02/09/2026
🔎 The Tax is reviewing the ATO's administration of Director Penalty Notices and is seeking feedback from directors and tax professionals. Areas of focus include:
- ATO communications
- ATO decision-making processes
- ATO treatment of directors
- Directors facing vulnerable circumstances (including illness, coerced directorships, and financial abuse)
- Impacts on small business
🔷 BACKGROUND 🔷
The issued more than 84,000 DPNs in 2024-25, a 136% increase on the previous financial year. The Ombudsman has now commenced a review into the ATO's administration of DPNs.
The review will examine whether the ATO's use of DPNs is fair, effective, and supported by appropriate safeguards, while balancing the need to protect public revenue and employee entitlements.
🔷 PARTICIPATE IN THE REVIEW 🔷
Close date: 29 September 2026
Details here: https://taxombudsman.gov.au/reviews_reports/review-atos-administration-of-director-penalty-notices/
🔷 STEPS TO TAKE NOW 🔷
A DPN is rarely just a company tax debt issue. It indicates broader risks affecting the director personally and the wider client group, potentially impacting financing arrangements, restructuring plans, succession strategies, and future business decisions.
- Review your client base for accumulations of ATO debt and poor compliance;
- Remind relevant clients that company tax liabilities and super obligations can quickly become a personal issue for directors, particularly where ATO firmer action warnings have been issued or are anticipated.
- Have an action plan: Where a client receives a DPN, early advice is critical to understanding the director's position, available options, and potential exposure. Choose your complimentary discovery session here:
🔷 Advisers: https://calendly.com/tlc-legal/15minphone
🔷 Clients: https://calendly.com/tlc-legal/15-minute-discovery-call-new-enquiry
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Source: Tax Ombudsman, ATO director penalty powers in focus (1 September 2026) and Review: ATO's administration of Director Penalty Notices, accessed 2 September 2026.