Australian Taxation Office

ATO internal guidance on issuing DPNs to bankrupt directors

FOI-2026-00734 Released 10 pages PDF

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This FOI release comprises two versions of ATO internal Enterprise Knowledge Management FAQ pages on director penalty notices (DPNs): one on the DPN FAQ itself (version 18.0, April 2026) and one on DPN enquiries (version 59.0, April 2026). The guidance explains that a DPN can issue to a bankrupt director, with consideration given to whether a return from the bankrupt estate is likely for pre-bankruptcy periods. It states that a DPN need not be invalidated on bankruptcy, though the ATO may prove for the amount in the bankrupt estate with some risk of a smaller dividend. Company winding-up or administrator appointment triggers remission only of penalties not covered by a DPN issued at least 21 days earlier, or already locked down. Dividends applied to company debts reduce parallel director liability. Several passages are redacted, and no figures are shown.

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