Again!

threeofus

My ex decided to go bankrupt three years ago, I have posted before about the position he has left me and his children in with regards our housing situation - which I have since been left to sort out, whilst he enjoys his 'fresh start'....thankfully feeling ok, staying strong and all that but my query this time is what happens if someone is made bankrupt because of tax evasion and a few years later does the same, fails to file accounts to companies house, pay vat, pay PAYE or NIC for the employees. Takes money from the business without declaring it etc etc....this is now company debt not personal. What happens....you'd think he had learnt his lesson but sadly not!

National_Debtline

Hi there,


If he continues to set up limited companies and not pay tax then it is possible that he can be made personally liable for the tax even after the limited company has liquidated, if he is deemed to have committed a directors offence. Unfortunately, he can then declare personal bankruptcy to get rid of that.


In the bankruptcy his restrictions can be extended (up to 15 years or even indefinitely in some cases) and that can prevent him being the director of a limited company - amongst other things - until the restrictions are lifted.


Tax evasion is harder to prove than tax avoidance, and it seems that he is declaring the tax, but not paying it which is slightly different. You may need to speak to a tax specialist to find out more, but realistically we need to look at how this is affecting you. You mentioned it is affecting your housing, are you able to elaborate on how?


Laura
@natdebtline

threeofus

because we jointly owned the property, it's his only asset the trustee naturally wants to release this now, the house is on the market, the property market stagnant, so trustee wants to take possession making us homeless, I've posted about it before - nothing I can do, even despite the debts not being mine, just his reckless behaviour and abuse. It just seems wrong that he isn't being held responsible, and that he is doing it again.

silvercar

The official receiver has 3 years from the date of bankruptcy to deal with the equity in the family home. You need to check the exact date of his bankruptcy, but it may be that if the 3 years has passed the OR can't take your home.

If your ex is made bankrupt again then that would restart the clock, but now look at who owns the equity in your home. Have you bought it back or has it reverted to your ex?

BillyBills

I know the feeling, happened to a friend of mine. Just wanted to offer support and tell you she has really blossomed since then! Leave the past behind and ignore those who have nothing to offer. Build something yourself, that's what she did. Easier said than done but it is possible!

debt_doctor

silvercar wrote: »

The official receiver has 3 years from the date of bankruptcy to deal with the equity in the family home. You need to check the exact date of his bankruptcy, but it may be that if the 3 years has passed the OR can't take your home.

If your ex is made bankrupt again then that would restart the clock, but now look at who owns the equity in your home. Have you bought it back or has it reverted to your ex?

This is very important - check it out urgently.
DD

threeofus

no it's all legit the house was on the market prior to the three year deadline, but the roof collapsed so I was allowed a period of grace - an increased time to raise the beneficial interest or wait for a sale,l I am trying to do the former but the property market is slow and despite reducing the sale value the trustee is reluctant to accept less...until he appoints an independent surveyor to value the property and gets advice re its marketing - he will then decide if he is willing to accept a reduced offer....longer in limbo all because of a controlling abusive ex husband who is now doing it all again because he thinks he is above the law and shouldn't have to pay tax....it seems so wrong and unfair that he can behave in this way...it's immoral and whilst of course debts have to be paid...I will loose everything whilst he gets away with it and walks away...don't know how they sleep at night some people!