Am I personally liable for unpaid super?

Short answer

In most cases, yes. A sole trader or partner is personally liable for unpaid super because there is no company between them and the debt. A company director becomes personally liable through the director penalty rules: the penalty equals the company's unpaid super guarantee charge, arises automatically, and for late-reported quarters locks down so that only payment removes it.

Two quick answers and we match you with a specialist who works on ATO debt every day.

Free, no obligation, and it takes about 30 seconds.

Who is liable, by business structure

StructureWho owes the SGCPersonal exposure
Sole traderYouTotal. It is your debt from day one.
PartnershipThe partners, jointly and severallyEach partner can be pursued for the whole amount.
CompanyThe companyEach director is liable for an equal director penalty, in parallel with the company.
Trust with a corporate trusteeThe trustee companyDirectors of the trustee company carry the director penalty.

For sole traders, unpaid super is treated like any other sole trader ATO debt, with one difference: SGC cannot be released on hardship grounds, and nominal interest inside it cannot be waived. The rest of this page is about directors, because that is where people are most often surprised.

How the director penalty works for super

The penalty exists as soon as the company's SGC goes unpaid. The director penalty notice is the ATO's way of collecting it, not the thing that creates it. Once a notice is posted to your ASIC address you have 21 days, counted from the posting date, before the ATO can sue you personally.

What you can do in those 21 days depends on timing:

New directors become liable for existing unpaid super 30 days after appointment unless the company pays or enters a formal process in that time. Directors who resign stay liable for super that fell due while they were in office.

Worried unpaid super is about to become yours?

A specialist can check the lockdown position and your options. Free and confidential.

Once matched, we email you the specialist's introduction. Reply to it and they'll be in touch. Nothing is lodged or said to the ATO on your behalf without your say-so.

Free for you, no obligation. We may receive a referral fee from the specialist we match you with - how we make money. Your details stay with us until you reply to their introduction - privacy.

What does not get you off the hook

!

LODGE, EVEN IF YOU CANNOT PAY

For any quarter up to June 2026, lodging the SGC statement by its due date is what keeps the penalty remissible. If you have late quarters, read do I need to lodge an SGC statement if I paid late and lodge them now. Late lodgement is worse than late payment.

What to do next

  1. Work out which quarters or pay days are unpaid, and for each one whether it was reported to the ATO on time.
  2. Check your ASIC address is current, because a director penalty notice is deemed served when posted there.
  3. If the company cannot pay, get advice on the lockdown position before choosing between a payment plan, restructuring or liquidation.
  4. If a notice has already arrived, count 21 days from the date on it and act inside that window.

Related questions

Is unpaid super a personal debt if the company has already been liquidated?

It can be. A lockdown director penalty survives liquidation, and the ATO can issue the notice after the liquidator is appointed. A non-lockdown penalty is remitted only if the liquidation started within 21 days of the notice or before it was issued. Any penalty that had already crystallised stays with you.

Can the ATO take my tax refund for the company's unpaid super?

Yes. Once a director penalty exists the ATO can offset your personal refunds and credits against it without issuing a notice first. It can also garnishee your wages or bank account once the 21 day period on a notice has passed.

Worried unpaid super is about to become yours?

A specialist can check the lockdown position and your options. Free and confidential.

Get help now

More questions: 8 Super guarantee charge questions questions answered · Full guide: Super guarantee charge (SGC)

General information only - not legal, tax or financial advice. Consider advice from a registered professional about your circumstances.