shopping_cart

Your shopping cart is empty

The ATO’s director penalty notice powers

Member Price: $22.00
Non Member Price: $28.00

DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 01 Apr 19 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

The ATO’s enhanced debt collection powers against directors and other third parties seem to be continually expanding, but the fundamental touchpoint remains the director penalty notification mechanism, which has developed a very substantial body of law. Government announcements that want to press errant directors to pay a widening field of withheld amounts seem to be happening on a regular basis. When coupled with the parliamentary inertia that happens with minority governments, the passing of such proposed legislation with amendments is both intermittent and usually unannounced. This process seems to lead to a state of confusion and an inability to properly interpret the DPN rules. In this article, the authors review the DPN rules and consider imminent legislative changes. They also look at how individuals other than directors might become liable under the DPN rules, and the ATO’s take on the liability that applies to new directors.

Author profiles

Arthur Athanasiou CTA-Life
Photo of author, Arthur ATHANASIOU Arthur Athanasiou, CTA (Life), is an Accredited Tax Law Specialist and Principal of AGA Legal Pty Ltd. He is a highly competent and well-respected tax lawyer with 30 years’ experience. While he provides clients with tax and structuring advice, his main area of focus is in resolving tax disputes with the ATO and SRO and settling tax audits. Arthur also practises in matters involving tax agents and inquiries by the Tax Practitioners Board including appealing adverse TPB decisions. His practice also extends to white-collar crime, and other taxation offences. He also has a Deceased Estates practice. Arthur has qualified as a Chartered Accountant and is a former President of The Tax Institute. He has been appointed as an Adjunct Professor at La Trobe University Law School and chaired the Law Institute’s Tax Law Advisory Committee for a decade. Arthur has been recognized by Doyle's Guide who has recognized him as a "Leading Lawyer, Tax Law, Victoria" multiple times (2016, 2018-2024) and a "Recommended Lawyer, Tax Law, Victoria" (2015, 2017). Best Lawyers Peer Review recognised him as "Best Lawyer Trusts and Estates" (2022-2026) and for his work in Tax Law (since 2023). He is a widely published writer on taxation issues and regularly appears in mainstream media and presents at tax conferences and seminars. - Current at 03 June 2025
Click here to expand/collapse more articles by Arthur ATHANASIOU.
Mark Gioskos
Mark Gioskos, FTI, specialises in taxation and revenue law. He has extensive experience in Federal, State and Territory tax and commercial matters and has acted for governmental, public and private entities and individuals. Mark is a Senior Fellow of Melbourne Law School, The University of Melbourne, where he teaches within the Melbourne Law Masters program. He serves as a member of the Tax Bar Association committee and The Tax Institute's Victorian State Council. He holds a Master of Laws from The University of Melbourne and is a Fellow of The Tax Institute. Mark was named as a winner of the Australasian Lawyer 2022 Rising Star awards. He has authored several journal articles and is a regular presenter at conferences and seminars. - Current at 08 May 2024
Click here to expand/collapse more articles by Mark Gioskos.

 

Copyright Statement