From July 2012, a company director failing to report:

  • PAYG outstandings, or
  • Superannuation Guarantee contributions

within three months of the relevant obligations arising will become automatically personally liable for the obligation.

The director will not be able to avoid liability by placing the company into administration or liquidation.

Where a director accurately reports within three months but the company fails to pay the appropriate amount to the ATO, the director will only be personally liable where the ATO issues a Director Penalty Notice and the director fails to take remedial action within the following 21 day period.