Liquidation involves the orderly winding up of your company, and distribution of assets to creditors and shareholders. Here, we outline what usually happens to tax debt in the event of liquidation, and the circumstances under which tax debt can be recovered from company directors by the ATO.
How do you avoid Director Penalty Notice liability? You can avoid Director Penalty Notice liability and its associated risks by following these steps:.
Assuming that you have had a conversation with your accountant about avoiding VAT penalties, you may now feel as though all of your options have been exhausted. This is where we may be able to help and provide you with advice for your specific situation.
In most cases, where a company has been responsibly managed, the debts of the company will remain with the company. As far as the law is concerned, a company has a distinct legal existence that is separate from that of its owners, managers, operators, employees and agents.
If you or your accountant has already spoken to HMRC, what follows will depend on how much confidence they have in your ability to pay and the status of your cash flow. If all communications with HMRC have been exhausted and you have tried a t ime to pay arrangement then you need to seek specialist, professional help.
Before the new legislation came into affect in June , a DPN gave a director 21 days notice in which they could put their company in Liquidation or Voluntary Administration to avoid personal liability. They still have to send a DPN, but the only options to avoid enforcement of personal liability are to pay the debt in full, or come to a payment arrangement.
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