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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Can a HMRC agent refer to Tax issues that relate to

Resolved Question:

Can a HMRC agent for VAT refer to Tax issues that relate to a company that was previously liquidated in arranging an inspection for a new company that has the same ownership. The first company was put into administration in October 2011 and the second company has its first inspection in May 2015.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Is this part of the current reason for visiting whatsoever?
Customer: replied 1 year ago.

Hi Alex


In October 2011 HMRC issued a winding-up order against the company, despite the company offering over seven different various time to pay repayment schemes. The bank put the company into administration after HMRC refused any deal whatsoever.

A new 'stand-alone' company was formed in 2011 with different roles for the former director and company secretary and has traded from that point till now and beyond.

A request was made for a VAT inspection on the new company in 2015 (March). We declined the first visit due to illness and another has been arranged for May 2015 but in conversation with the VAT Inspector he stated that HE HAD REFERRED TO THE FILE ON THE PREVIOUS COMPANY AND THEIR TAX ISSUES AND IF THEY HAD ANY IN THE NEW COMPANY THIS WOULD BE CONSIDERED?

We are not sure why there is even a file on the previous company when it was liquidated in 2013??

Surely, there is a case for pre-judgement and influence here?

Customer: replied 1 year ago.

Reply sent??

Expert:  Ash replied 1 year ago.
Sorry I was just in Court.
It makes no difference what happened with another Company.
They can not refer or even consider a previous separate Limited company especially when this is an enquiry into the VAT and not tax in any event.
Does that clarify?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.

I am just following up on this. Is there anything else I can help with? If so, please let me know.


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