Taxation In Corporate Insolvency And Rescue

A unique guide to the taxation of companies in liquidation, receivership or administration, and those making voluntary arrangements. This book examines the tax position of the insolvent company, its creditors and shareholders, and the Crown. Packed full of invaluable tax planning suggestions, the new sixth edition covers all relevant changes up to and including Finance Act 2006.

"A unique guide to the taxation of companies in liquidation, receivership or administration, and those making voluntary arrangements. This book examines the tax position of the insolvent company, its creditors and shareholders, and the Crown. Packed full of invaluable tax planning suggestions, the fifth edition contains coverage of the Enterprise Act 2002 and all relevant changes up to and including Finance Act 2003. New edition due 2007."

This title provides comprehensive and detailed information on the UK tax implications when a company becomes insolvent and has to be rescued or enters into a formal insolvency process. It covers the tax aspects of companies in liquidation, administration, different forms of receivership, and those making voluntary arrangements, and the tax consequences for their creditors, shareholders, landlords, and guarantors. It also covers the implications for a company and its creditors of restructuring debt, hive-downs, and 'pre-packs.' The basics of insolvency law for tax practitioners are explained, and the tax position is covered in detail. The seventh edition sets out the different UK insolvency procedures and options for restructuring indebted companies, and then describes the tax complications which can arise in respect of direct taxes and VAT. It also looks at the UK tax implications from an international perspective. Included are the long-awaited insolvency rules which came into effect in April 2017. These replace the Insolvency Rules 1986 and their 28 subsequent amendments. The rules have been recast to reflect modern business practice and to make the insolvency process more efficient. Taxation in Corporate Insolvency and Rescue is fully updated to reflect the latest Finance Act, the new Insolvency Rules and relevant case law, as well as the following: case law on challenges to values of creditors' debts; changes introduced by Insolvency (Amendment) Rules 2010 (within IR 2016); case law on social clubs not being entitled to enter insolvency procedures; the nature of tax claims in an insolvency (by HMRC); anti-avoidance (s. 703) amendments; substantial shareholdings amendments; de-grouping charge amendments; review of HMRC attitude to approval of CVAs; loan relationship amendments; distribution rule changes; secondary liabilities provisions; VAT bad debt relief; new company rescue provisions; international provisions such as UNCITRAL; case law review regarding jurisdiction in insolvency cases; and UK tax residence. [Subject: Tax Law, UK Law]

A unique guide to the taxation of companies in liquidation, receivership or administration, and those making voluntary arrangements. Examines the tax position of the insolvent company, its creditors and shareholders, and the Crown Invaluable tax planning suggestionsNew for the fifth edition, full coverage of the new Enterprise Act 2002 which makes fundamental changes to this area. Also, a full update of existing contents, up to and including Finance Act 2003.

This book takes a conceptual, interdisciplinary approach to the issues surrounding corporate rescue and the decision possibilities for companies in decline. The broad perspective enables the reader to understand the wider business context of insolvency law.

The second edition of this authoritative book examines in detail all the corporate insolvency procedures available in Ireland, including examination, receivership and winding-up. It examines the rights and liabilities of the parties involved in the winding-up process - company directors, shareholders, and secured and unsecured creditors - and also addresses the issue of fraudulent and reckless trading.

Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.

Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the 'connected', 'associated' and 'control' tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021. Connected and Associated: Insolvency and Pensions Law will help you to: - Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings - Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004 - Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995 - Work out when a disposal by an administrator will be to a connected person - Work out who satisfies the independence test for an evaluator - Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium - Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021 Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers. David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.