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Tax and insolvency 2012 extinguishing the phoenix’s fire paper

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Published on 14 Mar 12 by NATIONAL DIVISION, THE TAX INSTITUTE

This paper covers:

  • what is a fraudulent phoenix transaction?
  • the director's dilemma
  • the limitations of the liquidator’s tools - The uncommercial transaction
  • extinguishing the phoenix's fire with taxation reform
  • bankruptcy and capital gains tax
  • insolvency practitioner liability for GST - The PM developments case and subsequent amending legislation.

Author profile

Michael Lhuede
Photo of author, Michael LHUEDE Michael specialises in corporate and personal insolvency law. Michael acts for Australia's leading banks and secured lenders and for liquidators,administrators and receivers advising in all aspects of corporate insolvency and workouts. He has also conducted some of Australia’s most complex bankruptcy cases. Michael regularly advises boards and directors of listed and unlisted companies in relation to their duties upon insolvency and the restructuring of financially stressed businesses. For the past four years Michael has been named in "Best Lawyers •Australia" in the Insolvency and Reorganisation category, being named Best Lawyer •Victoria for that category in 2012. He is a member of the Insolvency Practitioners Association of Australia and of the Insolvency & Reconstruction Committee of the Law Council of Australia and the co-author of a chapter of Personal Property Securities in Australia published by Lexis Nexis. - Current at 27 July 2012
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