Director penalty notice: funding the debt before the 21 days run out

Of all the deadlines that come across the Deadline Desk, a director penalty notice is the one where the date matters most. It can shift a company’s tax debt onto the directors personally, and it comes with a fixed 21-day window to act.

This page isn’t legal advice — your accountant or an insolvency adviser should be part of the conversation. It’s about the deadline: how the clock works, what funding can and can’t do inside it, and what to have ready when you ring.

When does the 21-day clock actually start?

This is the detail that catches people out. Under the ATO’s approach, day one is the date the notice is mailed, or the date it’s dropped at the company’s ASIC-registered address. Not the day it arrives. Not the day you open it.

That means:

• if the company’s registered address is an old office or your accountant’s address, the letter may sit for days before it reaches you
• normal postal time comes out of your 21 days
• by the time you’re reading it, you might have two weeks left — or less

So the first job is to find the date on the notice and count forward. Then make sure the company’s ASIC registered address is current, so the next letter doesn’t lose days in transit.

What are the ways to deal with a DPN?

Within the 21 days, the ATO recognises four ways to have a director penalty remitted:

1. the company clears its outstanding balance in full
2. the company goes into administration
3. a restructuring practitioner is brought in under the small business restructuring process
4. winding up of the company gets under way

Funding is relevant to the first. The other three are formal insolvency or restructuring steps that need professional advice. Many directors want to keep the company trading and simply clear the debt — which is where a loan comes in.

What is a lockdown DPN, and why does it matter?

Where PAYG withholding or GST was lodged over three months late — or super guarantee charge wasn’t reported by its due date — the ATO’s position is that payment is the only thing that clears the penalty. Administration or liquidation won’t do it. Amounts the ATO has estimated count as unreported, too.

For a lockdown DPN, paying in full is effectively the only remission route. That makes the 21-day funding window even more important.

What’s realistically possible inside 21 days?

Days left when you call	What’s realistic	Comment
14 or more	Property-secured or unsecured options; time to compare	Best position to be in
7 to 13	Property-secured loan, often a caveat or second mortgage	Have documents ready on day one
3 to 6	Property-secured, up to $5m possible within 24–48 hours	Tight; every signatory must be available
1 or 2	$20k – $250k possible same day with simple property security	Very tight; ring immediately

ATO debt is considered case by case, and a DPN doesn’t automatically rule a business out. Property-secured lending is common here because larger amounts are possible quickly and the lender’s focus is the security and the exit.

If you’ve got the details together, start your enquiry or ring 1300 752 188 the same day you open the letter.

What to have ready when you call about a DPN

• The DPN itself — the date, the company and the amounts listed.
• A current ATO statement of account from Online services for business, showing each account’s balance and payment reference number. See pulling your ATO statement.
• Property details — address, owners, approximate value and existing loans.
• Business bank statements and ID for each director who will sign.
• Your repayment plan — where the money to clear the loan comes from: trading income, a refinance, selling a property or a receivable that’s on its way.

Have the payment reference numbers ready, because funds paid to the ATO need to land against the right account. The ATO notes it can take up to four business days for a payment to show in online services, so don’t plan to pay on day 21.

Can you set up an ATO payment plan instead?

The ATO lets businesses that owe $200,000 or less set up a payment plan online, and larger debts can be discussed by phone. Whether a payment plan deals with a DPN depends on the notice and the ATO’s response, so ask your adviser before you rely on it. GIC continues to compound daily on debts in a payment plan, and from 1 July 2025 ATO interest charges are no longer tax deductible — the GIC guide explains why that changes the maths.

Should you pay part of the debt now?

If funding the whole amount isn’t possible within the window, talk to your accountant before paying part of it. A part-payment shrinks the debt but won’t, by itself, remit the penalty — of the ATO’s four routes, one needs the full balance cleared and the other three are formal appointments or a winding up. Get advice on how any payment should be applied and what it achieves before you send it.

Start inside the window, not at the end of it

The single biggest factor in a DPN outcome is how many of the 21 days are left when the work starts. Ringing the Deadline Desk is free, carries no credit check, and stays with one team — your details aren’t passed around a list of lenders. A real person reviews the notice and the property and calls you back with what’s realistic.

Please give accurate figures on the enquiry form — the amount on the notice, the date it was issued and any property — so the options you hear can actually settle before day 21. Or call 1300 752 188 now.