Pay-Roll Tax Assessment Act 1941 (REPEALED)

Part V - Collection and recovery of tax  

SECTION 30 (Repealed by 101 of 2006)   Liquidator to give notice  

(1)    
Every person who is liquidator of any company which is being wound-up and which is, or on or after the first day of July, One thousand nine hundred and forty-one has been, an employer registered or required to be registered under this Act, shall, within fourteen days after he has become liquidator of that company, give notice in writing to the Commissioner of his appointment as liquidator.

(2)    
The Commissioner shall, as soon as practicable thereafter, notify to the liquidator the amount which appears to the Commissioner to be sufficient to provide for any tax which then is or will thereafter become payable by the company.

(3)    
The liquidator:

(a) shall not without leave of the Commissioner part with any of the assets of the company until he has been so notified;

(b) shall set aside out of the assets available for the payment of the tax, assets to the value of the amount so notified, or the whole of the assets so available if they are of less than that value; and

(c) shall, to the extent of the value of the assets which he is so required to set aside, be liable as trustee to pay the tax.

(4)    
If the liquidator fails to comply with any provision of this section (or fails as trustee duly to pay the tax for which he is liable under the last preceding subsection), he shall, to the extent of the value of the assets of which he has taken possession and which are, or were at any time, available to him for the payment of the tax, be personally liable to pay the tax, and shall be guilty of an offence.

Penalty: Not less than Two dollars or more than One hundred dollars.

(5)    
Where more persons than one are appointed liquidators or required by law to carry out the winding-up, the obligations and liabilities attaching to a liquidator under this section shall attach to each of such persons:

Provided that where any one of such persons has paid the tax due in respect of the company being wound-up, the other person or persons shall be liable to pay that person each his equal share of the amount of the tax so paid.

(6)    
Notwithstanding anything contained in this section, all costs, charges and expenses which, in the opinion of the Commissioner, have been properly incurred by the liquidator in the winding-up of a company, including the remuneration of the liquidator, may be paid out of the assets of the company in priority to any tax payable in respect of the company.

(7)    
Nothing in this section shall limit the liability of a liquidator under section sixty-six of this Act.