Director liability for unrecovered GST: directors jointly and severally liable unless non-recovery not due to gross neglect or misfeasance. Every person who was a director of a private company is jointly and severally liable for tax, interest or penalty that cannot be recovered from the company for supplies in the relevant period, unless the director proves non-recovery cannot be attributed to gross neglect, misfeasance or breach of duty. If the private company converts into a public company and unrecoverable amounts arose while it was private and could not be recovered before conversion, that joint and several liability does not apply in respect of those amounts; personal penalties on directors remain unaffected.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Director liability for unrecovered GST: directors jointly and severally liable unless non-recovery not due to gross neglect or misfeasance.
Every person who was a director of a private company is jointly and severally liable for tax, interest or penalty that cannot be recovered from the company for supplies in the relevant period, unless the director proves non-recovery cannot be attributed to gross neglect, misfeasance or breach of duty. If the private company converts into a public company and unrecoverable amounts arose while it was private and could not be recovered before conversion, that joint and several liability does not apply in respect of those amounts; personal penalties on directors remain unaffected.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.