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PAYE Liability

If your limited company owes PAYE payments to HMRC some Directors assume that if they close the company the debt “dies”.

HMRC are starting to lose patience with some directors who have a series of failed businesses.  Take Michael Eames who was sole director / shareholder of A1 Recovery Portsmouth Limited (A1RP).  The company went it to  liquidation in July 2017 owing HMRC in excess of £100k (plus interest) in unpaid PAYE.

Under section 121C HMRC exercised their right to convert the corporate liability to a personal one.  Whilst HMRC made no allegations of fraud they determined that Mr Eames was neglectful in his duties.

You will also need to be aware that even if you don’t put your company in to liquidation any interest incurred isn’t a corporate liability, it is considered a director / shareholder liability and therefore is put against your Directors Loan account on your balance sheet.

Beware, if you owe HMRC as a Director / Shareholder, they may be coming after you.


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