{"id":1044,"date":"2026-03-10T00:27:20","date_gmt":"2026-03-10T00:27:20","guid":{"rendered":"https:\/\/www.trakaccountants.com.au\/blog\/?p=1044"},"modified":"2026-03-10T00:27:21","modified_gmt":"2026-03-10T00:27:21","slug":"dpn-review-a-wake-up-call-for-business-owners-on-personal-tax-risks","status":"publish","type":"post","link":"https:\/\/www.trakaccountants.com.au\/blog\/dpn-review-a-wake-up-call-for-business-owners-on-personal-tax-risks\/","title":{"rendered":"DPN Review: A Wake-Up Call for Business Owners on Personal Tax Risks"},"content":{"rendered":"\n<p>Running a successful business is hard work\u2014and sometimes, despite best intentions, tax obligations slip. If the business is being operated through a company structure, then the ATO can potentially issue a Director Penalty Notice (DPN), holding company directors personally liable for unpaid taxes.<\/p>\n\n\n\n<p>In 2024\u201325, DPNs skyrocketed by 136%, reaching over 84,000 notices, affecting directors of around 64,000 companies. The stakes are high, and now the Tax Ombudsman is reviewing how the ATO issues and manages these notices\u2014a development all directors should take seriously.<\/p>\n\n\n\n<p>So, what exactly is a DPN? Put simply, if your company fails to pay certain taxes\u2014like PAYG withholding, GST, or Superannuation Guarantee Charge (SGC)\u2014the ATO can target directors personally. There are two types:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Non-lockdown DPNs: These apply if the company has lodged its activity statements or SGC statements but hasn\u2019t 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.<\/li>\n\n\n\n<li>Lockdown DPNs: These apply if reporting deadlines are missed as well. In this scenario directors can\u2019t avoid personal liability by putting the company into administration or liquidation.<\/li>\n<\/ul>\n\n\n\n<p>The intent is to protect government revenue and employee entitlements\u2014but for directors, the impact can be severe.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><a>Why the Ombudsman is Involved <\/a><\/h2>\n\n\n\n<p>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:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>How effectively the ATO uses DPNs to recover debts ($54.2 billion in collectable amounts by mid-2025)<\/li>\n\n\n\n<li>The fairness of selecting cases for enforcement<\/li>\n\n\n\n<li>How directors are notified and communicated with<\/li>\n\n\n\n<li>Treatment of vulnerable directors, including those coerced into roles or facing financial abuse<\/li>\n<\/ul>\n\n\n\n<p>The review also aligns with broader government initiatives, including support for gender-based violence survivors and more empathetic engagement with business owners. While timelines are flexible due to resources, the review is part of the 2025\u201326 work plan, alongside assessments of ATO services for agents, First Nations engagement, and interest charge remissions.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><a>Commercial Takeaways for Directors <\/a><\/h2>\n\n\n\n<p>DPNs are more than a compliance issue\u2014they\u2019re 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.<\/p>\n\n\n\n<p>Practical steps to protect yourself now<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Stay on top of obligations: make sure the company lodges returns and pays liabilities on time.<\/li>\n\n\n\n<li>Lodge statements even if payment isn\u2019t possible: Failing to lodge activity statements just makes things worse.<\/li>\n\n\n\n<li>Consider using ATO payment plans if cash flow is tight but remember that this won\u2019t necessarily enable directors to escape personal liability if a DPN has been issued already.<\/li>\n\n\n\n<li>Monitor company cash flow and tax health closely, especially during economic dips.<\/li>\n\n\n\n<li>Act fast if you receive a DPN: Consult immediately your accountant or lawyer to explore options because strict deadlines might apply.<\/li>\n\n\n\n<li>Consider director insurance or business structuring to limit personal exposure\u2014but compliance always comes first.<\/li>\n<\/ul>\n\n\n\n<p>The Ombudsman\u2019s 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\u2019re concerned about DPN exposure, reach out for a tailored review\u2014we can help you stay ahead of risk, so your business thrives rather than just survives.&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Running a successful business is hard work\u2014and sometimes, despite best intentions, tax obligations slip. If the business is being operated through a company structure, then the ATO can potentially issue a Director Penalty Notice (DPN), holding company directors personally liable for unpaid taxes. In 2024\u201325, DPNs skyrocketed by 136%, reaching over 84,000 notices, affecting directors<a class=\"blog-more\" href=\"https:\/\/www.trakaccountants.com.au\/blog\/dpn-review-a-wake-up-call-for-business-owners-on-personal-tax-risks\/\">Read More \u00bb<\/a><\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"cybocfi_hide_featured_image":"","spay_email":"","footnotes":""},"categories":[119],"tags":[],"class_list":["post-1044","post","type-post","status-publish","format-standard","hentry","category-business-advisory"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/posts\/1044","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/comments?post=1044"}],"version-history":[{"count":2,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/posts\/1044\/revisions"}],"predecessor-version":[{"id":1047,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/posts\/1044\/revisions\/1047"}],"wp:attachment":[{"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/media?parent=1044"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/categories?post=1044"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/tags?post=1044"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}