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Overview of behavioural penalties

Overview of behavioural penalties imposed for statements, schemes and positions for 2024–25 and 2025–26 financial years.

Last updated 28 October 2026

Penalty insights

This analysis covers behavioural penalties imposed in the 2024–25 and 2025–26 financial year, including those remitted and reduced. It provides a summary of the latest available data as well as the net changes to penalties reported for the 2024–25 financial year

This analysis doesn't cover penalties imposed for failure to lodge or failure to meet other tax obligations.

When we impose penalties

Tax and superannuation laws authorise us to impose penalties for a range of conduct where you didn't:

  • take reasonable care
  • have a reasonably arguable position.

Issuing penalties encourages taxpayers to comply with their tax obligations.

The law specifies the conditions under which we apply a penalty and the amount of the penalty. However, we have discretion to waive (remit) the penalty depending on individual circumstances. The penalty may also be reduced through a review.

What penalties we impose

The following Figure 1 and Table 1a show the:

  • number of times we applied a penalty for a period
  • value of the penalties
  • value remitted at the time the penalty was imposed
  • value remitted after the time the penalty was imposed
  • value reduced by review after the time of imposition
  • net penalty in year of imposition
  • net penalty in year after imposition
  • average net penalty.

Figure 1: Penalties imposed, remitted and changed in 2024–25 and 2025–26

The value of penalties imposed, remitted and reduced in the 2024–25 financial year and the net changes to these penalties in the 2025– 26 financial year as a percentage, as displayed in Table 1.

Table 1a: Overview of penalties in 2025–26

Measure

2025–26 financial year

Client experience: Privately owned and wealthy groups and Public and multinational business

All other client experiences (see note 1)

Number of penalties imposed in year of imposition

12,761

2,825

9,936

Penalties imposed ($m) in year of imposition

2,931.4

2,340.7

590.7

Penalties remitted at the time the penalty was imposed ($m) in year of imposition

475.2

459.6

15.6

Penalties remitted after the time the penalty was imposed ($m) (see note 2) in year of imposition

8.8

6.3

2.5

Subsequent net change – increase or (reduction) in penalty type ($m)

15.9

15.9

(0.0)

Net penalty outcome ($m) in year of imposition

2,463.4

1,890.8

572.6

Average net penalty outcome ($) in year of imposition

193,044

669,316

57,631

 

Table 1b: Changes to 2024–25 penalties

Measure

2024–25 financial year

Client experience: Privately owned and wealthy groups and Public and multinational business

All other client experiences (see note 1)

Net increase or (reduction) to net penalty outcome ($m) in year after imposition

(11.8)

(6.2)

(5.5)

Net penalty outcome ($m) in year after imposition

3,425.8

2,636.0

789.8

Average net penalty outcome ($) in year after imposition

262,632

1,074,159

74,578

Due to rounding to the nearest $0.1 million, some totals may not correspond with the sum of the separate figures. A reported value of 0.0 indicates rounding and that a small amount was recorded.

Note 1: ‘All other client experiences’ includes small businesses, individuals, self-managed super funds, not-for-profits: charities, and APRA-regulated super funds. We update the client experience of the taxpayer based on the information we hold. Clients can move between client experiences.

Note 2: The value of remissions and reductions of penalties levied may progressively increase as cases proceed through the objection and dispute resolution processes. We update this content for the prior year to reflect these changes.

We often make remission decisions when penalties are imposed before we issue notices of your tax debt.

Table 1a shows that in the 2025–26 financial year, we imposed 12,761 penalties, totalling $2,931.4 million. However, we used our discretion to remit $475.2 million, or 16.2%, when they were imposed.

We remitted $8.8 million, or 0.3%, with no change in penalty type after the time of imposition.

Due to changes in penalty types, we increased penalties by $15.9m overall after the penalty notice was issued.

In the 2025–26 year, we decreased penalties imposed in the 2024–25 by $11.8 million.

Penalty types

The most common types of penalties we imposed in the 2025–26 financial year were for:

  • recklessness
  • intentional disregard of a taxation law
  • failure to take reasonable care.

These behaviours produced a shortfall. The penalties for these behaviours made up 97% of the total penalties imposed.

Figure 2: Number of penalties imposed by penalty type in 2025–26

The numbers of penalties imposed by penalty type in the 2025–26 financial year as displayed in Table 2.Figure 3: Net value of penalties (after remissions, reductions and cancellations) by penalty type in 2025–26

 

The net value of penalties after remissions, increases, and cancellations by penalty type in the 2025–26 financial year as displayed in Table 2.Table 2: Number and net value of penalties imposed by penalty type in 2025–26

Penalty type

Number of penalties imposed

Penalties imposed ($m)

Net penalties ($m)

Recklessness (shortfall)

5,782

1,689.6

1,275.4

Intentional disregard of a taxation law (shortfall)

4,806

714.2

710.6

Failure to take reasonable care (shortfall)

1,839

44.3

32.7

False or misleading statement

159

10.1

8.4

Scheme

131

463.5

427.6

Taking a position that is not reasonably arguable

44

9.7

8.7

Tax and program types

We applied penalties to statements and positions for:

  • income tax
  • GST
  • luxury car tax (LCT)
  • PAYG withholding
  • stimulus
  • fuel tax credits (FTC)
  • fringe benefits tax (FBT)
  • multiple – activity statement
  • superannuation.

Figure 4: Value of penalties imposed, remitted and reduced by tax and program type in 2025–26

The value of penalties imposed, remitted and increased by tax and program type in the 2025–26 financial year as displayed in Table 3.

Table 3: Overview of penalties by tax and program type in 2025–26

Penalty and program type

Number

Penalties imposed ($m)

Penalties remitted at the time of imposition ($m)

Penalties remitted after the time of imposition ($m) (see note 3)

Subsequent net increase or (reduction) in penalty type ($m)

Net penalty amount ($m)

Income tax

5,355

2,496.6

468.1

8.3

15.9

2,036.1

GST

7,171

428.6

6.9

0.3

0.0

421.5

Fringe benefits tax

72

2.6

0.0

0.0

(0.0)

2.6

PAYG withholding

85

1.3

0.0

0.1

nil

1.1

Multiple: activity statement

17

1.2

0.0

0.0

nil

1.2

Stimulus

9

0.7

0.1

nil

nil

0.5

Fuel tax credits

49

0.4

nil

nil

nil

0.4

Luxury car tax

1

0.0

nil

nil

nil

0.0

Superannuation

2

0.0

nil

nil

nil

0.0

Due to rounding to the nearest $0.1 million, some totals may not correspond with the sum of the separate figures. A reported value of 0.0 indicates rounding and that a small amount was recorded.

Note 3: The value of remissions and reductions of penalties levied in the 2025–26 financial year may progressively increase in future financial years as cases proceed through the objection and dispute resolution processes.

Consistent with prior years, penalties for income tax and GST account for the vast majority of the total number of penalties. The average value of income tax penalties is much higher than GST penalties mostly due to a small number of large scheme and recklessness penalties.

Penalties are applied on a per period basis. Activity statements are typically for monthly or quarterly periods, whereas income tax applies to a financial year.

Client experience

The following graph and table show the breakdown of penalties imposed, remitted and reductions by client experience (ordered by net penalty amount).

Figure 5: Value of penalties imposed, remitted and reduced by client experience in 2025–26

The value of penalties imposed, remitted and increased by client experience in the 2025–26 financial year as displayed in Table 4.

Table 4: Overview of penalties by client experience in 2025–26

Client experience

Number

Penalties imposed ($m)

Penalties remitted at the time of imposition ($m)

Penalties remitted after the time of imposition ($m) (see note 4)

Subsequent net increase/(reduction) in penalty type ($m)

Net penalty amount ($m)

Public and multinational businesses

436

940.0

280.5

5.9

15.9

669.5

Small business

7,361

481.5

9.7

2.2

(0.0)

469.5

Privately owned and wealthy groups

2,389

1,400.7

179.0

0.3

nil

1,221.3

Individuals

2,487

44.6

5.8

0.3

nil

38.4

APRA-regulated super funds

3

43.7

nil

nil

nil

43.7

Not-for-profits: charities

32

20.0

0.0

nil

nil

20.0

Self-managed super funds

53

1.0

0.1

nil

nil

0.9

Due to rounding to the nearest $0.1 million, some totals may not correspond with the sum of the separate figures. A reported value of 0.0 indicates rounding and that a small amount was recorded.

In 2025–26, Privately owned wealthy groups and Public and multinational businesses account for the majority of the dollar value of penalties imposed. The value of penalties imposed in these client experience can vary year-to-year due to the possibility of a very small number of large value penalties.

Note 4: The value of remissions and reductions of penalties levied in the 2025–26 financial year may progressively increase in future financial years as cases proceed through the objection and dispute resolution processes.

Measuring penalties

We use primary sources of information to measure penalties, like our total revenue effects measure.

Summary data for figures and tables is available on data.gov.auExternal Link.

Primary sources of information

We calculate the value of penalties imposed and remitted based on each taxpayer's transactional record. We use broader indicators of each taxpayer's overall tax and super affairs to assign a primary client experience.

Find out more about circumstances in which we may apply penalties.

Information about the application and collection of penalties from our compliance work more broadly is provided in our annual report.

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