The 21 days on a director penalty notice (DPN) start on the day the ATO posts the notice, or leaves it at your address registered with ASIC. They do not start when you receive or open it. Because a posted notice can take days to arrive, you may have less than 21 days in practice. The 21 days are calendar days, so weekends and public holidays count. Count 21 days from the date the notice was posted, and plan to act well before the last day.
Our 21-day DPN calculator does the arithmetic for you.
| Step | Date |
|---|---|
| Date printed on the notice | Monday 5 October 2026 |
| Notice arrives in your letterbox | Thursday 8 October 2026 (3 days already used) |
| 21 days after the date of the notice | Monday 26 October 2026 |
| Time left when you open it | 18 days |
This example is for illustration only. Check the date on your own notice, and get advice before relying on any date.
The law treats the notice as given when the ATO posts it, or leaves it at the address that ASIC holds for you. Courts have confirmed that the ATO does not have to prove you received it, and that simply saying you did not receive it is generally not enough. This is why notices sent to an old address still count.
The ATO only needs to post the notice to the address on the ASIC register. It does not have to find you, call you or email you. If that address is out of date, the 21 days can run out before you ever see the notice. If you have moved, update your details with ASIC now.
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.
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For a non-lockdown DPN, one of these must be completed, not just started, within the 21 days:
Agreeing a payment plan is not one of these. See does a payment plan cancel a DPN?
For a lockdown DPN, the 21 days still appear on the notice, but only payment in full remits the penalty. Once the 21 days pass, the ATO can move to recover it from you personally.
If none of the options was completed in time, the ATO can recover the penalty from you personally, for example by offsetting your tax refunds or credits, issuing a garnishee notice, or taking legal action. Appointing an administrator or liquidator after the 21 days may still help the company, but it no longer remits the penalty.
On the day the ATO posts the notice, or leaves it at your address registered with ASIC. They do not start when you receive or open it.
The ATO only needs to post it to your address on the ASIC register. If it did, the law treats the notice as given, even if it went to an old address or you never saw it. Courts have held that simply saying you did not receive it is generally not enough, so keep your details on the ASIC register up to date.
The ATO’s guidance sets out no process for extending the 21 days, so treat the deadline as fixed.
Yes. The 21 days are calendar days, so weekends and public holidays are included. There is no extra time if the last day falls on a weekend or public holiday.
No. They are separate deadlines under different laws. A company can face both at once, and each has to be dealt with on its own terms.
It reduces the penalty by the amount paid, but it does not remit the balance. The rest stays your personal liability unless one of the four options is completed in time.
Sources: Taxation Administration Act 1953 (Cth) Schedule 1, sections 269-25 and 269-50; Deputy Commissioner of Taxation v Tannous [2016] NSWSC 1654; Deputy Commissioner of Taxation v Lawson [2017] VSC 789; 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 Patrick Loi, Managing Principal and Registered Liquidator. Patrick has more than 20 years’ experience in corporate restructuring and insolvency and founded Greengate Advisory. Meet the team.