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tax return in bankruptcy

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  • Can somebody advise, I went bankrupt on Feb 2011, and have now been discharged from that bankruptcy.


    There are outstanding tax returns for many years back which the revenue say they do not have from me. From 2004/2005 to 2008/2009. It was not requested by HMRC that I submitted these at the time of the Bankruptcy, but clearly these debts if applicable were generated prior to the Bankruptcy date. Where am I with this?, Can HMRC really make me go back to a time prior to my bankruptcy, just because they (And I) missed the fact these hadn't been submitted at the time of the bankruptcy. Is it a legal obligation for me to complete these outstanding and now I am discharged from bankruptcy? A tax return was completed for the year of the Bankruptcy, just none of the outstanding ones from previous years.
  • egrescrimp
    egrescrimp Posts: 573 Forumite
    You would still need todo the tax returns, they won't be able to make you pay anything as it would be included in your bankruptcy. They would then have accurate figures they can present to the OR in case anything is available in your bankruptcy estate such as any money left over from an IPA when the OR's fees have been covered.
  • hi i need need help asap!
    as from june 2016 i was made bankrupt by an insolventacy agency becacuse my business got into difficulties an i wasnt fit to pay hmrc the tax i owed them! as of 2017 i got a job working for a company were i gave them the utr number i always had since i was self employed an they paid the tax for me but i havent done a tax return since i was bankrupt because i didnt think i had to i thought hmrc jus keptd the money to i was out of bankruptcy but the more i read up on it i shud of been doing a tax return! 

    can anyone shed any light on this for me an push me in the right direction of what i shud of been doing an what i shud be doing now all ans welcome plz 
  • mwarby
    mwarby Posts: 2,049 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    you should start your own thread really, rather than posting on a 5 year old thread

    did you cease trading when you went bankrupt ? if so I think you wouldn't have needed to continue to file tax returns. Presumably for your new job you also gave your NI number and were paid PAYE from then onwards.

    If you kept trading 2016 - 2017 you should have been filing tax returns. It does sound like HMRC haven't clocked this yet, but I think you (or preferably an accountant) should be preparing accounts for this period. I'd think it would look better for you to have these before alerting HMRC or waiting for them to contact you first. I think an accountant would be useful in terms of handling issues around penalties and making sure HMRC have enough to close this down, it's very possible that HMRC will ask for other years to have tax return submitted or want to do an investigation into your tax affairs
  • i wasnt working wen i went bankrupt i just started working round  2018 an havent done a tax retun an ive been working ever since! should i do a thx return from april18 to april 19 online an see were it goes from there? 
    another question do i getvthe refund mysel or were does it go?
  • mwarby
    mwarby Posts: 2,049 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    so self employment died when you went bankrupt ? If so I suspect there nothing for you to reclaim, you will have just been payed on PAYE, if your just a simple employee I would not file a tax return unless advised by someone knowledgeable and trustworthy, as if your not careful they will want a return each year for a while, which is a pain

    any tax refund that relates to pre ( and probably during bankruptcy) will go to the OR, anything post discharge(as in any tax you paid after bankruptcy discharge, in error) would be yours
  • the thing is i am self employed basis but my employer takes the 20% out of my wages every week an pays my tax  i jus gave him the utr number i always had since i went self employed back in 2000 that you for these answers its helping me out alot! can i still do my last couple of years on line  tax refund mysel an wat way would i go about it thanks
  • mwarby
    mwarby Posts: 2,049 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 6 April 2020 at 11:15AM
    I think you need an accountant tbh, I also fear that you may not have a refund but a tax bill. It's a bit concerning that you may not know what tax documentation has been filed on your behalf. I would be hesitant to have an employer (when I'm not actually employed), handle my self employment taxes
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