Hmrc chasing paye

[bullyuk]

Morning. We closed a Ltd company down late last year and had the confirmation it was officially ceased trading in Feb this year.

I now have HMRC chasing £1000 in unpaid PAYE.

Can they chase me as old director of a ceased company???

Many thanks.

Gary

[honeybee13]

Hello there.

 

I'll move your thread to the HMRC forum, as you've posted in the forum about CAG itself.

 

HB

[blondebubbles]

Is the company dissolved?

 

Is it PAYE for your employees or your personal tax?

[BazzaS]

Morning. We closed a Ltd company down late last year and had the confirmation it was officially ceased trading in Feb this year.

I now have HMRC chasing £1000 in unpaid PAYE.

Can they chase me as old director of a ceased company???

Many thanks.

Gary

 

In general, the rule is that a director cannot be pursued for the company's debts ("the corporate veil").

 

There are, however, exceptions to the general rule ("lifting the corporate veil"), including :

a) If a personal guarantee was made to the creditor, or

b) If some of the provisions of the Insolvency Act 1986 are breached (in particular S239 - the rule against 'preference'), if the company was made insolvent.

 

So, was the company dissolved or insolvent?

Did any of the shareholders or directors take money out of the company that should / would have been used to settle the PAYE bill?.

[bullyuk]

Fully dissolved

[bullyuk]

Fully dissolved and paye for employees

[BazzaS]

Fully dissolved and paye for employees

 

As previously asked:

"Did any of the shareholders or directors take money out of the company that should / would have been used to settle the PAYE bill?."

 

If so, HMRC could ask for the company to be restored, reversing the transactions that gave preference to the shareholders or directors, or "pierce the veil" for the directors for granting the preference. against their fiduciary duty.

[bullyuk]

No payments taken out and I was only director. Company closed owing me directors loans.

I just didn't know if there were certain things HMRC could chase even with comapny closed but my new accountant tells me the company was liable for its debts not me as an Ex director.

[bullyuk]

And that I should refuse and say they have no right to chase me personally.

The paye was for myself and 2 other employees of the old company. Could they chase me for my paye??

[BazzaS]

No payments taken out and I was only director. Company closed owing me directors loans.

I just didn't know if there were certain things HMRC could chase even with comapny closed but my new accountant tells me the company was liable for its debts not me as an Ex director.

And that I should refuse and say they have no right to chase me personally.

The paye was for myself and 2 other employees of the old company. Could they chase me for my paye??

 

Unlikely, provided you can show payslips that show you received nett pay, and that PAYE (and NI) had been deducted from your pay.

 

You say the company was "dissolved", which could imply it ceased to exist whilst not insolvent, yet you also say it closed owing you money ......

 

Was it liquidated rather than dissolved?.

As for "but my new accountant tells me the company was liable for its debts not me as an Ex director" : absolutely ("the corporate veil"), provided it isn't one of the exceptions I'd noted above "lifting the corportae veil". There ARE situations (usually deliberate wrongdoing rather than just "company went bust") where directors can be personally liable.