The U.K. government is proposing to reintroduce preferential status to certain taxes in U.K. insolvencies beginning 6 April 2020. If enacted:

  • certain taxes owed to HM Revenue & Customs (HMRC) would rank ahead of floating charges in U.K. insolvencies;
  • the legislation would be retroactive, applying to such tax liabilities incurred at any time prior to insolvency; and
  • it is likely to have a significant impact on asset-based loans (ABLs) involving U.K. obligors.

Introduction

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