Advanced warning; I'm about to bang on (again) about s.127(1) of the insolvency Act 1986, and what it means for companies faced with the presentation of a winding up petition. For those not in the…
Company Voluntary Arrangement: What, Why, When?
I had an interesting meeting with the head of services for a local authority nervous about my client’s financial status following its entering into a Company Voluntary Arrangement (“CVA”). The client’s contract with the local…
Directors personal liability in costs in winding up proceedings
It’s not often we ask directors to personally fund costs of legal services following the issue of a winding up petition, but it is a necessary move given s.127(1) of the Insolvency Act 1986. For…
Time To Pay? New VAT Late Payment Penalties
It is now more expensive to be late when it comes to making a VAT payment. The slowest payers now face a 250% increase to an annualised rate. In addition, the rate of late payment…
What is a Validation Order (And What Does It Have To Do With a Winding Up Petition)?
The word 'Validation' means different things depending on its usage. The dictionary lists: 'acceptance', 'affirmation', 'authorisation', 'corroboration', endorsement, proof, 'recognition', 'verification'. In the context of insolvency (both bankruptcy and company), a validation order is a special…
What is a Winding Up Petition?
A winding up petition is legal action taken by a creditor ie HM Revenue and Customs (HMRC) to force a company into closure because it cannot pay its debts. Essentially, a winding up petition is…
HMRC and Time to Pay Arrangements: What You Need to Know
HMRC and Time to Pay Arrangements: What You Need to Know When facing financial difficulties, paying taxes on time can be a challenge for individuals, partnerships, and companies alike. On a discretionary basis, His Majesty's…
First aid for ailing businesses: let us help you!
Sadly, no matter where we are in the economic cycle, there are businesses which find themselves in distress. Given higher interest rates, increasing costs all round, not to mention the ever-increasing tax burden, it’s not…
Court of Appeal rejects HMRC’s argument for special treatment in winding-up dispute
There’s a new government in Westminster and a “black hole” in the public finances so, HMRC might be forgiven for feeling under pressure to increase its recovery of unpaid taxes. But what is unforgivable is…
Small businesses top tax gap defaulters
The tax gap increased in 2022/2023, to a record £39.8 billion, with small businesses being blamed for around 60% of uncollected taxes. The tax gap is the difference between the amount of tax that should,…