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Director liability for unrecovered GST: directors of private companies may be jointly liable unless gross neglect is disproved. The liquidator must notify the Commissioner of appointment within a short statutory period; the Commissioner shall, after inquiry, notify the liquidator within a subsequent statutory period of the amount considered sufficient to provide for any tax, interest or penalty then due or likely to become payable by the company. If tax cannot be recovered from a wound-up private 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 is not attributable to gross neglect, misfeasance or breach of duty.
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Provisions expressly mentioned in the judgment/order text.
Director liability for unrecovered GST: directors of private companies may be jointly liable unless gross neglect is disproved.
The liquidator must notify the Commissioner of appointment within a short statutory period; the Commissioner shall, after inquiry, notify the liquidator within a subsequent statutory period of the amount considered sufficient to provide for any tax, interest or penalty then due or likely to become payable by the company. If tax cannot be recovered from a wound-up private 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 is not attributable to gross neglect, misfeasance or breach of duty.
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