Problems paying Corporation Tax arrears on time; will HMRC give me time to pay?
What Can I do if I Can’t Make a Corporation Tax Bill?
If you have spoken to HMRC about your tax problems, it will depend on how much confidence they have in your ability to pay. In other words, if this is the first time you find yourself in this situation then they may react differently to how they would with a ‘repeat offender’.
If it’s your first time being late on your corporation tax payment then you should have already tried contacting the HMRC Business Payment Support Service as they will assess your case on its own merits.
For ‘repeat offenders’, it’s important that you call the office that contacted you – there’s no point in contacting the HMRC Business Support Service now. If all communications with HMRC have been exhausted and you have tried a Time to Pay Arrangement then you need to seek specialist, professional help. We can help with this situation.
Are There Any Fines if I Can’t Pay Corporation Tax?
Yes, there are fines for not paying corporation tax. Make sure you file your company tax return on time even if you can’t make the full corporation tax payment that is due. If you don’t file your return on time you may be charged a fine or penalty.
My Company is Insolvent and I Can’t Make My Tax Payment. Does This Matter?
If you need to close down the company then there may be personal implications that need checking, such as an overdrawn director’s loan account. You should therefore contact us first to get free advice on your unique situation.
Finding yourself in the situation where you cannot pay corporation tax may be a particularly relevant warning indicator. HMRC have specific guidelines for investigating the remuneration of directors, especially where directors have taken dividends when the company is insolvent. The fact that you are having problems paying corporation tax may indicate that you have taken excessive dividends and HMRC may have the view that the money you paid yourself is, in fact, theirs.
Will HMRC Accept a Time to Pay Arrangement for Corporation Tax?
It’s possible that they will accept a corporation tax time to pay arrangement, but you will be expected to demonstrate that the company can afford to repay the tax over a maximum of twelve months along with any other taxes that will be due within this time.
Be aware that if you have an overdrawn directors’ loan account they will want this repaying immediately before any time to pay arrangement would be considered.
If I Can’t Pay What Will HMRC Do?
It depends on your situation. If you have exhausted HMRC’s patience then you need to act swiftly as they will not go away – they will want the tax. The first stage is usually to send threatening letters, then they may try to prove the debt in law by pursuing it via the County Court. This will affect your company’s credit rating – although not yours personally. They may also prove the debt via a Statutory Demand which is more serious. If you do not pay the tax in full or negotiate a settlement after this point HMRC will wind up your company through the use of a winding up petition. This is also known as compulsory liquidation.
Will HMRC Wind Up My Company For Not Making My HMRC Payment?
Yes. HMRC has a duty to collect taxes for the UK government. HMRC are also responsible for more winding up petitions than almost everyone else put together, so it’s important to keep this in mind when considering your intentions going forward.
If I Can’t Pay, Can Bailiffs Seize My Assets?
Yes. HMRC can seize assets, and because they do not have to prove the debt via the normal legal channels they can process this much faster.
Can You Provide Advice?
Yes. If you are unable to make your corporate tax payment, this means your company is insolvent. You are likely to need specialist help so please contact us: 08000 746 757.
Author: Mike Smith