Hi all,
I’m seeking some guidance around director responsibilities and ATO compliance.
I was appointed as a resident director for a company where the main shareholder and other director is a non-resident. I was not involved in the day-to-day operations or financial matters, and acted primarily to meet ASIC’s resident director requirements.
Recently, I received Director Penalty Notices (DPNs) from the ATO for unpaid PAYG and GST for past quarters. These penalties have now been paid. However, I’m concerned because the company hasn’t lodged any BAS or tax returns since early 2024, and the appointed tax agent has been unresponsive.
I’ve now resigned from the directorship but remain concerned about further ATO action due to ongoing non-lodgement and the lack of a current Australian-resident director.
My questions:
- Could new DPNs still be issued to former directors if lodgements remain outstanding?
- What happens if a company no longer has a resident director or fails to appoint a new one?
- Can former directors take any steps to avoid further personal liability after resignation?
Any guidance or similar experiences would be appreciated. Thanks in advance!
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