The High Court has further clarified the law regarding the effect of section 260-5 notices served by the Commissioner on third parties who are required to make payments to a company in liquidation.
The effect of the decision is that the Commissioner cannot issue such a notice after a company has gone into liquidation in order to give himself a priority over other creditors for payment of a tax debt. Such a notice is void.
Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Debt, Liquidation, Court costs, Corporations Act 2001 (Australia), Income Tax Assessment Act 1936 (Australia), Trustee