Running a successful business is hard work, and sometimes, despite best intentions, tax obligations slip. If the business is operated through a company structure, the ATO can issue a Director Penalty Notice (DPN), holding company directors personally liable for unpaid taxes.
In 2024–25, DPNs skyrocketed by 136%, reaching over 84,000 notices, affecting directors of around 64,000 companies. The stakes are high, and the Tax Ombudsman is now reviewing how the ATO issues and manages these notices, a development that all directors should take seriously.
So, what exactly is a DPN? Put simply, if your company fails to pay certain taxes, such as PAYG withholding, GST, or the Superannuation Guarantee Charge (SGC), the ATO can target directors personally. There are two types:
- Non-lockdown DPNs: These apply if the company has lodged its activity statements or SGC statements but hasn’t made the relevant payments. In this case, directors have 21 days to take appropriate action, such as arranging for payment of the debt, appointing an administrator, or entering liquidation. Acting promptly may allow the penalty to be remitted.
- Lockdown DPNs: These apply if reporting deadlines are missed as well. In this scenario, directors can’t avoid personal liability by putting the company into administration or liquidation.
The intent is to protect government revenue and employee entitlements, but for directors, the impact can be severe.
Why the Ombudsman is Involved
The review, announced in December 2025 by Tax Ombudsman Ruth Owen, responds to a surge in complaints, with DPNs topping the list. It will examine:
- How effectively the ATO uses DPNs to recover debts ($54.2 billion in collectable amounts by mid-2025)
- The fairness of selecting cases for enforcement
- How directors are notified and communicated with
- Treatment of vulnerable directors, including those coerced into roles or facing financial abuse
The review also aligns with broader government initiatives, including support for survivors of gender-based violence and more empathetic engagement with business owners. While timelines are flexible due to resources, the review is part of the 2025–26 work plan, alongside assessments of ATO services for agents, First Nations engagement, and interest charge remissions.
Commercial Takeaways for Directors
DPNs are more than a compliance issue, they’re a real commercial risk. Ignoring a notice can disrupt personal finances, damage credit ratings, and even trigger bankruptcy. At the same time, the Ombudsman review could improve transparency and fairness, giving directors a clearer understanding of options if financial stress arises.
Practical steps to protect yourself now
- Stay on top of obligations: make sure the company lodges returns and pays liabilities on time.
- Lodge statements even if payment isn’t possible: Failing to lodge activity statements makes things worse.
- Consider using ATO payment plans if cash flow is tight, but remember that this won’t necessarily enable directors to escape personal liability if a DPN has already been issued.
- Monitor company cash flow and tax health closely, especially during economic dips.
- Act fast if you receive a DPN: Consult your accountant or lawyer immediately to explore options, as strict deadlines may apply.
- Consider director insurance or business structuring to limit personal exposure, but compliance always comes first.
The Ombudsman’s review is a timely reminder: tax is a key business risk, not just paperwork. Being informed, proactive, and prepared can protect both your business and your personal assets.
If you’re concerned about DPN exposure, reach out for a tailored review, we can help you stay ahead of risk, so your business thrives rather than survives.