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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My husband and I will possibly be charged in December with

Customer Question

My husband and I will possibly be charged in December with failure to,pay tax to hmrc for our company and money laundering. They have not so far seized our assets However we only have our house (mortgaged) but no other assets or money. Is it likely they will seize our house. As we want to sell it to raise money to pay hmrc back
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
The HMRC are fairly vicious creditors. However, it is very difficult for any creditor, even the Revenue, to get access to the property in which you live. For moral reasons they will not be deterred. I'm afraid they are far more potent prosecutors than the DWP.
I would put it on the market now if that is your intention anyway. Try to sell it and repay early before they do act.
If you do nothing at all and bury your head in the sand then they may try to seize your property. It depends how much equity there is really. If you are in a position to remortgage to raise the revenue to repay then you could do that before the revenue will act.
On your primary point though, if you take no action to resolve this then they could seize it I'm afraid.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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Customer: replied 1 year ago.
Our solicitor is trying to get the charge changed to a civil one. Citing my
Husbands mental health ( severe depression and social anxiety) as he mismanaged the company rather than with criminal intent and apart from normal salaries we have not profited by this. No
Savings or any money just our house which we have had for 14 years. My husband thinks that the best course of action is to sell the house release the equity which may or may not pay the revenue in full and pay a year or two's rent in a house upfront. So we have somewhere to live. We have three dependent children also. Do you think that would be the course of action? We have to go back to the police station on the 23rd December to be charged ( already moved from June). Also
How likely is it that date may change again and obviously because of Christmas. How soon would we find out. Many thanks
Customer: replied 1 year ago.
Sorry. Meant to say. If we sell house and use some of the money for rent. Would it be frowned upon even though we haven't been charged
Yet?
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.
Will the equity pay off the amounts you owe?
Customer: replied 1 year ago.
Hopefully. Not sure yet. As do
Not know final amount we owe
Expert:  Jo C. replied 1 year ago.
The Revenue aren't going to like it but if they haven't seized your assets or charged you then they can't stop you and ultimately you have to live somewhere.

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