What are my options if I can’t pay my company tax?
All limited companies must file annual accounts and pay Corporation Tax on their profits. But what happens when the payment deadline approaches and you realise you don’t have sufficient funds to pay your tax bill on time?
If you find yourself in this position, you’re certainly not alone. Having unpaid tax liabilities is not uncommon, and with the right help, you can get back on track and avoid the debt recovery actions of HMRC.
What is Corporation Tax?
What is Corporation Tax?
Corporation Tax is a tax limited companies pay on their profits. If you don’t make a profit, you don’t have to pay Corporation Tax, but you must still notify HMRC. You can also carry forward losses from previous years to reduce your tax liability.
All company directors must register for Corporation Tax within three months of starting to trade under a limited company structure. You must pay your Corporation Tax nine months and one day after the company’s year-end. It’s worth preparing your financial accounts as early as possible so you know how much you owe and have more time to get your finances in shape.
What happens if I can’t pay my Corporation Tax?
If you don’t have the money in your account to pay your Corporation Tax when it’s due, doing nothing isn’t an option. You will receive a penalty if you do not contact HMRC to explain your situation and you will be charged interest on the liability from the day after your tax bill should have been paid.
HMRC will escalate the nonpayment by referring the matter to its enforcement team. You will receive a payment demand. If you do not respond or pay what you owe, the next step is for an HMRC enforcement officer to visit your business premises to identify goods they can seize to cover the value of the debt.
From this point, the matter can get very serious very quickly. HMRC has a powerful and unique range of enforcement measures. If it believes your business is insolvent, it can issue a Winding Up Petition against your company to force it into liquidation. That will prompt an investigation by the liquidator into how you have run the company’s affairs. If the liquidator finds acts of wrongful or unlawful trading, you could be made personally liable for company debts or be disqualified from acting as a director in the future.
Given the severity of the situation, you should contact an insolvency specialist at your earliest opportunity. We will talk you through your options and help you make a plan to get back on track.
What are my options if I can’t pay my Corporation Tax bill?
What are my options if I can’t pay my Corporation Tax bill?
Time to Pay (TTP) Arrangement
If you could pay what you owe if you had more time, you should contact HMRC and enquire about setting up a Time to Pay Arrangement. That will allow you to pay your Corporation Tax bill in monthly instalments over a typical period of three to six months, although a term of up to 12 months might be possible. You’ll also have to keep up with all your other tax obligations during this time.
Before making the arrangement, HMRC will look closely at your finances. It will expect to see sales and cash flow forecasts for the coming months and will ask what measures you have taken to repay the debt.
You can negotiate a TTP Arrangement with HMRC yourself. However, asking a licensed Insolvency Practitioner to act on your behalf can be beneficial. We understand how the tax authority operates and can propose a deal that is attractive to HMRC but is also affordable for you.
Formal insolvency procedures
if HMRC believes the repayments are unaffordable or you have previous defaults, it may not grant you a Time to Pay Arrangement. However, there are other options you can explore.
A Company Voluntary Arrangement (CVA) is a formal insolvency procedure that allows you to renegotiate your debts and pay them over a period of up to five years. As part of the process, you will have to create a proposal, with the help of an Insolvency Practitioner, which details how much your creditors will receive over what timescale.
Need advice?
Need advice?
At Scotland Liquidators, we have vast experience helping businesses struggling with Corporation Tax liabilities. We will review your financial position, guide you through your options and act on your behalf wherever necessary. Get in touch for a free, same-day consultation or to arrange a meeting at one of our offices in Scotland.
