We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

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

2

Comments

  • eskbanker
    eskbanker Posts: 35,192 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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
    uknick Posts: 1,726 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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
    sheramber Posts: 20,899 Forumite
    Tenth Anniversary 10,000 Posts I've been Money Tipped! Name Dropper
    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
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 August 2022 at 8:46AM
    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.
    No free lunch, and no free laptop ;)
  • hxjhxj
    hxjhxj Posts: 9 Forumite
    First Post

    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
    uknick Posts: 1,726 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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
    sheramber Posts: 20,899 Forumite
    Tenth Anniversary 10,000 Posts I've been Money Tipped! Name Dropper
    It is the directors' responsibility to submit return to HMRC. Penalties are for not complying with that responsibility.
  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
    No free lunch, and no free laptop ;)
  • hxjhxj
    hxjhxj Posts: 9 Forumite
    First Post

    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
    Jeremy535897 Posts: 10,653 Forumite
    10,000 Posts Fourth Anniversary Photogenic Name Dropper
    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?
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.2K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.3K Spending & Discounts
  • 240.7K Work, Benefits & Business
  • 617K Mortgages, Homes & Bills
  • 175.6K Life & Family
  • 253.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.