– see also Winding up; Bankruptcy; Liquidation

Administration order

Actions, limitation of

Commentary – Rossdale: Probate and Administration of Estates ¶33-170

Generally

Commentary – Rossdale: Probate and Administration of Estates ¶33-080

Onerous property

Commentary – Rossdale: Probate and Administration of Estates ¶33-160

Powers of distress

Commentary – Rossdale: Probate and Administration of Estates ¶33-180

Restrictions on proceeding

Commentary – Rossdale: Probate and Administration of Estates ¶33-180

Setting aside transactions, power of

Commentary – Rossdale: Probate and Administration of Estates ¶33-190

Void transactions

Commentary – Rossdale: Probate and Administration of Estates ¶33-140

Administrative receiver, meaning

Commentary – Indirect Tax Reporter ¶55-442

Administrative receivership, meaning

Commentary – Indirect Tax Reporter ¶55-442

Annual accounting scheme

Legislation/Regulatory – SI 1995/2518 reg. 53

Assets vesting in assignee or trustee

Legislation/Regulatory – TCGA92 s. 66

Bad debt relief

– see also Bad debt relief

Concessions for practitioners

Commentary – Indirect Tax Reporter ¶18-915

Beneficiaries

Bankruptcy after death

Commentary – Rossdale: Probate and Administration of Estates ¶42-280

Bankruptcy before death

Commentary – Rossdale: Probate and Administration of Estates ¶42-270

Cash accounting scheme

Commentary – Indirect Tax Reporter ¶55-460
Legislation/Regulatory – SI 1995/2518 reg. 62

Cash forfeiture scheme

Legislation/Regulatory – PCA2002 s. 311

Cessation of business

Commentary – Indirect Tax Reporter ¶13-985

Civil recovery scheme

Legislation/Regulatory – PCA2002 s. 311

Clients, default surcharge reasonable excuse

Case Law – J.P. Miller Engineering. (1988) 3 BVC 841

Companies in administration

Legislation/Regulatory – FA2003 Sch. 41, para. 5(1) ; TMA70 s. 108(3), (4)

Company continuing to trade and charge VAT, receiver's discretion repayment of VAT etc

Case Law – Re John Willment (Ashford) Ltd. (1978) 1 BVC 235

Company in administration, accounting period

Legislation/Regulatory – CTA2009 s. 10

Consequences, overview

Administration expenses

Commentary – Rossdale: Probate and Administration of Estates ¶33-130

Creditors, payment of

Commentary – Rossdale: Probate and Administration of Estates ¶33-120

Funeral expenses

Commentary – Rossdale: Probate and Administration of Estates ¶33-130

Generally

Commentary – Rossdale: Probate and Administration of Estates ¶33-110

Interest payable

Commentary – Rossdale: Probate and Administration of Estates ¶33-200

Credit notes

Commentary – Indirect Tax Reporter ¶56-050

Crown set-off across taxes

Commentary – Indirect Tax Reporter ¶55-240

Crown's priority

Commentary – Tax Reporter ¶188-295

De-registration

Claims after de-registration

Commentary – Indirect Tax Reporter ¶55-240

Company in liquidation

Commentary – Indirect Tax Reporter ¶55-240

Generally

Commentary – Indirect Tax Reporter ¶44-076 ; Indirect Tax Reporter ¶55-240

Deadline and Form VAT 769

Commentary – Indirect Tax Reporter ¶55-240

Default surcharge

Commentary – Indirect Tax Reporter ¶60-461

Derivative contracts

Legislation/Regulatory – CTA2009 s. 611

Estate, obtaining grant

Commentary – Rossdale: Probate and Administration of Estates ¶33-100

Estates in administration

Commentary – Tax Reporter ¶367-200

Fixed charge over book debts

Commentary – Indirect Tax Reporter ¶55-240

Former preferential claim by HMRC

Commentary – Indirect Tax Reporter ¶55-240

Generally

Commentary – Tax Reporter ¶188-270 ; Stamp Taxes Reporter ¶30-800
Legislation/Regulatory – FA2000 Sch. 6, para. 75, 120, Sch. 7, para. 3, 5 ; SI 2001/838 reg. 56, 57, 58

Insolvency Helpdesk

Commentary – Indirect Tax Reporter ¶55-240

Modes of winding up

Legislation/Regulatory – IA1986 s. 73

Northern Ireland

Commentary – Indirect Tax Reporter ¶55-240

Notification

Commentary – Indirect Tax Reporter ¶55-240

Partnerships

Commentary – Indirect Tax Reporter ¶55-240

Penalties

Commentary – Tax Reporter ¶188-320

Phoenix companies

Commentary – Indirect Tax Reporter ¶55-245

Post-insolvency returns: restricted penalty

Commentary – Indirect Tax Reporter ¶55-243 ; Indirect Tax Reporter ¶59-600
HMRC Guidance – CH90000

Practitioners

Money laundering

– see Money laundering

Preferential debts

– see also Debts; Preferential debts

Generally

Commentary – Tax Reporter ¶188-295

Preferential debts, categories of

Legislation/Regulatory – IA86 s. 175, 386

Procedures

Legislation/Regulatory – SI 1996/1527 reg. 47

Proceedings for a recovery order

Legislation/Regulatory – PCA2002 s. 311

Provisional liquidators remaining in office

Case Law – Revenue and Customs Commissioners v SED Essex Ltd. [2013] BVC 314

Receivers appointed under the Law of Property Act

Commentary – Indirect Tax Reporter ¶55-240

Receivers renting out/sale of property, output tax

Commentary – Indirect Tax Reporter ¶55-240

Records kept by person in charge

Commentary – Indirect Tax Reporter ¶55-244

Registration

21 days to notify starting to carry on business

Commentary – Indirect Tax Reporter ¶43-872

Bankruptcy of VAT-registered individual

Commentary – Indirect Tax Reporter ¶43-872

Discontinued business

Commentary – Indirect Tax Reporter ¶43-872

Receivership, liquidation or administration of company

Commentary – Indirect Tax Reporter ¶43-872

Repayment of VAT credits, pre-insolvency VAT debt

Commentary – Indirect Tax Reporter ¶55-442

Returns

Commentary – Indirect Tax Reporter ¶55-240

Sale and repurchase arrangements

Legislation/Regulatory – FA2009 s. 83, Sch. 37 ; FA86 s. 80D, 89AB

Sale of immovable property by judgment debtor

Case Law – Promociones y Construcciones BJ 200 SL (Case C-125/12). [2013] BVC 252

Scotland

Commentary – Indirect Tax Reporter ¶55-240

Set-off of credits

– see Set-off

Set-off, disapplication

Legislation/Regulatory – FA2008 s. 131

Solicitors

Practical lessons

Commentary – Rossdale: Probate and Administration of Estates ¶33-230

Statutory insolvency arrangement

Legislation/Regulatory – ITTOIA2005 s. 259

Stock lending

Legislation/Regulatory – FA2009 s. 83, Sch. 37 ; FA86 s. 80D, 89AB

Stock lending, capital gains

Legislation/Regulatory – TCGA92 s. 263CA

Tax points in construction industry

Commentary – Indirect Tax Reporter ¶12-600

Transfer of business as a going concern

Case Law – (1984) 2 BVC 205,043 ; (1985) 2 BVC 205,225 ; Hope v Ireland & Ors [2015] BVC 7

Transfer of business as going concern

Commentary – Indirect Tax Reporter ¶54-162

Trust deed, meaning

Commentary – Indirect Tax Reporter ¶55-442

VAT representatives

– see VAT representatives

Wrongful trading

Commentary – Indirect Tax Reporter ¶55-245