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Possible changes to Director Penalty Notice regime

In the recent budget, the Commonwealth government addressed the issue of fraudulent phoenix activity and proposed a number of law changes to strengthen the ability of regulators, particularly the...

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Corporate insolvency update: Director Penalty Notice changes

In an earlier post we raised the possibility of changes to the law concerning Director Penalty Notices.  The Treasury released its exposure draft of the proposed legislation for public consultation...

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What is a Director Penalty Notice?

A Director Penalty Notice (“DPN”) is a method by which the Australian Taxation Office (“ATO”) seeks to ensure that company directors cause their companies to meet their obligations to pay Pay-As-You-Go...

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What is the difference between a “standard” Director Penalty Notice and a...

  Standard Director Penalty Notices   The ATO will usually issue a standard Director Penalty Notice (“DPN”) in circumstances where a company has reported its Pay-As-You-Go (“PAYG”) and Superannuation...

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Service of Director Penalty Notices – Why directors should keep their ASIC...

The rules of service of Director Penalty Notices (“DPN”) differ from those that apply to the service of documents that initiate legal proceedings (statements of claim, originating processes and the...

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Defending a Director Penalty Notice

If the Australian Taxation Office (“ATO”) has issued a Director Penalty Notice (“DPN”) against you for unpaid Pay-As-You-Go instalments (“PAYG”) or unpaid Superannuation Guarantee Charges (“SGC”), you...

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