Successfully Navigating a Favourable Resolution to Director Penalty Notices

Successfully Navigating a Favourable Resolution to Director Penalty Notices


Irish Bentley Lawyers have considerable experience navigating all facets of Australia taxation law. However, a particularly difficult area is the means to satisfactorily addressing Director Penalty Notices (“DPN”). The following case studies are two (2) examples of our pleased tax clients.

Case Study One

One of our clients came to us because the Australian Taxation Office (“ATO”) were suing him on an expired DPN in a sum of over $800,000.00. We carefully navigated the intricacies of the DPN and negotiated for the DPN quantum to be reduced to $400,000.00 (50%) to resolve the Court proceedings.

We then lodged submissions and and submitted medical evidence and sought that the $400,000.00 remaining be further reduced and/or remitted.

After considerable discussion, and debate, about the ATO’s policies and when the ATO ought use their discretion, the ATO agreed to not enforce the $400,000.00, so we effectively had the entire DPN liability removed. We are especially proud of this result because it has allowed the client to focus on building a new business rather than  going bankrupt, and he now has hope in life and a business future ahead.

Client Testimonial: “I am so relieved Zeke, I sought advice from several “tax lawyers”, but they all told me I had no hope and I should go bankrupt instead. You were the only one that felt something could be done, and you did it. I am still amazed at the incredible results on all of my files but especially this one! Thank you so much for helping me avoid bankruptcy and being able to rebuild my life!”

 

Case Study Two

Another client came to us with an expired DPN for an amount exceeding $80,000.00. The ATO had not yet sued him but they had been garnisheeing his accounts and they had withheld his tax refunds. Our client feared they would begin suing him, and he instructed us to resolve it as the client had a successful business, and he needed to protect his good reputation.

We went straight to lodging submissions on why the DPN should be withdrawn and why all monies taken should be returned. The ATO agreed to withdraw the DPN, to refund all monies taken through garnishee processes, and to return all tax refunds seized. He is also enjoying business and life generally, and sent us an email stating:

Client Testimonial: “Wow Angus, that is fantastic news!!! You are the man! Needless to say how thankful I am…..thank you very much for your great work!”

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