TAX TIP: ASIC – Company Address Details
Mar 21, 3 years ago

TAX TIP: ASIC – Company Address Details

Make sure that your company directors keep their details up-to-date with ASIC

A recent case has highlighted how important it is to keep details up-to-date with ASIC (not to mention other government departments, such as the ATO and the Australian Business Registrar).

In the case of Deputy Commissioner of Taxation v Fitzgerald [2016] NSWSC 971, the ATO was seeking approximately $2 million from the director for PAYG withholding amounts the company withheld but didn’t remit to the ATO.

Pursuant to S.269-25(1) of Schedule 1 to the Taxation Administration Act 1953, the Commissioner of Taxation is required to give to a director 21 days’ notice prior to commencing proceedings to recover a penalty (i.e., a director’s penalty notice (DPN)). Importantly, notice under S.269-25 is given at the time the Commissioner posts the notice to the director, and service of a notice can be effected by posting a notice to the address of the director as found in the Australian Securities & Investment Commission’s (“ASIC”) records.

In this case, it appeared that the director’s address as recorded with ASIC was incorrect (although the street name may have been correct). The director claimed he had made attempts to change the address but this had not been done.

Nonetheless, on 20 March 2015 the ATO had sent the DPN to the address of the director which appeared on the records of ASIC as at 19 March 2015. Therefore, despite the fact that the director claimed that he didn’t receive the DPN notice until 7 May 2015, the Supreme Court of New South Wales held that the DPN notice was deemed to have been given to the director on 20 March 2015 (and he was therefore liable for the penalties).

This is a relatively simple thing to check, but one that could have horrible consequences if the taxpayer gets it wrong. Therefore, it would be worthwhile for all clients (especially new clients) to know how important it is to keep these details up-to-date with the relevant authorities.

Should you have any queries in regards to the above article, please do not hesitate to contact our office on
02 4958 1829 or email our Client Support Manager on email@davidobrien.com.

Share "TAX TIP: ASIC – Company Address Details" via

More in Uncategorized
May 9, 2 years ago

Federal Budget 2018/19

 1. Personal income tax changes 1.1 Personal income tax plan The Government will introduce a seven-year, three-step, Personal Income Tax Plan, as follows: Step 1: Targeted tax relief to low and middle income earners The Government will introduce the…

Read   Comments are off
Mar 27, 2 years ago

We hope you’re enjoying our David O’Brien and Associates App

To all Our Valued Clients, We were delighted recently to announce the release of our brand-new App; if you need a reminder of what it does you can view our app by searching ‘David O’Brien & Associates’ in the App Store or on Goo…

Read   Comments are off
Mar 27, 2 years ago

Launch of our David O’Brien And Associates APP!

Dear Our Valued Client, As a firm we are constantly looking for ways we can improve the service we offer our customers. Therefore, we are pleased to announce the launch of our brand new David O’Brien & Associates App. It’s completely …

Read   Comments are off