Recently we have received, or in the alternate the accountant, solicitor or director involved has received and notified us in respect to Director Penalty Notices (DPN’s) that had recently been issued that relate to earlier outstanding tax liabilities which remain outstanding today but had purportedly been dealt with, and resolved, before.
All so far have related to insolvency matters dealt with previously but where the Tax File Number (TFN) has remained extant. This is commonly the case in matters relating to Deeds of Company Arrangement (DCA).
It would appear that with the recent issues with the ATO’s data base and storage systems, that some matters that had previously been ticked off as resolved, i.e. the Directors had taken appropriate action at the time that they had originally become aware of the company’s insolvency, may well have been reinstated with that record now again being open or unresolved.
In the cases raised with us it does not appear to have mattered as to whether the Deed had been completed or was still in operation, but in all cases the DPN’s related to amounts outstanding prior to the date of the original appointment of the Administrator. It is worthy to note that in all of the cases raised with this Firm all post appointment tax lodgements and payments were in fact up to date, both in terms of lodgement and payment.
Notification of the apparent error and the provision of details of the earlier appointment and current status of lodgements appears to have been all that has been required to rectify the situation. At least for the time being.
Watch this space.