HMRC Claims Against Company Directors
As a company director, you could face a claim from HMRC if it considers that there is an irregularity or wrongdoing in respect of issues such as tax, NIC or a tax scheme. HMRC could make a personal claim against you and has the power to commence a criminal prosecution.
If someone is found guilty of an offence, penalties can include asset freezing, Personal Liability Notices, loan charges, disqualification from acting as a director and the forfeiture of money and assets under the Proceeds of Crime Act.
At Isadore Goldman, we specialise in helping directors and businesses deal with financial problems. We have many years of experience in acting for those being investigated by HMRC and an excellent track record of success in defending directors from personal liability.
We recognise how stressful it is to deal with allegations from HMRC for underpayment of tax or misconduct and our specialist team are supportive and will provide robust representation.
Our services for directors facing HMRC investigations and claims include:
- Advice on HMRC tax claims and personal claims against directors
- Representation in respect of:
- Personal Liability Notices
- Loan charges
- Negotiating with HMRC in respect of claims and penalties
- Providing expert representation in court
For immediate, expert advice on HMRC claims against directors, you can contact your local Isadore Goldman office in London, Norwich or Portsmouth, or email info@isadoregoldman.com.
For more information about the services we provide, see HMRC Claims Against Company Directors.I
Why choose Isadore Goldman for help with HMRC claims against directors?
Accredited experts
At Isadore Goldman, we are specialists in company financial matters, including HMRC investigations. This is a complex area of law, and we have a dedicated team with exceptional expertise.
We are highly accredited for our wide understanding of tax issues that may relate to insolvency, and are recognised by leading legal directories Chambers & Partners and the Legal 500.
Chambers and Partners states that we are “one of the leading UK firms in this sector.”
Constructive and practical legal advice
Our advice in respect of HMRC claims against directors will be pragmatic. We will give you an honest assessment of your position and what you might realistically expect to achieve.
Where necessary, we will enter into negotiations on your behalf to try and resolve matters promptly and without the need for litigation so that you can return your focus to your business.
Commercially-focused guidance
The authorities or the insolvency practitioner may also make claims against directors for breach of duty, and we will look at your case as a whole and provide the advice and representation you need to protect your position.
We will take the time to understand your company and the background to the issues that have arisen. Our recommendations will be based on finding the best way forward for you and for your company.
Successful track record
As company insolvency experts, we have a proven track record of defending claims against directors for breach of duties and tax issues. We will provide you with comprehensive representation and the guidance you need from a genuine expert in such claims to ensure the best possible outcome.
Advice on HMRC tax claims and claims against directors
If you are facing an HMRC tax claim or an investigation into actions taken by your company in respect of tax, NIC or tax schemes, you need advice from specialists.
We will establish what has happened and discuss the potential outcomes with you, ensuring that you know what your options are and the implications of each.
Tax cases are often extremely complicated, and our expert team will identify any issues that could give rise to liability and work to secure the best possible result.
Personal Liability Notices
If HMRC believes that your company has not paid tax or tax penalties that are owed to it because of fraud or neglect on the part of a director or other officer, it can issue the individual in question with a Personal Liability Notice. This will enable HMRC to pursue them personally for the debt, meaning their assets will be at risk.
Personal Liability Notices are often used when a company is liquidated with unpaid tax or penalties.
Notices may be issued if VAT is unpaid because of unlawful acts on the part of a director and the director stood to gain as a result. They are also used in claims against directors of dissolved companies or where companies are facing insolvency.
If you have received a Personal Liability Notice or you believe that you are being investigated by HMRC to see whether it will be possible to issue a notice, we can step in immediately to represent you.
Loan charges
Loan charges were introduced in the Finance Act 2016 to give HMRC the authority to collect tax that has not been paid because a company operated a disguised remuneration scheme. This is a tax avoidance measure that allowed directors and others to receive a loan instead of a salary, but with the intention that the loan would never be repaid.
Following the new legislation, loans should have been paid back in full before 5 April 2019 or they became classed as income, meaning tax is due together with interest. HMRC may claim tax back by way of a loan charge, and if you are notified of this, we can advise you of the best course of action.
Negotiating with HMRC in respect of claims
While HMRC intends to pursue unpaid tax, penalties and NIC, they are generally open to negotiating. We routinely represent company directors in HMRC negotiations to agree on realistic and affordable ‘Time to Pay’ agreements.
HMRC will recognise a willingness to negotiate to try and find a solution. They will require a range of evidence of the current financial position of your company, including details of income and expenditure as well as predicted future income, expenditure and profits.
If a disagreement has arisen over the amount owed or whether a tax liability is due, we can deal with a HMRC agent in dispute resolution, negotiating to find the best way forward.
Providing expert representation in court
If your case has reached the stage of a court hearing, we can prepare the strongest possible case on your behalf and ensure that you are represented by an expert in HMRC claims against directors.
We also provide expert advice in respect of restructuring, administration and voluntary liquidation for companies facing insolvency following HMRC claims.
Contact our expert HMRC claims against company directors solicitors
For clear and pragmatic advice on dealing with HMRC claims against directors, contact our team today. You can get in touch at one of our offices in Norwich, Portsmouth or London, or email info@isadoregoldman.com.