If you ignore a director penalty notice (DPN) and none of the remission options is completed within 21 days, the ATO can recover the penalty from you personally. It can offset your personal tax refunds and credits, issue a garnishee notice to your bank or anyone else who holds money for you, or take legal action. An unpaid court judgment can lead to bankruptcy. Ignoring the notice does not make the debt go away, and for non-lockdown amounts it closes off the options that would have cancelled the penalty.
| Before the 21 days end | After the 21 days end | |
|---|---|---|
| Non-lockdown amounts | The penalty is remitted if the company pays, appoints a voluntary administrator or small business restructuring practitioner, or begins to be wound up | Those options no longer remit the penalty. It stays your personal debt unless it is paid or a defence applies |
| Lockdown amounts | Only payment in full remits the penalty | No change: only payment in full, or a successful defence, ends your liability |
| ATO recovery against you | Cannot start until the notice has been given and the 21 days have passed | Can start at any time |
Not sure which kind of notice you have? See lockdown vs non-lockdown DPNs. To check your dates, see how to count the 21 days. The 21 days are calendar days, so weekends and public holidays count.
The ATO must give you a DPN before it can take action to recover a director penalty. Once the 21 days have passed, it can use these methods:
| Method | What it means for you |
|---|---|
| Offsetting refunds and credits | Your personal tax refunds, and other credits the ATO owes you, are applied to the penalty. |
| Garnishee notice | The ATO directs a person who holds or owes you money, such as your bank or a business that pays you, to pay the ATO instead. |
| Legal action | The ATO sues you for the penalty. A court judgment can then be enforced against your assets. |
| Bankruptcy | If a court judgment of $10,000 or more remains unpaid, a creditor can serve a bankruptcy notice, which can lead to bankruptcy. |
If the company has more than one director, each director is likely to owe the same amount, and the ATO may recover from any or all of them. Any payment, whether by the company or by a director, reduces the amount owed by everyone.
Resigning does not help either. You remain liable for amounts that fell due while you were a director. See our director penalty notice guide.
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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Every payment reduces both the company’s debt and your penalty. Talk to the ATO about your circumstances if you cannot pay in full, but remember that a payment plan does not cancel the penalty.
The law allows three limited defences: you did not take part in managing the company because of illness or another good reason; you took all reasonable steps to make sure the company paid, appointed an administrator or restructuring practitioner, or was wound up; or, for super guarantee charge and GST, the company treated the law as applying in a reasonably arguable way.
You can ask the ATO to consider a defence at any time. It must be in writing and state which defence you rely on. Timing matters: if you lodge it within 60 days of receiving a garnishee notice, or something in writing showing the ATO has recovered part of the penalty, the ATO’s decision can be reviewed by the courts.
Appointing a voluntary administrator or liquidator after the 21 days no longer remits the penalty, but it may still be the right step for the company and its creditors. It also stops the company running up new debts while it is insolvent, which limits your exposure to insolvent trading claims.
If the penalty is more than you can pay personally, there are formal options for individuals, such as a personal insolvency agreement. Get advice before deciding, because each option has lasting consequences.
Once the 21 days pass without one of the remission options being completed, the ATO can recover the penalty from you personally. It can offset your tax refunds and credits, issue garnishee notices, or take legal action. For non-lockdown amounts, ignoring the notice also closes off the options that would have remitted the penalty.
Yes. A garnishee notice can require your bank, or anyone else who holds or owes you money, to pay it to the ATO instead of to you.
A DPN does not give the ATO your house directly. However, if the ATO obtains a court judgment and it is not paid, enforcing that judgment or bankruptcy can put your assets at risk, including your home.
No. You can ask the ATO to consider a defence at any time, in writing, stating which defence you rely on. If you lodge it within 60 days of receiving a garnishee notice, or something in writing showing the ATO has recovered part of the penalty, the ATO’s decision can be reviewed by the courts.
Not for amounts where the 21 days have already passed. Those stay your personal liability unless they are paid or a defence applies. Liquidation or administration may still be the right step for the company.
Each director is likely to owe the same amount, and the ATO may recover from any or all of them. A payment by the company or by any director reduces the amount owed by everyone.
Sources: Taxation Administration Act 1953 (Cth) Schedule 1, Division 269, including sections 269-25, 269-35 and 269-40; Bankruptcy Act 1966 (Cth) section 40; Australian Taxation Office, Director penalty regime (last updated 16 April 2026) and Firmer action we may take (last updated 17 September 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.