Directors' Personal Liability for Company Taxation Debts & Superannuation

With the Jobkeeper subsidy having now ended, it is a timely reminder for directors to understand the personal liability they can face for Company tax debts. In April 2020 the ATO added GST, Luxury Car Tax ("LCT") and Wine Equalisation Tax ("WET") to the list of taxation debts for which a director can be held personally liable. The ATO can also impose a 200% penalty on employers who do not lodge their Superannuation Guarantee Charge (“SGC”) statement on time. Given the draconian effects that these laws can have on the company and the directors’ personal financial position we set out below a short summary of the laws which should be required reading for all directors and their advisors.

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