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    公司提前解散关键法律问题解答
    2020-06-10

    面对疫情所造成的严重冗员和经营危机,部分公司可能最终不得不选择提前关闭。针对提 前解散牵涉的两个重要方面,即员工遣散以及后续清算,我们在本文中从劳动法和公

    Filed under:
    China, Employment & Labor, Insolvency & Restructuring, Tax, Jingtian & Gongcheng, Coronavirus
    Location:
    China
    Firm:
    Jingtian & Gongcheng
    Three new measures to strengthen the liquidity and solvency of businesses in Belgium
    2020-06-10

    To tackle the Covid-19 pandemic crisis, three new measures to strengthen the liquidity and solvency of businesses in Belgium were submitted to the federal parliament in a draft bill on 5 June 2020.

    1° Anticipated tax deduction of losses (individual income tax and non-resident individual income tax)

    What is it about?

    The taxable result generated in income year 2019 (tax assessment year 2020) can be exempt from tax up to the (estimated) professional losses to be suffered in income year 2020 (tax assessment year 2021).

    Filed under:
    Belgium, Insolvency & Restructuring, Tax, CMS Belgium, Coronavirus
    Authors:
    Olivier Querinjean , Arnout Vaninbroukx , Yi Lei Zheng
    Location:
    Belgium
    Firm:
    CMS Belgium
    CEE legislation tracker: Czech Republic
    2020-06-08

    Status as of 16/09       

    Table of Content

    Filed under:
    Czech Republic, Banking, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, IT & Data Protection, Public, Real Estate, Tax, Telecoms, Schoenherr, Landlord, Coronavirus, European Commission
    Authors:
    Libuše Dočekalová , Stanislav Bednář
    Location:
    Czech Republic
    Firm:
    Schoenherr
    Directors’ Duties - England & Wales Considerations for Directors When a Company Is in Financial Difficulty
    2020-06-05

    This quick guide summarises the duties that directors of companies incorporated in England and Wales are subject to, and how those duties change when the company is insolvent or at risk of being insolvent. It also provides an overview of the personal risk to directors when the company is in financial difficulty.

    This note is intended as an overview and should not be relied on as legal advice. Should you require legal advice in relation to your specific circumstances, please contact the Restructuring & Insolvency team members whose contact details are at the end of this note.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Tax, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK), European Securities and Markets Authority
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Debt forgiveness in a COVID-19 environment
    2020-06-04

    The COVID-19 restrictions are slowly easing but the economic impacts are far from over. While businesses struggle to find ways to free up cash, it is likely we will see restructuring of loans and waiving of debts.

    Taxpayers and their advisors need to be aware of the taxation implications of restructuring and forgiving loans, including the Commercial Debt Forgiveness (CDF) rules, Division 7A and the CGT rules.

    Key takeaway

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Tax, Hall & Wilcox, Coronavirus
    Authors:
    Anthony Bradica , Frank Hinoporos , Peter Murray , Andrew O'Bryan , Michael Parker , Jim Koutsokostas , Adam Dimac , Joshua Haddad , Rachel Law
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Bad debts deductions - what you need to know
    2020-06-04

    COVID-19 has had a debilitating effect on many sectors of the economy and unfortunately, the coming 12 months will see more businesses in financial distress and an uptick in business insolvency.

    In such an environment, the commercial reality is that many businesses will be owed debts that will not be paid in full or at all. For many businesses, this could spell disaster. For this reason, debtor management is crucial in the present environment.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Tax, Hall & Wilcox, Coronavirus
    Authors:
    Anthony Bradica , Frank Hinoporos , Peter Murray , Andrew O'Bryan , Michael Parker , Jim Koutsokostas , Adam Dimac , Joshua Haddad , Rachel Law
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Directors beware - companies can pierce the corporate veil
    2020-06-04

    As we know, the Federal Government has implemented a package of changes to Australian insolvency and bankruptcy laws to provide relief from the economic impacts of COVID-19.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Tax, Hall & Wilcox, Coronavirus
    Authors:
    Anthony Bradica , Frank Hinoporos , Peter Murray , Andrew O'Bryan , Michael Parker , Jim Koutsokostas , Adam Dimac , Joshua Haddad , Rachel Law
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Insolvency in the English Football League: impact on players and staff
    2020-06-02

    In relation to the EFL, there have been dire warnings that in the absence of a substantially increased contribution from the Premier League, up to 60 clubs could go out of business. 1 But if a club does enter administration, or still worse liquidation, what claims are available to the players and other employees? The Football Creditor Rule (the “FCR”) The EFL has its own specific rules in place which provide some added protection for players and staff and least in relation to arrears of pay.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Littleton Chambers, Coronavirus, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Littleton Chambers
    COVID-19 Special Newsletter - Spain | June 1 to June 14
    2020-06-01

    Preparation of financial statements and corporate income tax, recommencement of time periods, remote trials, gradual return to workplaces, insolvency proceedings and compliance with criminal law

    Filed under:
    Spain, Arbitration & ADR, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Garrigues, Force majeure, Coronavirus
    Authors:
    Mónica Martín de Vidales , Álvaro López-Jorrín , Eduardo Abad Valdenebro , Carlos de los Santos , Rosa Zarza Jimeno , Adrian Thery , Alfredo Fernández Rancaño
    Location:
    Spain
    Firm:
    Garrigues
    Tenth Circuit Applies State Law to Resolve Debtor’s Claimed Ownership of Tax Refund
    2020-05-29

    The bankruptcy trustee of a bank holding company was not entitled to a consolidated corporate tax refund when a bank subsidiary had incurred losses generating the refund, held the U.S. Court of Appeals for the Tenth Circuit on May 26, 2020. Rodriguez v. FDIC (In re United Western Bancorp, Inc.), 2020 WL 2702425(10th Cir May 26, 2020). On remand from the U.S. Supreme Court, the Tenth Circuit, as directed, applied “Colorado law to resolve” the question of “who owns the federal tax refund.” Id., at *2.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Schulte Roth & Zabel LLP, Internal Revenue Service (USA)
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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