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bigduckontax
bigduckontax, Accountant
Category: Tax
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Hi we are Building Contractors in dispute with HMRC. first

Customer Question

Hi we are Building Contractors in dispute with HMRC. first we owe them 43107.83 which is not in dispute, we had a Payment Holiday which was agreed with Revenue to complete a 4.5Million Project with the understanding when the Project was complete, we would have ample resources to clear the Debt. Unfortunately this period has expired and due to the weather conditions over the last 2 months and other delays, we will not finish the work until late April. that said HMRC have issued a Winding Up Petition to be heard on the 10 March 2014. the petition claims the above amount plus an amount for Income Tax for Month 8 2013 for an additional sum of 262,149.60, This is an error by HMRC and I have discussed this with them and they realise, although they have yet to admit it, they have made an error but they don't know how the error has occurred, they tell me they will investigate and remove this amount from the petition prior to the Court Hearing. I am in discussion with the Revenue to apply for further time to pay inline with our anticipated completion but in the meantime can I apply to the Court to have the Petition removed as the Petition as its stands is defective.
Submitted: 2 years ago.
Category: Tax
Expert:  bigduckontax replied 2 years ago.

Hello, I'm Keith and happy to help you with your question.

 

In my experience I don't think you can. However, you could apply to the Court to have the case adjourned to a later date to allow the plaintiff time to amend his claim. The main bulk of HMRC's claim is perfectly legitimate, the debt is over GBP 750. There was a case many years ago when the limit for winding up was GBP 50 and someone put I think it was ICI or BP into court on a winding-up petition. Counsel for the company simply scoffed at the petition but the judge merely looked over his glasses and asked on what grounds a winding-up should not be ordered. The company settled the debt on the spot.

 

Your company is in very dangerous waters, even though HMRC's attitude might seem a trifle heavy handed, they are within their rights. You must put this in the hands of a competent solicitor immediately; waste not a moment or your could loose everything, at a stroke as it were.

 

Get round to a solicitor without a moment's delay; preferably one with an insolvency practice; it is vital.

Expert:  bigduckontax replied 2 years ago.

You question keeps re-appearing, a glitch in the Just Answer system I suspect. This post is just to clear the system!

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