
A Director Penalty Notice (DPN) is a powerful tool used by the Australian Taxation Office (ATO) to hold company directors personally liable for unpaid company tax debts.
If you’re a director and your company owes PAYG withholding, GST or superannuation, you could receive a DPN. Choosing to ignore it can lead to significant personal financial consequences.
At Equinox Restructuring & Insolvency, we help directors act quickly and confidently when served with a DPN, minimising their liability and protecting personal assets.

A DPN is a formal notice issued by the ATO to a company director, making them personally liable for specific unpaid company tax debts.
There are two types of DPNs:
Applies if company BAS or SGC statements were not lodged within required timeframes
Directors are automatically liable and cannot avoid personal liability through insolvency appointments
The only way to avoid liability is to pay the debt in full
If these debts are unpaid and lodgements are late, directors face automatic personal liability under a lockdown DPN.
Failing to act means the ATO can pursue you personally – even after the company is wound up.

Assess your exposure under a DPN
Advise on insolvency options to avoid liability (if available)
Implement Small Business Restructuring solutions fast
Work with your accountant or lawyer to respond promptly
Time is critical. If you’ve received a DPN or think one may be coming, get in touch now for fast, confidential advice.
You have 21 days from the date on the notice (not when you receive it) for a non-lockdown DPN. For lockdown DPNs, liability is automatic.
In limited cases. But the best protection is to act quickly and explore formal restructuring or insolvency options.
Yes. The ATO can pursue one or all directors for the full amount.
You have 30 days from your appointment to place the company into external administration before the personal liability attaches.
No. Safe harbour protects against insolvent trading liability, but does not apply to DPNs. However, it may still be part of a broader strategy.
Generally yes, but the ATO can escalate quickly once the DPN period has expired.