The Income Tax Assessment Act 1936 (Cth) has recently been amended to include special provisions for the recovery of unremitted tax instalment deductions. These provisions replaced the priority provided to the Commissioner under former s221P. The new provisions provide the Commissioner with significant advantages and can operate in quite a draconian fashion as is illustrated by the recent decision in Fitzgerald v DFC of T. This article indicates that potential company directors should take heed of the warnings echoed in this case before blindly accepting their appointments.
Barkoczy, Stephen and Barkoczy, Mei-Ling
"Directors' Liability and the New Regime for Collecting Unremitted Tax Instalments ,"
Revenue Law Journal: Vol. 6
, Article 8.
Available at: http://epublications.bond.edu.au/rlj/vol6/iss1/8