Most often when a company director receives an HMRC Personal Liability Notice, government has good reason to believe that the officer of the company committed some serious and intentional failure to pay National Contributions (NIC) owed by that company. HMRC believes that this was an intentional attempt to commit fraud or some other serious offense and they will pursue that company’s officer/director to the fullest extent of the law. If you have received a Personal Liability Notice (PLN) and believe you acted honestly and ethically, then there are steps which can be taken when challenging HMRC Personal Liability Notices.
We explain what options are available to you as the business owner, and it is you as the director who stays in control and decides what route to take. It makes no sense for our client directors to feel pressured into something that they believe does not favour them.
Although it is perfectly legal to sell the assets of an existing insolvent company to a new owner (or owners), there are certain things which must be kept in mind. If the company needs restructuring and an updated business model in order to turn around, there is nothing wrong with selling those business assets to a person or persons currently associated with the company. However this process needs to be handled by an experienced insolvency practitoner, solicitors and valuation agents in order to justify the process.
Whilst it is true that owners can walk away from a pre pack administration phoenix sale almost unscathed, if their sole intent is to also walk away from debts in order to continue operating under a new guise, this is highly illegal. Also, it isn’t only directors of phoenix companies who can receive a Personal Liability Notice. Current directors who have a history of Phoenixing and pose a current risk may also receive a notice if contributions are not being paid timely.
Challenging Personal Liability Notice procedures can be a bit complex because the investigating officers will have gone through a company’s books quite intensively and will likely have plenty of ‘support’ for their allegations. If you are the director of a company, or a de facto (acting) director or member who has been served a PLN, it is imperative that you seek help and advice before making an appeal. Real Business Rescue has helped countless businesses in the UK successfully challenge PLNs and we will tell you right up front if we believe you have grounds for an appeal. The initial consultation is free, so don’t hesitate to call on us for expert advice. Personal Liability Notices are challenged all the time, but success is based on having solid evidence on your side. We can help.
12th December 2018
Small and medium-sized enterprises (SMEs) across the UK are paying increasingly large sums of money to collect amounts owed to them by their clients and customers.Read More
4th December 2018
The number of independent retailers who closed down outlets during the first half of this year reached a record high level for any comparable period.Read More