Clifford Chance

Court of Appeal clarified rules of attribution of directors' knowledge to companies in the context of tax assessments challenges

1 April 2012

In the recent decision of the Court of Appeal (CA) in Moulin Global Eyecare Trading Ltd v The Commissioner of Inland Revenue and Another (CACV 64 of 2011), CA has clarified the legal principles governing the attribution of directors' knowledge to companies, and their application in the context of a challenge raised by the liquidators of a company in liquidation against profits tax assessments made based on fraudulently prepared financial accounts and tax returns.

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