Penalty units increase from 1 July 2026
From 1 July 2026, the value of a Commonwealth penalty unit increased from $330 to $364. While this may sound like a minor administrative change, it has a direct impact on many ATO penalties, increasing the cost of a range of compliance failures.
A penalty unit is simply the method used under Commonwealth law to calculate many fines and administrative penalties. Rather than specifying a fixed dollar amount, the legislation often refers to a certain number of penalty units. As the value of a penalty unit increases, so too do the penalties that rely on it.
The new value applies to breaches that occur on or after 1 July 2026. Earlier breaches continue to be assessed using the previous rate.
Where the increase is likely to be felt
Many of the ATO’s administrative penalties are based on penalty units, meaning the increase flows directly through to the amount payable.
Failure to lodge on time
One of the most common penalties applies where tax returns, activity statements or other required documents are lodged late.
The base penalty is generally one penalty unit for every 28 days (or part of 28 days) that a document remains outstanding, up to a maximum of five penalty units.
For a small entity, this means the maximum base penalty has increased from $1,650 to $1,820. Higher penalties may apply to medium and large entities, while significant global entities are subject to much larger penalty amounts.
False or misleading statements
Providing incorrect information to the ATO can also result in penalties.
Where there is no tax shortfall, the law provides for base penalties of 20, 40 or 60 penalty units, depending on the circumstances and the taxpayer’s level of care.
At the new penalty unit value, these base penalties have increased to $7,280, $14,560 and $21,840 respectively, before taking into account any reductions or increases that may apply.
Self-managed super funds
Trustees of self-managed superannuation funds (SMSFs) should also be aware of the higher penalty amounts.
A range of SMSF administrative penalties are calculated using penalty units. For example, some breaches that previously attracted a penalty of $19,800 (60 penalty units) now carry a penalty of $21,840.
Importantly, these penalties are generally imposed on each individual trustee rather than the fund itself. This means the total cost can increase significantly where a fund has multiple individual trustees, and the penalties cannot usually be paid from the assets of the superannuation fund.
Other obligations, such as certain record-keeping requirements, tax invoice obligations and some superannuation guarantee penalties, may also be affected by the higher penalty unit value.
Why this matters
For most taxpayers, these penalties are entirely avoidable.
Late lodgements, poor record keeping and incorrect information remain some of the most common reasons businesses and individuals incur ATO penalties. While the increase in penalty units may not seem substantial on its own, the cost can add up quickly where there are multiple outstanding obligations or repeated compliance issues.
It is also worth remembering that ATO penalties are generally not tax deductible, meaning they must be paid from after-tax income.
The good news is that the ATO will often consider remitting penalties (in part or full) where there are genuine mitigating circumstances, reasonable care has been taken, or a voluntary disclosure is made before the issue is identified by the ATO. Addressing problems early typically results in a better outcome than waiting until formal compliance action begins.
Practical steps to reduce your risk
There are several simple steps that can help minimise the risk of penalties:
- Lodge on time. Providing information to us well before due dates gives enough time to prepare accurate returns and meet lodgement deadlines.
- Keep good records. Accurate and up-to-date records make it easier to prepare returns correctly and support your tax positions if questions arise.
- Review your compliance regularly. If you operate a business or manage an SMSF, periodic reviews can identify issues before they become costly.
- Seek advice early. If you think you’ve made a mistake or have fallen behind with your tax obligations, speaking with us as soon as possible will generally provide more options than waiting for the ATO to contact you.
A timely reminder
The increase in penalty units is a timely reminder that the cost of tax non-compliance continues to rise. While the higher penalties are intended to encourage timely and accurate compliance, they also reinforce the value of good record keeping and proactive tax management.
If you have any concerns about outstanding lodgements, record-keeping obligations or any other tax compliance matter, please contact us. We can help you address issues early and minimise the risk of unnecessary penalties.
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