Insolvent trading?
My client is sufferring in the current economic climate.
The good news is that they are continuing to get orders, their customers are paying on time and they are only a couple of months behind paying trade creditors. The P&L shows a small profit. However, they owe HMRC re PAYE, VAT & Corporation tax. They had a payment plan in place and were keeping up with the payments until last September. They have only made minimal payments since then.
They are in the process of trying to sell their house and will use some of the funds to repay the HMRC debt (they have a substantial amount of equity in the house).
Could they be prosecuted for wrongful trading as the company doesn't have the money to pay HMRC? Would the fact that the directors are trying to raise the money to pay the debt be sufficient to say that the company is a going concern? The bank is supporting them and has recently given them a loan, with personal guarantees from the directors.
Should they speak to an IP? They want to avoid incurring these costs if they can avoid it.
- Is Dropbox right for your client comms? Webinar 15 May 288
- Set up a company pension 242
- 2011 FHL loss & ITA 2007 s74a 213
- HMRC Lost PAYE Clients 182
- Driving sales growth 177
- EIS 176
- Where's our 10%? 173
- Regiatration of a Trust 172
- Cost of converting property - who pays? 170
- Double holidays for Euro bank accounts ! 162
- Accounting for gift vouchers - paid for and donated 152
- IHT business relief of unlisted loan stock 148
- Best structure 147
- Inorporation using S165 gift relief 145
- Break up basis accounting 143
- Forms P11D[b] and Payment Slips 140
- Property owned privately 136
- Can I defer direct customer acquisition costs? 136
- Mortgage application for intending director. 134
- Membership of trade association - tax deductible? 130



Wrongful trading