Liquidator notification duty triggers Commissioner assessment and potential director joint liability for unrecovered tax unless defense established. When a company is wound up the liquidator must notify the Commissioner promptly; the Commissioner will, after inquiry, notify the liquidator of the amount deemed sufficient to cover any tax, interest or penalty payable by the company. If a private company's assessed tax, interest or penalty cannot be recovered, persons who were directors during the taxable period are jointly and severally liable, unless they satisfy the Commissioner that non-recovery was not due to gross neglect, misfeasance or breach of duty on their part.
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.
Liquidator notification duty triggers Commissioner assessment and potential director joint liability for unrecovered tax unless defense established.
When a company is wound up the liquidator must notify the Commissioner promptly; the Commissioner will, after inquiry, notify the liquidator of the amount deemed sufficient to cover any tax, interest or penalty payable by the company. If a private company's assessed tax, interest or penalty cannot be recovered, persons who were directors during the taxable period are jointly and severally liable, unless they satisfy the Commissioner that non-recovery was not due to gross neglect, misfeasance or breach of duty on their part.
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