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Director ID – A criminal offence if you do not apply in time Warren Strybosch
The Australian Securities and Investments Commission (ASIC) is responsible for enforcing director ID offences set out in the Corporations Act 2001. It is a criminal offence if directors do not apply on time. The ATO will start contacting new directors to encourage them to apply for their director identification number (director ID). Directors who were appointed under the Corporations Act: • • •
before 1 November 2021, must apply by 30 November 2022. between 1 November 2021 and 4 April 2022, must apply within 28 days of being appointed. from 5 April 2022, must apply before being appointed.
Tax agents and accountants cannot apply for a client’s director ID on their behalf. A director must apply for a director ID themselves. The tax agent, bookkeeper or accountant can help their clients to apply for a director ID online by:
• • •
telling them when they need to apply helping them set up their myGovID to a standard or strong identity strength helping them with the documents they need to prove their identity when they apply online.
You can find more information about who needs to apply for a director ID at abrs.gov.au/deadlines. Applying for a director ID online Directors must set up their myGovID with a standard or strong identity strength before they apply for a director ID. You will need at least two of the following Australian identity documents to prove their identity: • • • • • • •
Drivers licence or learner’s permit Passport Birth certificate Visa (using their foreign passport) Citizenship certificate ImmiCard Medicare card
Directors will need additional information that the Australian Taxation Office (ATO) knows about them when they apply for their director ID online. Directors will need additional information that the Australian Taxation Office (ATO) knows about them when they apply for their director ID online. They’ll need their tax file number (not essential, but recommended), residential address as held by the ATO, and information from two documents to prove their identity. Your clients can use any two of these documents: • Bank account details held by the ATO • ATO notice of assessment • Super account details • Dividend statement • Centrelink payment summary • PAYG payment summary You can find more information about which documents can be used to prove your identity at abrs.gov.au/verify
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