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Comply with the rules

By: Series: Estates Gazette ; (0220) 18 May 2002, 221(1)Publication details: 2002Subject(s): Summary: Discusses the case of "Re Toshoku Finance plc (in liquidation)" where a landmark ruling by the House of Lords has implication on the way post-liquidation rental liability is treated. It was decided that corporation tax chargeable on Toshoku's post liquidation profits, including income not yet received, was a necessary disbursement payable out of the company's assets for the cost of winding-up and in priority to the debts proved pursuant to the Insolvency Act 1986 s 115. The Lords ruling meant that rents due following liquidation may be recoverable as an expense of the liquidation and that it is no longer a matter for the court's discretion, but compliance with r4.218.
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Journal article London Journal article ABS65538 (Browse shelf(Opens below)) 1 Available 118291-1001

Discusses the case of "Re Toshoku Finance plc (in liquidation)" where a landmark ruling by the House of Lords has implication on the way post-liquidation rental liability is treated. It was decided that corporation tax chargeable on Toshoku's post liquidation profits, including income not yet received, was a necessary disbursement payable out of the company's assets for the cost of winding-up and in priority to the debts proved pursuant to the Insolvency Act 1986 s 115. The Lords ruling meant that rents due following liquidation may be recoverable as an expense of the liquidation and that it is no longer a matter for the court's discretion, but compliance with r4.218.