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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a good will from the company. Now to extand my vis

Customer Question

Good evening! I bought a good will from the company. Now to extand my vis I need to show to Home Office "Duplicate HMRC Full Payment Submission"from previous company. How can I get it from HMRC? You can see a request from Home Office below:
If you have taken over or joined a business that employed workers before you joined it, you must provide the following documentation for the year immediately before the jobs were created and the year that the jobs were created, showing the net increase in employment, which you must sign and date:
1. Duplicate HMRC Full Payment Submission (you could submit either 12 months worth of monthly Full Payment Submissions, or a financial year end document running AprilMarch) to HMRC under Real Time
Submitted: 6 months ago.
Category: Scots Law
Expert:  bigduckontax replied 6 months ago.

Hello, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question.

Did you actually buy a company? Please let me know and I can advise further.

Customer: replied 6 months ago.
Hi. Yes, we bought a company and transfered all staff. And now I need an evidence of transferring these people.
Expert:  bigduckontax replied 6 months ago.

Surely you received all the Corporation Tax files as part of the deal when you acquired the business?

Customer: replied 6 months ago.
I have all necessary documents. I need additional document - Duplicate HMRC Full Payment Submission from previous company. How can I get it from HMRC?
Customer: replied 6 months ago.
I bought a good will, not a company
Expert:  bigduckontax replied 6 months ago.

I am becoming confused. If you bought the company what is the previous company? On the face of it HMRC's request is sheer gibberish.

Expert:  bigduckontax replied 6 months ago.

Ah, I see; you just bought the company's business not the company. You will have to go back to the vendor for the necessary certificate which would be in the tax files of the company from which you acquired the business. Of course, if the vendor did not pay the Corporation Tax (CT) due you are in a quandary.

The vendor should have discharged the employees and issued P45s for you to initiate action as new owners.

Customer: replied 6 months ago.
All of the employees were discharged and I have all of their P45 forms. I need HMRC Full Payment Submission to a job there proof of transferring all of the staff employed before I bought the business. It is crucial to have this document, who would I ask for it as of the company was in process of liquidation when I bought the good will.
Expert:  bigduckontax replied 6 months ago.

You would ask the receiver or the liquidator who would be in possession of the necessary files.

In the meantime you should advise the HMRC office who are asking for this data of the position pointing out the impossibility fo providing information to which you are not privy. What HMRC are requesting is little short of ludicrous. .They are requesting from you data which you are not in a position to give nor to which are you entitled.

Customer: replied 6 months ago.
This is a home office request, my question is can I or a lawyer request this information from HMRC or who should I contact to get this submission (HMRC Full Payment Submission for this business owned previously but a different company)
Expert:  bigduckontax replied 6 months ago.

So the Home office should be advised that this information is not in your possession, nor are you entitled to receive it. That Department must take it up with the liquidator or receiver of the other company. They are asking for an impossibility.

HMRC may well refuse to disclose such information. To start with you need to know the HMRC office who issued the certificate, if indeed one has been issued at all. If the company is in liquidation there is the possibility that the certificate was never issued in the first place if the vendor company never settled the taxes due.

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