Just discovered letter from HMRC saying I owe £2400 for "overdue returns and penalties"

eskbanker

derobe said:

Thank you, the system is a shambles. Their telephone system seems to be malfunctioning, when I do get through to someone I get cut off. I spoke to someone who said he could waive two years instantly and then I would have to appeal at the .gov site for the rest, he cut me off before he got the chance to provide more details and I don't have the energy to ring back after spending over 3 hours on hold and being cut off twice already.

Not sure if he has waived the charges I'll have to call back tomorrow to find out.

I wasn't suggesting you phone HMRC, I was meaning following up on this advice, which would probably be better achieved by writing to them rather than phoning:

swabaxter said:

I would suggest obtaining a full statement from HMRC showing the relevant amounts and dates.
Obtain a copy of your company accounts from Companies House and try to reconcile the two.
Good Luck.

In other words, in your shoes I'd be focusing on ensuring that all loose ends are properly tied up and everything resolved, rather than focusing specifically on trying to avoid making a payment....

uknick

1st thing I'd do is look at the filed accounts at companies house to see how much corporation tax should have been paid.  Then, as already suggested, get the tax statement from HMRC to see if the CT numbers correlate.  Finally, check to see if all the PAYE & VAT amounts have been correctly paid.  If all these taxes have been paid correctly, go back to HMRC to see what they've been smoking.

sheramber

The best time to call is as soon as lines open. Start dialling just before hand to be at the front of the queue. You may hat an answer before the time as some people start work early.

macman

Re lack of contact, they don't ever email you. The demands would have been sent to the registered address on file at Companies House.
You can' just 'get out of paying' if corporation tax and/or penalties for late filing are due, as you were a director of the company, and are both jointly and severally liable, along with the other directors.
You might have a case against the other directors or your accountant, but this does not remove your own director's liability to HMRC.

hxjhxj

macman said:

You can' just 'get out of paying' if corporation tax and/or penalties for late filing are due, as you were a director of the company, and are both jointly and severally liable, along with the other directors.

You can.  Limited liability means limited liability still in most cases.

uknick

hxjhxj said:

macman said:

You can' just 'get out of paying' if corporation tax and/or penalties for late filing are due, as you were a director of the company, and are both jointly and severally liable, along with the other directors.

You can.  Limited liability means limited liability still in most cases.

As you say in "most cases".  But, if HMRC think fraud may have taken place they can go after the directors and/or other accountable officers of the company.

sheramber

It is the directors' responsibility to submit return to HMRC. Penalties are for not complying with that responsibility.

macman

hxjhxj said:

macman said:

You can' just 'get out of paying' if corporation tax and/or penalties for late filing are due, as you were a director of the company, and are both jointly and severally liable, along with the other directors.

You can.  Limited liability means limited liability still in most cases.

But 'limited liability' does not remove the responsibilities of a director for complying with the statutory requirement to file tax returns.

hxjhxj

sheramber said:

It is the directors' responsibility to submit return to HMRC. Penalties are for not complying with that responsibility.

Agreed.  But the penalties are still due from the company and cannot be transferred to the directors by HMRC.

macman said:

hxjhxj said:

macman said:

You can' just 'get out of paying' if corporation tax and/or penalties for late filing are due, as you were a director of the company, and are both jointly and severally liable, along with the other directors.

You can.  Limited liability means limited liability still in most cases.

But 'limited liability' does not remove the responsibilities of a director for complying with the statutory requirement to file tax returns.

Agreed.  But the penalties are still due from the company and cannot be transferred to the directors by HMRC.

Jeremy535897

If the company was compulsorily wound up in 2019, why are HMRC pursuing corporation tax for later years? What was their response when you told them this?

Presumably you received nothing from the company when it was struck off, because it had no assets?