Lodgement requirements of receivers and liquidators

Is a receiver or liquidator required to prepare and lodge tax returns, in accordance with paragraph 254(1)(b) of the Income Tax Assessment Act 1936 (ITAA 1936), for periods of an income tax year which pre date their appointment?

No. Receivers and liquidators are required to prepare and lodge income tax returns for the period in an income tax year from the date of their appointment. The company itself should prepare and lodge an income tax return for the period in an income tax year prior to the date of appointment of a receiver or liquidator and outstanding returns for prior years.

A liquidator (or a receiver) is appointed to a company. Income is derived during the liquidator's (or receiver's) appointment.

Section 254 of the ITAA 1936 applies to an entity that is an agent or trustee for the purposes of the ITAA 1936. Paragraph 254(1)(a) of the ITAA 1936 makes a trustee ...answerable as taxpayer for the doing of all such things as are required to be done by virtue of this Act . . . and for the payment of tax...

on any income, profit or gain derived by the trustee in his representative capacity . Paragraph 254(1)(b)of the ITAA 1936 ensures that the trustee is required to make returns and to be assessed on them but only in that representative capacity.

In accordance with paragraph (a) of the definition of 'trustee' in subsection 6(1) of the ITAA 1936, both receivers and liquidators are trustees for the purposes of that Act.

Paragraph 1 of Taxation Determination TD 94/68 Income tax: who is responsible for lodgement of a company income tax return if both a receiver/manager and a liquidator have been appointed? states: Each [receiver/manger and liquidator] is legally responsible for lodging the return under the provisions of paragraphs 254(1)(a) and (b).

Accordingly, as is made clear by that paragraph, a receiver or liquidator, as trustee for tax purposes, is responsible for income or profits or gains derived in that capacity. Consequently, a receiver or liquidator only has to lodge returns for the period after appointment in respect of that company.

The company should prepare and lodge a return for the period in the income tax year prior to the appointment of a receiver or liquidator. The company should also prepare and lodge any outstanding returns that are required for prior income tax years.