Director liability: directors are jointly and severally liable for unpaid GST where recovery from a wound up company fails, unless exonerated. A liquidator must notify the Commissioner of appointment within thirty days; the Commissioner shall, after inquiry, notify within three months the amount sufficient to provide for tax, interest or penalty likely payable by the company. If determined tax, interest or penalty cannot be recovered from a wound-up company, every person who was a director during the relevant period is jointly and severally liable unless he proves to the Commissioner that non-recovery was not due to gross neglect, misfeasance or breach of duty.
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Provisions expressly mentioned in the judgment/order text.
Director liability: directors are jointly and severally liable for unpaid GST where recovery from a wound up company fails, unless exonerated.
A liquidator must notify the Commissioner of appointment within thirty days; the Commissioner shall, after inquiry, notify within three months the amount sufficient to provide for tax, interest or penalty likely payable by the company. If determined tax, interest or penalty cannot be recovered from a wound-up company, every person who was a director during the relevant period is jointly and severally liable unless he proves to the Commissioner that non-recovery was not due to gross neglect, misfeasance or breach of duty.
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