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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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If I was to enter into an IVA because of some current unsecured

Resolved Question:

If I was to enter into an IVA because of some current unsecured debts and, later, HMRC found that tax was due in the period leading up to the date of the IVA, is it possible for them (HMRC) to "undo" the IVA?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Once you have set up the IVA, you are legally obliged to inform your Insolvency Practitioner if you become aware of any debt after the IVA has been set up.

HMRC may challenge the IVA within 28 days of them coming to know about it, so yes, HMRC may go to court to challenge your IVA once they come to know about it.

Hope this answers your question.
Customer: replied 3 years ago.

What if the IVA is short term - say 1 year - and it has expired. Subsequently, the tax issue arises - can it still be challenged?

Expert:  UKSolicitorJA replied 3 years ago.
The IVA may not be varied once it has expired as decided in the case of Strongmaster v Kay (2002).

So, no challenge then

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