In 2011 and 2012 the company made contributions from its profits in to an employer funded retirement benefit scheme. Some years later and after the company had ceased trading, HMRC contended that these amounts should be subject to PAYE and NIC, seeking amounts totalling £298,838 in respect of the transactions. The director had received contemporaneous advice from specialist tax advisors and legal counsel that no tax was payable and made full and transparent disclosures of all matters.
The director has continued his attempt to get these matters resolved so that the company can be brought to an orderly closure but has now received further assessments and notices for advance payments of tax of £132,812 using subsequent legislation in respect of an investment by the company of it's surplus funds during it's trading period, despite the company having received specialist advice at the time including sight of correspondence from HMRC confirming the tax treatment used.
Whilst the director has continued to personally finance these attempts to bring the matter to a conclusion, should HMRC pursue collection of these advance payments the company will have insufficient funds to make such payments and be forced into compulsory liquidation.