Missed the 31 October Tax Deadline? What Happens Now and What to Do

If you lodge your own tax return and haven't lodged for 2025–26, lodge as soon as you can. Because 31 October 2026 fell on a Saturday, the ATO treats self-lodged returns lodged by 11:59 pm (local time) on Monday 2 November 2026 as on time. After that your return is late, but it isn't a disaster: the ATO generally doesn't penalise a late return that results in a refund or nil, the penalty for individuals is capped at $1,820, and any tax you owe is due on 21 November 2026 whenever you lodge.

The short answer

• Owed a refund? Lodge now. The ATO generally won't issue a late-lodgement penalty if your return results in a refund or nil.
• Owe tax? Lodge now and pay by 21 November 2026 (Monday 23 November, as the 21st is a Saturday).
• Can't pay in full? Lodge anyway, then set up a payment plan.
• Hoping for a tax agent's extension? You needed to be on their client list by 31 October 2026. If you weren't, an agent can still lodge for you, but your due date hasn't moved.
• Earlier years outstanding too? Deal with them now, oldest first. See late tax returns.

What happens now if you lodge late

The failure-to-lodge penalty

The ATO can apply a failure-to-lodge (FTL) penalty to a return lodged after its due date. For individuals it is one penalty unit for each 28 days, or part of 28 days, that the return is overdue, up to a maximum of five penalty units. A penalty unit is $364 from 1 July 2026, so for a 2025–26 return:

• Up to 28 days late: $364
• Up to 56 days late: $728
• Up to 84 days late: $1,092
• Up to 112 days late: $1,456
• More than 112 days late: $1,820 (the cap)

The penalty is on top of any tax you owe, and it isn't tax-deductible. See our guide to late tax return penalties.

If you're owed a refund or have nothing to pay

The ATO says it will generally not issue an FTL penalty notice for a late tax return that results in a refund or a nil result. That is an ATO practice rather than a guarantee: it doesn't help if a penalty was already applied before you lodged, and people who keep ignoring reminders put themselves in a much weaker position.

Interest on unpaid tax

If you don't pay by the due date, the ATO charges the general interest charge (GIC) on the unpaid amount. GIC is calculated daily, compounds, and is 11.51% a year for October to December 2026 (the rate is reset each quarter). GIC incurred from 1 July 2025 is no longer tax-deductible. See is interest charged by the ATO deductible?.

When you have to pay

For self-lodgers, tax on a 2025–26 return is due on 21 November 2026, and lodging late doesn't push that date back. As 21 November is a Saturday, payment on Monday 23 November is on time. Lodging and paying are separate: if you can't pay, lodge anyway, because a lodged return with a payment plan costs far less than an unlodged one.

Can a tax agent still get you more time?

Registered tax agents have a lodgement program that gives their clients later due dates. To be covered for 2025–26, you had to be on a registered tax agent's client list by 31 October 2026. The ATO made clear that, although 31 October fell on a weekend, this cut-off did not move to the next business day. Any prior-year returns outstanding at 30 June 2026 also had to be lodged by 31 October, or the 2025–26 return stayed due on 31 October.

For clients who qualified, the usual 2025–26 due dates are:

• 31 March 2027 if your latest lodged return showed tax payable of $20,000 or more.
• 15 May 2027 for most other individuals, including people lodging for the first time.
• 5 June 2027 (a concession, not a due date): if your return is due on 15 May, the ATO won't apply an FTL penalty as long as you lodge and pay by 5 June.

If you weren't on an agent's list by 31 October, those dates don't apply to your 2025–26 return: it was due on 31 October (2 November for self-lodged returns), and lodging after that is late whoever lodges it. A registered tax agent can still prepare and lodge it, talk to the ATO about any penalty, and add you to their list so your 2026–27 return is covered by their program.

What to do now, step by step

1. Check whether you need to lodge. If your income was below the tax-free threshold and no tax was withheld, you may only need to send a non-lodgement advice.
2. Gather your information. In myGov, go to ATO online services and check that your income statements are marked "tax ready". myTax pre-fills much of the rest, such as bank interest and private health insurance details. Add deduction receipts and any income the ATO may not know about, such as rent or side work.
3. Lodge as soon as possible, through myTax or a registered tax agent. Each 28 days adds to the penalty, so a prompt lodgement beats a perfect one weeks later. You can amend a mistake afterwards.
4. Pay, or set up a payment plan. If you owe $200,000 or less, you can generally set one up yourself in ATO online services (Tax, then Payments, then Payment plans). GIC still applies while you pay it off.
5. Contact the ATO early if you're in financial difficulty, before the debt grows.
6. Ask for remission if a penalty arrives and you had a genuine reason for lodging late.

Asking the ATO to cancel a penalty

The ATO can remit all, part or none of an FTL penalty or interest. Lodge your outstanding returns first, then ask by phone or by mail. Explain what happened, how it stopped you lodging on time, and whether it was outside your control.

Requests that tend to succeed involve things like not getting the information you needed from an employer, a natural disaster, or serious illness (yours, or someone you were caring for). The ATO says it is likely to decline requests based on a holiday, being busy at work, a minor illness or not getting a reminder. Requests over $2,500 go to a specialist team, so you won't get an answer straight away.

Haven't lodged for earlier years either?

If 2025–26 isn't the only year missing, get every outstanding return in. After reminder letters, the ATO can issue a default assessment, estimating your income from what it already knows (employer reports, bank interest, earlier returns). A default assessment can carry a penalty of 75% of the tax involved, on top of any FTL penalties, and is often less accurate than a return you lodge yourself.

Lodging before the ATO chases you puts you in a better position to ask for penalties to be reduced. Our guides to how to lodge old tax returns and what happens if you don't lodge cover the process, and our late tax returns service can lodge several years at once.

Common myths

• "I'm owed a refund, so there's no rush." No penalty is a practice, not a promise, and your refund isn't paid until you lodge. If you owe other debts, the ATO must use your refund to pay tax debts first, and can pass it to Services Australia for debts such as child support.
• "I can't pay, so I shouldn't lodge." Not lodging doesn't change the payment date. It just adds penalties.
• "The ATO will forget about it." Employers, banks and other third parties report to the ATO, so unlodged years tend to resurface as reminder letters and, eventually, a default assessment.

Missed the deadline, or worried about older years? Our registered tax agents can work out what you owe, lodge your returns and deal with the ATO for you. Book an appointment or see our late tax returns service.