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What Counts as a "Reasonable Excuse" for a Late Tax Return?

Reviewed by Patrick Sargent CA, Registered Tax Agent 25758613Published 2 March 2026 · Last reviewed 26 March 20262 min read

ATO late lodgement penalty: up to $364 per 28 days, capped at $1,820 per document · interest 11.43% p.a. compounding daily · See how to remit them →

A reasonable excuse for a late tax return is a circumstance genuinely beyond your control - serious illness, natural disaster, family crisis, or events like fraud or system failures - that directly prevented you from lodging on time. Where the ATO accepts a reasonable excuse, Failure to Lodge penalties can be remitted entirely, though any tax owed remains payable.

Excuses that succeed

  • Serious illness or injury - yours, or a dependant you were caring for, around the lodgement period
  • Mental health conditions - increasingly recognised, particularly with treating-practitioner support
  • Natural disasters - floods, fires and cyclones affecting your records, home or business
  • Family breakdown, domestic violence or bereavement
  • Circumstances outside your control - records destroyed, identity fraud, serious agent failure (safe harbour may apply)

The common thread: the event explains the specific period of non-lodgement, and you acted within a reasonable time once it passed.

Excuses that fail

Being busy, finding tax confusing, not having the money to pay (lodging and paying are separate obligations), forgetting, or relying on a partner who "usually handles it." These aren't fatal to remission - they just need to be reframed around the genuine underlying circumstances, which usually exist when someone falls years behind.

How to actually use a reasonable excuse

It isn't a box you tick at lodgement; it's an argued application supported by evidence, submitted after the overdue returns are lodged. The framing matters: a chronology connecting events to lodgement periods, with documents attached, is what decision-makers act on. This is precisely the work TaxNudge does in every penalty engagement.

Frequently asked questions

Does a reasonable excuse cancel my tax debt?
No - it removes or reduces penalties. The underlying tax remains, though payment plans and interest remission can address it.
Is depression or anxiety a reasonable excuse?
It can be, particularly with supporting evidence from a treating professional covering the relevant period.
Do I need a lawyer?
No - a registered tax agent handles remission applications, and that's the standard pathway.

General information only - not personal tax, financial or legal advice. Consider your own circumstances or speak to a registered tax agent. Remission of penalties or interest and payment plans are decisions of the ATO and outcomes can't be guaranteed.

Years behind? It ends this week.

If life got in the way of your lodgements, you may owe far less in penalties than you fear. Tell us your story - free, confidential review with TaxNudge.

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