After it’s cessation of trade in 2014, the Company was subject to an HMRC enquiry into the 2012/13 tax year where HMRC contend PAYE and NI totalling £112,710 is due. The Director had taken specialist professional advice at the time and was advised that no liability existed. Whilst it was initially agreed that the disputed tax would be stood over pending the outcome of the dispute, HMRC subsequently issued a notice for advance payment of this disputed amount and, in the absence of any appeal right, the Company joined a joint judicial review to challenge the validity of these notices, the outcome of which remains outstanding.
In the interim HMRC have issued late payment penalties totalling £16,906 which themselves have been challenged via the tax tribunal and deferred pending the outcome of the initial dispute.
Should any of these amounts be found to be payable, or the directors are no longer be able to fund the defence payments, it will be necessary to liquidate the Company.