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bigduckontax
bigduckontax, Accountant
Category: Tax
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Experience:  FCCA FCMA CGMA ACIS
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I left the UK in May this year, I have outstanding tax to pay

Customer Question

I left the UK in May this year, I have outstanding tax to pay from 2013, and the fines and penalties keep mounting up, even though I am paying money each month. I also have to do my tax return from 2014, the deadline i thought was October for online payments, but apparently it was April, so the penalties have now become unbelievable. I can in no way pay my tax if they keep imposing these fines and penalties. I really need some advice on how to deal with this. I could do the easy thing and declare bankruptcy, but I want to do the right thing and pay my dues. I had a tax agent up until 2013, after which I have decided to do it myself, and it has gone horribly wrong. I was registered as self employed< but I think I was in the wrong bracket, as I was working as a labourer on a building site through an agency. I am now so scred I do not know what to do. I have secured a job overseas just to get out of this situation, thinking that if I leave, then this cycle will stop. Please can you give me some advice? I have no assets, no permanent address, I am an individual, not a business, yet I am being charged something like 600 pounds a month for being late. I know the goverment just wants what I owe, and I want to give it back, but it is impossible to do so with the ongoing penalties and fines. PLEASE HELP ME!
Submitted: 2 years ago.
Category: Tax
Expert:  bigduckontax replied 2 years ago.

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

My immediate solution is for you to present your own petition the Court for bankruptcy. If you are made bankrupt then the debt to HMRC and the constant hassle will disappear.

A second solution is to apply for a Creditor's Voluntary Arrangement, but this needs acceptance by your creditors and if HMRC are the only organization to which you owe moneys that consent is, needless to say, unlikely to be forthcoming.

One small point, when you left these shores did you send a form P85 to your tax office? If you did not you should remedy this deficiency. This will make you non resident from the date of your departure.

A personal bankruptcy might have serious implications in the country where you are now living. You will have to take this into account.

You should approach an UK solicitor without delay for guidance on how to proceed.

So sorry to have to rain on your parade, but you require specialist assistance immediately.

Customer: replied 2 years ago.

Hi Keith thank you for your advice.

I have secured a job overseas, but we have a registered office in London, and we have a joint U.K. business account. If I declare bankruptcy, will this have an effect on the business? I do not want to jeopardise my job in any way. All I want to do is stop these fines and penalties from HMRC. Is there a way to appeal? I would like to pay and clear my tax. I just need to stop the continuous fines. I have recently told HMRC of a change of address, and will inform them that I have left the country. I am currently paying to a debt collection agency.

How do I go about appealing and putting a stop to this?

Expert:  bigduckontax replied 2 years ago.
A company and its shareholders are separate legal persons. A personal debt cannot be pursued through the service company. However, check the company's constitution, it may preclude bankrupts fro being directors or even shareholders.
Tax returns must be filed as follows. For the 13/14 tax year they must be filed by 31 January 2015 when any tax and NI due must be paid and so on. If you have failed to file in the past or missed years you should do so immediately.
You should certainly communicate with your tax office to agree a mutual settlement schedule of sums alleged to be owing which is within your capability to manage.
I must advise you that it is essential to seek local, professional assistance immediately. Dealing with debt collection agencies is fraught with danger. They have often bought the debt from a third party and could not give a hoot as to whether the debt is actually due or not so long as they get their cash and hence the difference between what you paid and what they paid to the creditor to buy in the debt.
bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3130
Experience: FCCA FCMA CGMA ACIS
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Customer: replied 2 years ago.

Thanks for your advice Keith. I will call the tax office, and hopefully come to some sort of agreement.

Expert:  bigduckontax replied 2 years ago.
Thank you for your support.

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