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    Delay tactics unsuccessful in staving off liquidation
    2011-10-04

    InThe Commissioner of Inland Revenue v Blackmore Trust Ltd, Blackmore tried to stave off liquidation for the sum of $1.4 million owed to the IRD.  After six or seven adjournments, Blackmore finally put evidence before the Court (albeit through its lawyer, rather than by affidavit) claiming that its liabilities totalled $15.6 million, and its sole asset, the James Smith building in the Wellington CBD, was valued at $21.5 million as a going concern, or $11 million - $13 million in a "fire sale".

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Buddle Findlay, Liability (financial accounting), Liquidation, Liquidator (law), Prejudice, Companies Act
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Personal liability of receivers
    2010-12-17

    In Stiassny v Commissioner of Inland Revenue the court considered whether the receivers of 2 companies trading together in partnership were personally liable for GST on the sale of partnership assets, and whether a claim could be made against the Commissioner of Inland Revenue for money had and received.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Tax, Buddle Findlay, Goods and Services Tax (New Zealand)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Guide to Doing Business in Vietnam
    2019-08-07

    The Law on Enterprise and Law on Investment that took effect in 2015 introduced refreshing changes to Vietnam’s investment and business landscape. Designed to stimulate and better facilitate foreign investments in the country, the two new laws have since given rise to several implementing regulations that expound on important subjects such as foreign ownership up to 100% in listed companies, private public partnerships, trade, and representative offices.

    Filed under:
    Vietnam, Capital Markets, Company & Commercial, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Litigation, Patents, Projects & Procurement, Real Estate, Tax, Trade & Customs, Trademarks, Mayer Brown, WTO
    Location:
    Vietnam
    Firm:
    Mayer Brown
    Reintroduction of HMRC as a preferential creditor
    2019-06-18

    Introduction The UK Government has announced that it will be introducing legislation under which the UK tax authorities1 will move up the creditor hierarchy in English insolvency proceedings2 in respect of certain taxes paid by

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Tax, Mayer Brown, HM Revenue and Customs (UK)
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    BFH verwirft Sanierungserlass des BMF - Veränderungen bei der Besteuerung von Sanierungsgewinnen
    2017-02-14

    Mit seinem Beschluss vom 28. November 2016 (veröffentlicht am 8. Februar 2017) hat der Große Senat des Bundesfinanzhofs („BFH“) den sogenannten „Sanierungserlass“ (BStBl. I 2003, 240; ergänzt durch BStBl. I 2010, 18) des Bundesfinanzministeriums („BMF“) verworfen. Dieser hatte bislang eine Steuerbefreiung von Sanierungsgewinnen über den Weg eines Billigkeitserlasses der Steuerzahlung nach §§ 163, 227 Abgabenordnung („AO“) ermöglicht.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Mayer Brown, Federal Ministry of Finance (Germany)
    Authors:
    Dr. Marco Wilhelm
    Location:
    Germany
    Firm:
    Mayer Brown
    Guide to Doing Business in Brazil
    2016-11-24

    The Federative Republic of Brazil is the largest country in South America and the world’s fifth largest country, both by land mass (almost 8.6 million square kilometers) and population (more than 200 million people). It is the only lusophone (Portuguese-speaking) country in otherwise Spanish-speaking Latin America and the largest lusophone country in the world. Brazil is a member of the G20, and one of the BRICS countries, along with Russia, India, China and South Africa. The country’s Constitution serves as the foundation of the Brazilian legal framework and sets forth fundamental rights.

    Filed under:
    Brazil, Arbitration & ADR, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Intellectual Property, Real Estate, Tax, White Collar Crime, Mayer Brown
    Location:
    Brazil
    What is in a name? Provisional liquidators, liquidators & ad valorem fees
    2015-03-10

    We have previously reported that the Official Receiver retains its entitlement to ad valorem fees on the conversion of a compulsory liquidation  to a creditors’ voluntary winding-up (CVL).

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Tax, Mayer Brown
    Authors:
    Richard M. Tollan , Justine T. K. Lau
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Provisional liquidations & the taxation of fees
    2012-06-29

    DID YOU KNOW...that interim fees incurred by provisional liquidators (including agents’ fees), previously thought to have been payable from the funds of an insolvent estate without formal taxation, are now required to be taxed.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Tax, Mayer Brown, Lehman Brothers
    Authors:
    Richard M. Tollan , Justine T. K. Lau , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Restructuring privilege for the use of tax loss carry forwards for corporations incompatible with EU law
    2011-02-02

    The EU Decision

    The EU Commission has held on January 26, 2011 that the so called restructuring privilege offered by German corporate tax law, which allows corporations in a distressed financial situation to continue to set off tax loss carry forwards against future profits even if their shareholder structure has substantially changed, is incompatible with EU State Aid provisions.

    The recipients, which have applied the restructuring privilege, are now threatened with the reclaim of the tax benefits.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Trade & Customs, Mayer Brown, Share (finance), Wage, Shareholder, Market liquidity, Debt, Subsidy, State aid, Pro rata, European Commission, Federal Ministry of Finance (Germany), Court of Justice of the European Union
    Authors:
    Dr. Marco Wilhelm
    Location:
    Germany
    Firm:
    Mayer Brown
    Covid-19 update on Government measures
    2020-12-15

    Timeline for Government’s extended measures 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Mayer Brown, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Fatema Begum
    Location:
    United Kingdom
    Firm:
    Mayer Brown

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