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    Waiver of debt in a reorganization agreement is now taxed
    2024-02-01

    Recently, insolvency law was fundamentally amended in terms of reorganization procedures. The tax legislation was subsequently adapted to these new procedures, at the same time changing the content of some important tax rules.

    The most important change is that a waiver of debt within the framework of a reorganization agreement becomes less interesting from a tax point of view. You will find out exactly how this works in this article.

    Filed under:
    Belgium, Insolvency & Restructuring, Tax, Andersen
    Authors:
    Joost Van Genechten , Pieterjan Smeyers
    Location:
    Belgium
    Firm:
    Andersen
    Directors' duties: Are you aware of the "creditor duty"?
    2024-01-23

    We have recently published a few blogs on the hot topic of company insolvencies, including more specifically about:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Brodies LLP, HM Revenue and Customs (UK), Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Lucy McCann , Nicky-Ray Watson
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    What Can We Expect in 2024 in UK Restructuring?
    2024-01-18

    There are a few things that we can be almost certain of in 2024, and others are things to add to the watchlist, but with a potential change in government on the cards, there are likely to be a few curveballs thrown into the mix that none of us can predict.

    Development of Restructuring Plans (RPs)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Squire Patton Boggs, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Hunt v Singh: guidance on director's duties to creditors following Sequana
    2024-01-19

    The English High Court decision of Hunt v Singh [2023] EWHC 1784 (Ch) has provided the most substantive authority on directors' duties to creditors since the decision of the Supreme Court in BTI 2014 LLC v Sequana SA and others [2022] UKSC 25 (“Sequana”). The case specifically considered the point at which a director’s duty to take into account the interests of creditors arises.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Brodies LLP, HM Revenue and Customs (UK), UK Supreme Court
    Authors:
    Nicky-Ray Watson
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Africa Business in Brief - Issue 529
    2024-01-21

    AfDB to support HealthTech Hub Africa’s blueprint to fast-track health technology innovations across Africa

    Filed under:
    Global, South Africa, Aviation, Energy & Natural Resources, Insolvency & Restructuring, IT & Data Protection, Tax, ENS
    Location:
    Global, South Africa
    Firm:
    ENS
    Capital gains tax chargeable on unlisted shares
    2024-01-15

    Pursuant to recent amendments to the Income Tax Act 1967 (“ITA”), gains or profits from the disposal of a ‘capital asset’ on or after 1 January 2024 will be subject to capital gains tax (“CGT”).

    ‘Capital asset’ is defined to mean movable or immovable property, and includes any rights or interests thereof and includes amongst others, stock and shares, loan stock and debentures.

    Filed under:
    Asia-Pacific, Malaysia, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Tax, Hsian & Co., Regulatory compliance, Capital gains tax
    Authors:
    Hsian Siong Yong
    Location:
    Asia-Pacific, Malaysia
    Firm:
    Hsian & Co.
    What Can We Expect in 2024 in UK Restructuring?
    2024-01-15

    There are a few things that we can be almost certain of in 2024, and others are things to add to the watchlist, but with a potential change in government on the cards, there are likely to be a few curveballs thrown into the mix that none of us can predict.

    Increasing Insolvencies

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Squire Patton Boggs
    Authors:
    Rachael Markham , Jennifer Jones
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    The 2023 Restructuring Market Wrap-Up
    2024-01-11

    As 2024 gets underway, 2023 will be remembered as the year that King Charles III’s coronation captured our attention with its many (and occasionally bizarre) storied traditions and customs and, of course, for the passing of the Irish singer and poet Shane MacGowan.1 Turmoil in the European banking sector early in the year set the tone for a challenging year, while across the Atlantic, a number of regional US banks had their

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Cadwalader Wickersham & Taft LLP, HM Revenue and Customs (UK), Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Simon Walsh , Gregory M. Petrick , William Sugden , Bevis Metcalfe
    Location:
    United Kingdom
    Firm:
    Cadwalader Wickersham & Taft LLP
    Fair's fair: the concept of fairness in Part 26A Restructuring Plans
    2024-01-11

    SUMMARY

    Filed under:
    United Kingdom, Compliance Management, Insolvency & Restructuring, Litigation, Tax, BCLP, Corporate governance, Insolvency, HM Revenue and Customs (UK), Insolvency Service (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Marc Trottier , Philip de Vries
    Location:
    United Kingdom
    Firm:
    BCLP
    2024 이슈와 전망
    2024-01-11

    Executive Summary Executive Summry ○ 4월 총선에서 여당이 승리할 경우 상속/승계 세 부담 완화와 기업활동 지원을 위한 규제 완화에 속도가 붙을 것으로 전망됩니다. 반면 야당이 승리할 경우, 노동, 환경, 조세 분야 규제 강화를 위한 입법이 예상됩니다. 금융사고, 불완전 판매, 초과이익 등 금융회사 규제 강화는 여야 공통기조인 만큼 총선 이후에도 지속 추진될 전망입니다. ○ 11월 미국 대선에서 바이든-트럼프 간 재대결이 유력한 가운데 트럼프 당선 시 ▲대중 강 경노선 및 보호무역주의 회귀 ▲화석연료 중심의 에너지 정책 전환 ▲反이민정책 기조 등 미국의 통상·외교정책에 대대적인 변화가 예상됩니다. ○ 국내 전기차·배터리·반도체·신재생에너지 기업들의 대미(對美)·대중(對中)투자, 합작법인 설 립, 외국정부·기업과의 통상분쟁 이슈가 증가할 가능성이 있습니다. ○ 금융부문의 사회적 책임 이행에 대해 국회와 정부도 공감대를 가지고 있어, 은행 수익의 사회 환원을 위해 횡재세뿐만 아니라 상생금융 조성, 취약층 이자감면 등 다양한 방안이 마련될 것으로 예상됩니다.

    Filed under:
    South Korea, USA, Banking, Corporate Finance/M&A, Energy & Natural Resources, Insolvency & Restructuring, Tax, Trade & Customs, Yulchon LLC
    Location:
    South Korea, USA
    Firm:
    Yulchon LLC

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