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Limited Company Sole Trader Contractor - Late TAX Payment???


nick7602
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Hi

 

And thank you for reading my post.

 

I worked as a self employed contractor for a period of 8 weeks set up as a limited company, at the end of the 8 Weeks there wasnt anymore work so the company became dormant and I became unemployed.

 

I received a letter dated 13.04.17 that I owe £526.02 and I must pay up now or they would consider paying off my debt with gods taken and sold on my behalf......spoke with HMRC collections told them that the accountant was away on holiday and I would make contact with them once I had spoken with the accountant.......the accountant told me to set up a payment plan, I tried to do this today only to find the bill is now £1500???? from the 13th to today its increased to £1500???.... even though I spoke with the lady whos name is on the letter and she agreed to wait until I had spoken with the accountant. she now tells me that the debt has been passed to the baillifs......the accountant is astonished.....

 

What rights do I have as I do not have any assets and I am director of a Limited company although dormant, there is no money in the company bank account......what can they do??....I dont want them to start taking goods etc from my home address

 

Kind Regards

 

Nick

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I worked as a self employed contractor for a period of 8 weeks set up as a limited company, at the end of the 8 Weeks there wasnt anymore work so the company became dormant and I became unemployed.

can you expand on this. how were you working, for who, under what arrangement, what tax returns, etc

 

cant see how you cld be self employed (sole t) yet be a company re.

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The purpose of the Limited Company was only so that I could get paid, as I was at the time working as a contractor, working for an Aerospace Company self employed ( limited Company Basis )

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You were not self employed. You were/are Director of your own Ltd Company. This comes with lots of responsibilities that you seem to be unaware of. If you do not already have an accountant I would suggest that you engage one ASAP.

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well, it wont have come out of the blue as you would have know when the accounting period was and when you had to submit payments but clearly you didnt.

Chances are you didnt owe this much if any at all but as you failed to keep on top of things you are now in the mire.

Is youa accountant professionally qualified and fully insured or some bod who does a bit of bookkeeping and filing for people. Reason i ask is if they are really responsible for the errors then you can sue them but if they are just someone who does a bit here and there then you carry the burden of your own actions

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  • 3 weeks later...

You may have a problem here.

 

Please could you post the original letter from HMRC.

 

The issue is that you can either be self employed or employed if you are a director of a company.

 

If you are paid via PAYE from your limited company you are employed by them if you are not paid through PAYE you have a directors service agreement which is self employed.

 

It sounds to me like this could be a DCA and not HMRC. HMRC do not add fees for bailiffs until they enter a property after giving notice of distraint proceedings. The bailiff would be an HMRC officer. They would only instruct a company when the goods are to actually be removed and this would be after they have entered the property.

 

The other option is that your contract was through an agency and they have deemed you a disguised employee under the National Insurance Act or IR35.

 

If you have received a distraint letter it should have the mobile number of the officer on it. Your accountant should be calling them and finding out what is going on.

 

I would suggest the next step is to post up the letter with personal deatails removed.

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