brad vincent
Written by
Brad Vincent
Senior Client Advisor
brad vincent
Brad Vincent
Senior Client Advisor
Brad has been providing advice to directors of companies in financial distress for 10 years. Brad will probably be your initial contact at Dissolve and you will see he has the ability to quickly grasp the situation you face and can quickly point you in the right direction. After 10 years of being an advisor, Brad has developed an excellent understanding of the legal and practical issues facing a director of an insolvent company – it is rare for a director to throw a new situation at Brad. You will find him understanding and sympathetic, but above all practical. Brad will provide the cool head in a stressful situation. Read more
cliff sanderson
fact-checked by
Cliff Sanderson
Dissolve CEO, REGISTERED LIQUIDATOR
brad vincent
Cliff Sanderson
Dissolve CEO,
REGISTERED LIQUIDATOR
Cliff is a corporate restructuring specialist with over 30 years of experience in Australia and internationally. He is the founder and Chief Executive Officer of Dissolve. In the last 10 years, he has been appointed liquidator of over 700 companies. He was a Partner of Ernst & Young for 10 years. His experience ranges from formal appointments in Liquidations and Voluntary Administrations to the sale of business, due diligence and valuations. Cliff has been the lead adviser in some of the largest restructurings in the Asia Pacific region. Read more

ATO Departure Prohibition Order

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What does it mean? What should you do?

The ATO has the power to stop a debtor from leaving the country (regardless of whether they intend to return or not) until such time as a debt is paid in full or suitable arrangements for payment of the debt are made.

This order would apply to a director who has been made personally liable for their company’s tax debt by way of a Directors Penalty Notice.

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This order would apply to a director who has been made personally liable for their company’s tax debt by way of a Directors Penalty Notice.

  • there is a tax liability and whether it can be recovered;
  • known assets are sufficient to pay existing and future tax liabilities and whether those assets are in a readily-realisable form;
  • recovery proceedings have commenced;
  • the debtor has recently disposed of assets to associated persons or entities (the transaction may be overturned in bankruptcy);
  • there is any information to suggest concealment of assets (bank accounts in false names, use of an alias) or movement of funds (for example, AUSTRAC reports);
  • the debtor has entered into transactions that ‘charged’ assets in Australia and then moved the borrowed funds offshore;
  • the debtor has assets overseas adequate to maintain a comfortable lifestyle;
  • funds have been transferred overseas (and the purpose of the transfer);
  • the debtor has significant business interests in Australia;
  • the debtor is subject to investigation for criminal activities (and whether any charges have been laid);
  • there is a threat against the debtor’s life as a result of criminal or other activities;
  • there is ATO audit activity (or similar activity from other Government agencies);
  • the debtor holds (or the debtor has applied for) an Australian or foreign passport/visa/work permit;
  • the debtor has given an indication of likely overseas travel, and there is no apparent need for travel;
  • the debtor’s family situation (this information may not be relevant by itself, but when combined with a number of other factors, it may influence a decision to issue a DPO).

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If the above advice has not answered your questions you might want to review the following pages and downloadable Information Sheets:

If you would like to learn more about Director Penalty Notice, please access our full Director Penalty Notice guide created by Dissolve’s specialists explaining this in detail.

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