hmrc sending me bankrupt

[singen]

Hi realy need some advice

 

Over the last 2 years my hotel has been hit realy hard with the resestion and i ended up behind with my vat and tax for about 60k, as well as other suppliers gas, electric etc etc. Then 3 months ago we started a new venture within the hotel and have realy started to turn things around, i have managed to get all supplyers paid up to date as well as gas, electric etc etc which just left the inland revenue to start getting straight with and was about to set up a standing order for about 600 a week plus keeping up with normal payments, (the 600 a week was something i was just starting to pay not a agreement with hmrc).

 

However this evening a representitive from hmrc turned up in the hotel to see me about the outstanding dept, i explained the situation we had been in over the last 2 years and that we are now getting straight again and explained that we could now pay the 600 a week plus future payment. unfutuantly his reply was that hmrc's policy is that they no longer are willing to give people time to pay and that bankruptcy proceedings would soon follow.

 

I am a sole trader and my home is on the grounds of the hotel so im now worried im going to lose my buisness as well as my home as if it gets sold it all goes together.

 

I have had 2 years of hell and just when i start to get things right again im faced with this, please help if you can.

 

Thanks

[rebel11]

Hi singen

 

Welcome to CAG

 

The guys will advise as soon as they available. Two things to do, firstly get on to your local MP, secondly is there a local chamber of commerce? Explain your situation, get them to help. Your a local business that needs a bit of time. See what the minimum payment they would want until things pick up. I can't understand why your house is tied up to the business.

[singen]

The house is tied with the buisness because the hotel sites in five achers and the whole site is on one deed, i did try and get it split a few years ago but i have a loan with a brewary who has first charge and they wouldnt give there permision.

[singen]

I also have a loan with my parents and someone surgested tying up the fixtures and fittings etc as security on that loan so that they couldn't come along a take anything from the hotel or my home.

 

Is this possible to do as i havent had any official demand or court action as of yet ?

[Johno100]

It is possible, but if HMRC go down the bankruptcy route any subsequently appointed trustee (as well as the Official Receiver) would look very closely at such a transaction it's timing, the reason for it and may well seek to have it reversed. Anyway, you said the bank have a charge what is that over?

 

Also how much do you owe HMRC? What is it for i.e VAT, PAYE/NIC? And how old is the oldest part of the debt?

[singen]

i owe hmrc about 60k for v.a.t and tax, the oldest part of the dept is about 12 months.

[singen]

Could realy do with some help please, not sure which way to turn

[toddle2u]

Keep paying the £600 a week even if you don't have their agreement. Keep a record of all payments. The debt will be paid off within 2 years and as long as your keeping up with your present HMRC payments I can't see them going for bankruptcy.

[singen]

I spoke to them again today over the phone and again was told that paying of the dept over 2 years was to long, im still going to keep paying them but i think they just want blood.

 

The person i spoke to is going to pass the offer onto someone else but its not looking good at moment

 

Any more advice is very welcome

 

cheers guys.

[toddle2u]

Just keep paying it. Whilst your paying it it shows an intention to clear the debt and they won't get so heavy with you. The problem with you showing willingness to pay is that they will pressure you to pay more. Stick to your guns and only pay what you can afford. I know it seems daunting dealing with a big Government department but don't be bullied by them. There is a long way to go before they can take the business and your home and as long as your paying the chances of this happening diminish

[Anita H]

Hi Singen,

First step, if you have an accountant ask about Equitable Liability.If not get hold of the HMRC representative immediately and ask whether your case is suitable for consideration under the Equitable Liability Scheme.Tell him/her that questions are due to be asked in the House of Commons on my behalf by Harriett Baldwin MP.This scheme is designed to protect creditors against the HMRC. Find out who your MP is, make an appointment and complain,the more complaints the more is likely to be done. Email Panorama [bBC] I already have information lodged with them.Tell them how high handed HMRC are being.

Have you made all the necessary appeals, if not ask to be able to make a late appeal,depends on how long the money has been owed.I am not an expert it is just that I have more than a passing interest in HMRC and bankruptcy! Good Luck!