If a company has not reported its PAYG withholding, GST or super guarantee charge, the ATO can estimate what it owes, and director penalties can apply to that estimate. A director penalty notice (DPN) based on an estimate is a lockdown notice, because the ATO treats estimated amounts as never reported. That means only payment in full remits it, unless the estimate is reduced or revoked, or a defence applies.
Received a DPN? The 21 days are already running.
Work out your deadline with our 21-day DPN calculator, or book a free 30-minute call with Luke D’Costa, Senior Manager – Debt Strategist.
Book a free 30-minute call Sydney 02 9660 3532 · Brisbane 07 3868 1888
A lockdown amount can only be remitted by paying it in full, but every payment reduces both the company’s debt and your penalty. A defence may also apply. For the company itself, administration, restructuring or liquidation may still be the right step even though it will not remit the locked-down penalty. See what happens if you ignore a DPN.
Keep lodging activity statements and reporting super on time, even when the company cannot pay. On-time reporting keeps amounts out of lockdown and reduces the chance of an estimate. New directors should check the lodgement position as soon as they join: see new directors and the 30-day rule.
Yes. If the company has not reported or paid, the ATO can estimate the amount and director penalties can apply to the estimate.
Yes. The ATO treats estimated PAYG withholding and GST as amounts that were never reported, so a DPN for those amounts can only be remitted by payment in full.
The company or director can ask for the estimate to be reduced or revoked, usually by a statutory declaration, or an affidavit in court proceedings, setting out the actual amount. The law sets what it must contain, so get advice before you sign.
Lodging is important, but it does not by itself remove an estimate or turn a lockdown amount back into a non-lockdown one. Ask for the estimate to be reduced or revoked as well.
Sources: Taxation Administration Act 1953 (Cth) Schedule 1, Divisions 268 and 269; Australian Taxation Office, Director penalty regime (last updated 16 April 2026). This page is general information, not advice about your circumstances. Last reviewed: 9 October 2026.
Written by Luke D’Costa, Senior Manager – Debt Strategist. Luke has more than 16 years’ experience in insolvency and holds ARITA’s Advanced Certificate in Insolvency.
Reviewed by John Chand, Principal and Registered Liquidator. John has more than 17 years’ insolvency experience. Meet the team.