Restructuring & Insolvency

Tax is a heavy financial burden for many businesses and individuals. Where the tax burden, combined with other factors, places a business in a financial predicament – restructuring or insolvency may be the only viable option.

The Restructuring and Insolvency lawyers at Rogerson Law Group have years of experience successfully assisting businesses and entrepreneurs. Some sectors are particularly at risk – and it’s not uncommon for some types of business who struggle in straitened economic times to overlook vital tax issues.

Struggling companies

We advise businesses across a range of industries and sectors who are in financial difficulties, and who are carrying a tax debt and/or facing a tax assessment (or reassessment) that could push them into potential insolvency. We assist clients and businesses of all sizes, in both early and late-stage restructuring; where there are creditors (secured and unsecured); insolvency; and so on.

Restructuring

We also advise clients who need help with restructuring their company in a tax effective way. We have the experience to advise our clients on what will or won’t work, and what will prove tax efficient. We work with companies from the inception of the business providing tax advice – right through to the end, including succession planning.

Tax implications

Tax implications invariably arise during company restructuring and insolvency. In fact, it’s not unusual for an insolvency, or the restructuring of a business, to be connected to a failed Tax Objection or appeal, or a reassessment following a Tax Audit. Consulting expert tax professionals is therefore vital if you are considering a restructuring move, or insolvency; or you are otherwise concerned as to your future financial viability.

We know how to deal strategically and effectively with the CRA when appropriate, whether in relation to corporation tax or income tax, reliefs, exemptions, voluntary disclosures, and so on.  We are also adept at dealing with the typically tight deadlines that arise in restructurings – while working around the complex legal and business issues that frequently crop up.

Where insolvency is inevitable, we will advise you on the best route, whether that is corporate insolvency or personal bankruptcy (depending on your business model, and whether you are an individual tax payer). Where there is a creditor, such as the CRA, a corporation may make arrangements with the creditor to settle a debt for less than its face value under the so-called ‘debt forgiveness rules’. We are experienced in negotiating settlement terms that are generous to our clients – but satisfy the creditors.

Cross border expertise

One of the team’s many strengths lies in its unrivalled cross-border practice: we have years of experience in cross-border restructurings and insolvencies. This means that where our client’s case involves cross-border issues – we are not fazed in the least.

The Team

The Restructuring and Insolvency team at Rogerson Law Group is led by Andrew Rogerson (the firm’s founder) who has more than 30 years’ experience in cross-border restructuring and litigation. We are highly experienced in Restructuring and Insolvency for businesses and individuals alike. Andrew is assisted by Arash Jazayeri, a tax specialist who has advised both small businesses and multinationals.

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