Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Cash flow gets tight, admin piles up, and sometimes a Business Activity Statement (BAS) deadline sneaks past. If you’ve made a late BAS payment, you’re not alone - and the good news is there’s a clear path to get back on track without losing momentum in your business.
In this guide, we’ll walk through what a BAS is, what actually happens when your payment or lodgement is late, and practical steps to fix it quickly. We’ll also share straightforward ways to prevent future surprises so you can keep your focus on running and growing your business.
This article is written for Australian small business owners. We’ll keep the legal terms simple and the steps actionable so you can resolve a late BAS with confidence.
What Is A BAS And When Is It Due?
A Business Activity Statement (BAS) is how most Australian businesses report and pay several tax obligations to the ATO - commonly Goods and Services Tax (GST), Pay As You Go (PAYG) withholding for employees, and PAYG instalments. If you’re registered for GST or have PAYG obligations, you’ll generally be required to lodge BAS on a monthly or quarterly cycle.
Quarterly BAS due dates typically fall after the end of each quarter. If you use a registered tax or BAS agent, or lodge online, you may get extra time. Always check the due date on your BAS notice or in Online Services to avoid assumptions. Remember that due dates are based on business days - if a deadline falls on a weekend or public holiday, the next business day usually applies.
Not sure if you should be lodging BAS at all? It depends on whether what you’re doing counts as a business activity in Australia and whether you’ve registered for an ABN and GST. Many businesses must register for GST once their turnover meets the threshold, and that triggers regular BAS lodgements.
What Happens If Your BAS Payment Is Late?
If you miss a BAS deadline, there are two separate issues: lodging the BAS form late and paying what you owe late. The ATO treats these differently.
Failure To Lodge (FTL) Penalty
The ATO can apply a Failure To Lodge (FTL) penalty when your BAS is lodged after its due date. The penalty is calculated in “penalty units,” increases with the size of your business, and grows the longer the lodgement is outstanding.
The ATO can remit (reduce or cancel) the penalty in some circumstances - for example, if you have a good compliance history or there were events outside your control. It’s always worth asking if you have a reasonable explanation and you’ve acted promptly to fix things.
General Interest Charge (GIC) On Late Payments
Separate to FTL, the ATO charges a General Interest Charge (GIC) on unpaid amounts. GIC accrues daily until the debt is cleared. Even if you can’t pay straight away, it’s smart to lodge the BAS as soon as possible so at least the FTL stops increasing.
Director Penalty Risks (Companies)
If you operate through a company, unpaid PAYG withholding or superannuation (reported elsewhere) can lead to director penalty notices (DPNs). While GST debts now also sit closer to the ATO’s priority list, the main message is this: don’t ignore overdue amounts - engage early to avoid escalation.
Missed A BAS Deadline? Step-By-Step To Get Back On Track
Here’s a practical plan you can follow today.
1) Lodge The BAS Immediately - Even If You Can’t Pay Yet
Lodge first. This stops further FTL from accruing and gives the ATO clarity about your position. You can lodge through Online Services, your accounting software, or via your registered agent.
If your BAS includes GST on imported goods (for example, if you’ve been bringing in stock), make sure you’ve reported these correctly - there are special rules around GST on importation that can affect your BAS figures.
2) Set Up A Payment Plan
If you can’t pay in full, propose a realistic payment plan via the ATO’s online system or by phone. Be conservative - it’s better to commit to a schedule you can stick to than to default on an aggressive plan. The ATO may still apply GIC, but sticking to a plan avoids firmer recovery action.
3) Request Remission (Where Appropriate)
If you’ve been hit with FTL penalties or significant interest, you can request remission. Explain the circumstances (e.g. illness, software failure, natural disaster, or other events outside your control) and show the steps you’ve taken to prevent a repeat. A good compliance history helps.
4) Correct Errors With A Voluntary Disclosure
If you discover an error in a lodged BAS (for example, you claimed too much input tax credit or under-reported sales), fix it promptly. The ATO generally treats voluntary corrections more favourably than if they discover the issue first. Many small errors can be corrected in your next BAS; larger mistakes might require an amended lodgement.
5) Get Support From Your Bookkeeper, Accountant Or Lawyer
If you’ve fallen behind across multiple periods or the debt is large, get advice. Professional help can structure a workable plan, correct errors, and help you present a strong remission request so you can move forward.
How To Prevent Late BAS Payments In The Future
One late BAS can happen to any business. The goal is to put simple systems in place so it doesn’t become a pattern.
Implement A BAS Calendar And Reminders
Set calendar alerts for lodgement and payment dates as soon as each period starts. If a due date lands near a public holiday, plan to lodge earlier to avoid last-minute surprises about business days.
Tidy Your Invoicing And Collections
Cash flow is the #1 reason businesses miss BAS payments. Tighten up how and when you get paid by customers. Clear, written invoice payment terms set expectations and give you leverage if payments drift.
Some businesses also choose to include compliant late payment fees to encourage timely payment. If you accept automated payments, make sure any direct debit setup meets the rules and is clearly disclosed in your terms.
Review Your Registrations And Reporting Cycle
Confirm you’re registered correctly and only reporting what you need to. Understanding your ABN and GST setup (including the pros and cons of having an ABN) can keep your obligations clear - this quick overview of the advantages and disadvantages of an ABN is a helpful refresher.
If monthly reporting is causing admin strain, ask your adviser whether you’re eligible for quarterly reporting instead (or vice versa if it helps cash flow discipline). Keep in mind that changing cycles has criteria and timing.
Separate And Save For BAS
Move a percentage of every sale into a separate tax savings account each week. Many owners set aside the GST collected and an estimate for PAYG to avoid a scramble at quarter-end.
Use Cloud Accounting And Reconcile Weekly
Link your bank feeds, reconcile transactions weekly, and keep receipts organised. Up-to-date data lets you forecast your BAS amount before it’s due - no more guesswork.
Build A Simple Compliance Checklist
- Reconcile bank accounts weekly.
- Review accounts receivable and follow up overdue invoices every Friday.
- Check draft BAS mid-period to spot trends.
- Confirm due dates and schedule lodgement at least five days early.
- Keep written policies for who approves, lodges and pays the BAS.
If you sell online, collecting any customer data should be covered by a clear, tailored Privacy Policy - while not directly about BAS, strong governance across your documents usually goes hand-in-hand with good tax compliance habits.
Common Questions From Small Business Owners
“Should I lodge if I can’t pay?”
Yes. Lodge on time (or as soon as you can if you’re already late), then negotiate a payment plan. This stops FTL penalties from getting worse and shows proactive engagement with the ATO.
“How big are the penalties?”
It depends on how late you are and the size of your business. The ATO calculates FTL penalties using penalty units that scale over time and by entity size. GIC interest compounds daily. If you have a good reason and a strong history, ask for remission.
“Can the ATO remove penalties?”
They can remit penalties based on your circumstances. Provide specific reasons, evidence where possible, and highlight the steps you’ve taken to prevent it happening again. Acting promptly helps.
“What if I made a mistake on a previous BAS?”
Fix it with a voluntary disclosure or an amendment. Small errors can often be corrected in the next BAS. Larger errors may need a formal amendment - your adviser can confirm the best approach and timing.
“I import goods - does that affect my BAS?”
Yes. GST on imported goods has specific rules that affect your BAS reporting. Make sure you understand how GST on importation works so your BAS figures are accurate.
“Is missing one BAS a big deal?”
It happens. What matters is acting quickly - lodge, set a payment plan, and adjust your systems so you don’t repeat it. A strong compliance history puts you in a better position if you need remission.
Key Takeaways
- Late BAS has two parts: a lodgement penalty (FTL) and interest (GIC) on unpaid amounts - lodge first to stop FTL growing, then tackle payment.
- The fastest recovery plan is simple: lodge immediately, set a realistic payment plan, request remission where appropriate, and correct any errors via voluntary disclosure.
- Cash flow drives BAS readiness - tighten payment terms, consider compliant late fees, and reconcile weekly so you can forecast your BAS early.
- Understand your obligations: your ABN/GST setup, reporting cycle, and special situations like GST on importation all affect your BAS accuracy and due dates based on business days.
- Strong processes beat last‑minute scrambles: a BAS calendar, savings buffer, and simple compliance checklist will prevent repeat issues.
- If you’re unsure or behind across multiple periods, getting professional support early can reduce penalties and stress and help you reset your compliance rhythm.
If you’d like a consultation on handling a late BAS payment and putting robust terms and policies in place, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








