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Melz888(Newbie)Newbie
12 Nov 2024

A company fails for a few reasons, and usually due to forces outside of a directors control. I can understand if the director stole money from the company to the detriment of staff but failure due to economic circumstances and business partners stealing money does not warrant a LOCKDOWN DPN for company debts to be issued to a director who did everything in their power to

1. Turn the company around and get ontop of debts

2. Appointed a liquidator


I didn't steal money from my failed company. the only creditor was the ato. I appointed liquidators which cost me 200k over 2 years. I was then issued a lockdown dpn for company debts and I have no hope of repaying this staggering amount of 175k which is causing me significant personal distress. I have a house where live with my spouse who is recently pregnant


Where is the sense in transferring liquidated company debts after I I did what I could? What do you do when you have a business partner who stole 250k in the form of shareholder loans and fails to repay?

I did not materially benefit, did not steal money, repaid upto 50k in cash in my director loan account but was late on lodgements and missed super payments - even these SGC lodgements were calculated incorrectly.

After entering liquidation I should not be held responsible for these debts.


cannot believe the ATO thinks it reasonable to create a liability in the name of the director under some fairy floss premise that its realistic to expect this company debt be repaid.


It destroying my life. My wife is talking about and I risk losing the family house on the way to homelessness. How is this acceptable for the ATO to enact such life destroying policies - AFTER liquidation?


Please advise. I need help and some sense made of this.

2,425 views
2 replies
2,425 views
2 replies

Most helpful response

Most helpful reply

BrookeATO(Community Support)Community Support
13 Nov 2024

 Hi @melz888 

 

Without being able to look into your account, it's a little hard to say what happened and why. Even when a company is in liquidation, a DPN can still be issued. In fact, we'll only issue lockdown DPN's in these cases. 

 

The amount on the DPN is dependent on the amount of debt and when it was active, and what stage of insolvency the company was in. But, you do have a compliance period of 21 calendar days on the DPN before the debt is reflected as a parallel liability on your personal account. In these 21 days you should contact our Lodge and Pay team to either pay the outstanding amounts in full or set up a payment plan. Just remember, all directors are liable for company debt if it was accrued during the time of their directorship or prior to becoming a director.


If the compliance period has passed and you don't believe you should be liable for the debt amounts. You'll need to lodge a DPN defence, which you can find more info about on our website.


If you're experiencing financial hardship as a result of paying the outstanding amounts, we'd suggest getting in touch with the National Debt Helpline who can provide free financial counselling.

All replies

Most helpful reply

BrookeATO(Community Support)Community Support
13 Nov 2024

 Hi @melz888 

 

Without being able to look into your account, it's a little hard to say what happened and why. Even when a company is in liquidation, a DPN can still be issued. In fact, we'll only issue lockdown DPN's in these cases. 

 

The amount on the DPN is dependent on the amount of debt and when it was active, and what stage of insolvency the company was in. But, you do have a compliance period of 21 calendar days on the DPN before the debt is reflected as a parallel liability on your personal account. In these 21 days you should contact our Lodge and Pay team to either pay the outstanding amounts in full or set up a payment plan. Just remember, all directors are liable for company debt if it was accrued during the time of their directorship or prior to becoming a director.


If the compliance period has passed and you don't believe you should be liable for the debt amounts. You'll need to lodge a DPN defence, which you can find more info about on our website.


If you're experiencing financial hardship as a result of paying the outstanding amounts, we'd suggest getting in touch with the National Debt Helpline who can provide free financial counselling.

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DPN after company liquidation | ATO Community