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    Préparer votre entreprise aux fluctuations économiques : stratégies d'affaires et considérations juridiques
    2022-10-20

    Après plus de deux années mouvementées marquées par une pandémie, des conflits géopolitiques mondiaux, un ralentissement économique majeur suivi d’une succession record de rebonds des marchés financiers publics et privés, le milieu des affaires a dû adapter sa gestion du risque, et ce, à maintes reprises à travers ces situations exceptionnelles. Dans ce contexte, les entreprises font et feront face à des défis de taille.

    Filed under:
    Canada, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Real Estate, Tax, Fasken
    Location:
    Canada
    Firm:
    Fasken
    Preparing your Business for Economic Fluctuations : Strategies and Legal Considerations
    2022-10-20

    After more than two turbulent years of a pandemic, global geopolitical conflicts, a serious economic downturn followed by a series of record rebounds in public and private financial markets, the business community has had to adapt its risk management repeatedly through these exceptional situations. In this context, companies face and will continue to face major challenges.

    Filed under:
    Canada, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Real Estate, Tax, Fasken
    Location:
    Canada
    Firm:
    Fasken
    Extension of Debt Warehousing Scheme to May 2024
    2022-10-18

    Yesterday, 17 October 2022, Revenue announced a significant update to the Debt Warehousing Scheme (DWS). Under the DWS, taxpayers with deferred liabilities had until the end of 2022 (and for certain qualifying business, 30 April 2023) to either settle their outstanding liabilities (at 0% interest) or to establish a Phased Payment Arrangement with Revenue (at 3% interest). In light of the current challenging economic environment, Revenue have now extended this deadline to 1 May 2024.

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Tax, McCann FitzGerald LLP, Insolvency
    Authors:
    Alan Heuston , David O'Dea , Caitríona Callanan , Niall McDowell
    Location:
    Ireland
    Firm:
    McCann FitzGerald LLP
    Supreme Court rejigs priority of tax dues under IBC
    2022-10-11

    Introduction

    Filed under:
    India, Insolvency & Restructuring, Litigation, Tax, Acuity Law, Insolvency, National Company Law Tribunal
    Authors:
    Renjith Nair , Altamash Qureshi
    Location:
    India
    Firm:
    Acuity Law
    Cryptoassets & Insolvency: Legal, Regulatory and Practical Considerations- September 2022
    2022-09-29

    Part I: Introduction and Background Cryptoassets & Insolvency 2 Introduction Cryptoassets have emerged from relative obscurity to become an increasingly significant and mainstream presence: in just five years the global market cap for cryptocurrencies rose from around $15bn to over $3tn at its peak in November of last year.

    Filed under:
    United Kingdom, USA, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, White Collar Crime, A&O Shearman, Cryptocurrency, Initial coin offering, Cybersecurity, Anti-money laundering, Non-fungible tokens, Internal Revenue Service (USA), US Securities and Exchange Commission, Financial Conduct Authority (UK), Consumer Financial Protection Bureau (USA), Financial Crimes Enforcement Network (USA), HM Treasury (UK), Bank of England, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK)
    Location:
    United Kingdom, USA
    Firm:
    A&O Shearman
    Bankrupt liable for charges of evading or attempting to evade tax
    2022-09-26

    The High Court has granted leave to a taxpayer to appeal a District Court decision declining to dismiss charges of evading or attempting to evade assessments of payment of tax by him or another person. The High Court rejected the taxpayer’s submissions that the fact of his bankruptcy meant that he could not be liable for the charges brought against him. The Court held that a bankrupt could be charged for evading or attempting to evade the payment of GST when that bankrupt had operated a company that had charged and received GST on taxable supplies.

    Facts

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Wolters Kluwer Asia-Pacific, GST
    Location:
    New Zealand
    Firm:
    Wolters Kluwer New Zealand
    Corporate insolvency rates cause for concern
    2022-08-25

    The corporate insolvency statistics for Q2 2022 paint a worrying picture for UK businesses. With inflation at a 40-year high, fuelled by soaring gas and electricity bills, food prices and wage increases, the cost of living crisis is taking hold across the economy.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Tax, Stevens & Bolton LLP, Value added tax, Coronavirus, Commercial tenant, Company voluntary arrangement, Insolvency, HM Revenue and Customs (UK)
    Authors:
    Matthew Padian , Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Houst Limited Restructuring Plan: High Court Sanctions SME Restructuring Plan to Cram Down HMRC
    2022-08-22

    On 22 July 2022, the English High Court sanctioned Houst Limited’s (“Houst” or the “Company”) restructuring plan (the “Restructuring Plan”), which significantly, is the first time a Restructuring Plan has been used to cram down HM Revenue & Customs (“HMRC”) as preferential creditor.1

    Background

    Filed under:
    USA, Insolvency & Restructuring, Tax, Trade & Customs, Dechert LLP, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Alastair Goldrein , Solomon J. Noh , Adam Plainer , Eirene Psomas , Kay Morley
    Location:
    USA
    Firm:
    Dechert LLP
    Post-pandemic, are HMRC’s gloves off for good?
    2022-08-17

    How has HMRC managed its metamorphosis from benevolent supporter of businesses during the pandemic to hard-nosed tax collector?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Stewarts, Coronavirus, Insolvency, HM Revenue and Customs (UK)
    Authors:
    Tim Symes , Lisa Vanderheide
    Location:
    United Kingdom
    Firm:
    Stewarts
    Accountants: amendments concerning professional practice and prevention of money laundering
    2022-08-18

    A recent law, which came into force on 21 July 2022, amends the regulation for the accounting professions with regard to their professional practice and the anti-money laundering prevention.

    The law was enacted after the Constitutional Court ruled in two judgments that various provisions of the law relating to the audit profession and the anti-money laundering law were against the constitution.

    Hereafter we discuss the impact of the new law on auditors, certified public accountants and the unregulated tax advisors.

    Filed under:
    Belgium, Insolvency & Restructuring, Tax, White Collar Crime, Andersen, Anti-money laundering
    Authors:
    Joost Van Genechten , Leo Peeters
    Location:
    Belgium
    Firm:
    Andersen

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