Several director penalty letters need separate tracking
Maintain a notice-by-notice response record rather than assuming one director-penalty enquiry covers all letters.
Corporate Recovery Partners
01 / 06
The letters look almost identical
Imagine a director opens several envelopes about company tax liabilities. The headings look similar, so only the latest letter is forwarded to the adviser. An earlier notice remains in the pile. Give the adviser every document promptly and identify them separately. Similar presentation does not establish that the letters cover the same amounts, periods or required actions.
ASIC's guidance says a director penalty notice should prompt immediate professional advice. Explain that several documents have arrived and that their relationship is unclear. Ask the lawyer and tax agent to identify the relevant dates and obligations. Do not select a single response date yourself or assume advice on one notice necessarily addresses the others.
For each letter, record the document date, company, named recipient, amount, stated periods and any reference number. Preserve envelopes and electronic messages. Note when it came to your attention without treating that as the legal starting date. In the hypothetical example, two letters may share a company name while dealing with different periods that need different supporting records.
Attach the tax account and lodgement information relevant to each item. If one record supports more than one notice, reference it clearly rather than copying figures inconsistently. Ask the advisers to establish whether any documents overlap, replace earlier correspondence or require separate attention. Leave that relationship unresolved in the register until it has been checked.
When advice arrives, note which notice it addresses and what further information is required. Confirm responsibility for any response, contact or filing. A telephone discussion about the newest letter should not silently close every other entry. If different advisers are involved, make sure they receive the same complete document set and understand who is coordinating the work.
Review the register until the advisers confirm the position for each notice. Save written responses and acknowledgements against the relevant entry. CRP can help organise the records and commercial context, while qualified professionals assess the legal and tax issues. The practical safeguard is a complete view of every letter, so a repeated heading does not cause an important document to be overlooked.