How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

HMRC threatening notice of enforcement for distraint for Coporation

Customer Question

HMRC threatening notice of enforcement for distraint for Coporation taxed owed. Have tried to negotiate Time to Pay agreement but HMRC have refused due to previous TTP agreements that incidentally paid on time. Can offer 25% of total oustading immediately but need 6 months Time to Pay oustading. What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Have they said why they have refused this please?

JACUSTOMER-ivge231b- :

Because We have had Time to pay agreements for the last 2 years

Alex Watts :

Its bad news I am afraid.

Alex Watts :

The dates payments are due are set down in legislation.

Alex Watts :

HMRC does have some limited discretion and this is of course the TTP arrangement

Alex Watts :

However if HMRC there is no right of appeal

Alex Watts :

This means that you can not appeal the decision directly to HMRC

Alex Watts :

The only thing you can do is because HMRC is a public body, the decision can be Judicially Reviewed

Alex Watts :

This is where a High Court Judge could consider the decisions made by HMRC and decide whether they are allowed to by law and whether their decision is reasonable.

Alex Watts :

A Judge can agree with HMRC decision or remit it back for further consideration

Alex Watts :

But you would need a Solicitor to issue proceedings and represent you.

Alex Watts :

If you win then you could claim the costs back, but if you lose you may also have to pay HMRC costs

Alex Watts :

I am sorry as I know this is not the answer you want and it is certainly not what I want to tell you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-ivge231b- :

Hi Alex. their words were due to information provided, does this therefore mean that the initial payment proposal was inadequate are they likely to listen to a more realistic proposal to pay amount owing quicker?

Alex Watts :

Yes they could, but there are no rules governing what they will or will not accept.

JACUSTOMER-ivge231b- :

An offer of 25% within 2 weeks seems an acceptable offer and they balance paid over next 4 months

Alex Watts :

Well its a matter of opinion within HMRC I guess

Alex Watts :

What is reasonable to you or I may not be reasonable to HMRC

JACUSTOMER-ivge231b- :

Ok, so what steps do we take if this is refused in discussion tomorrow? also how long to go to Judicial Review?

Alex Watts :

JR - a Judge could give an indication within a few days.

JACUSTOMER-ivge231b- :

Read a lot about seeing specific tax lawyers, insolvency practioners

Alex Watts :

If it is refused then your Solicitor could send a JR pre action protocol letter

Alex Watts :

This will put them on nottice

Alex Watts :

Yes. Remember this site is for general purposes and not for very specialist advice

JACUSTOMER-ivge231b- :

understand

JACUSTOMER-ivge231b- :

Ok so general advice would be to talk to HMRC again and then what?

JACUSTOMER-ivge231b- :

Ok so general advice would be to talk to HMRC again and then what

Alex Watts :

Yes, talk to HMRC and then issue a Judicial Review pre action protocol letter

Alex Watts :

That is my adivce

Alex Watts :

advice

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice