When a company goes into liquidation, the ATO becomes a creditor like any other. For GST, PAYG withholding and income tax, the ATO ranks as an unsecured creditor with no priority. Super guarantee charge is different: it ranks with employee entitlements. Liquidation deals with the company’s debt, but it does not automatically end directors’ personal liability under director penalty notices.
| ATO debt | How it ranks in a liquidation |
|---|---|
| GST, PAYG withholding and income tax | Unsecured, with no priority over other unsecured creditors |
| Super guarantee charge for employees | With employee entitlements, ahead of unsecured creditors |
| Super guarantee charge for excluded employees, such as directors and their spouses | Priority on the first $2,000 only; the rest ranks as unsecured |
Behind with the ATO?
The earlier you act, the more options you have. Book a free 30-minute call with Luke D’Costa, Senior Manager – Debt Strategist. If you have received a director penalty notice, check your deadline with our 21-day DPN calculator.
Book a free 30-minute call Sydney 02 9660 3532 · Brisbane 07 3868 1888
Liquidation is the right outcome for a business that is no longer viable, but it is not the only option. If the business can continue, compare small business restructuring and voluntary administration. See voluntary administration, SBR or liquidation: how to choose.
For how liquidation works more generally, including what directors must do and who is paid first, see company liquidation in Australia.
Not for most tax debts. GST, PAYG withholding and income tax owed to the ATO rank as unsecured debts, alongside other unsecured creditors. Super guarantee charge is different, because it ranks with employee entitlements.
Yes. Super guarantee charge ranks with employee entitlements. For excluded employees, such as directors and their spouses, only the first $2,000 has priority, and the rest ranks with unsecured creditors.
No. A director penalty that was not remitted within 21 days of the notice, or a lockdown penalty, remains the director’s personal liability after liquidation and deregistration.
Yes. Payments towards the company’s liability, including dividends from the liquidator, reduce both the company’s debt and the director penalty.
Yes. The ATO is a creditor and can vote at creditors’ meetings. Where it is the largest creditor, its vote can carry significant weight.
Sources: Corporations Act 2001 (Cth) section 556; Taxation Administration Act 1953 (Cth) Schedule 1, Division 269; Australian Taxation Office, Superannuation and insolvency; 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.