Corporation Tax - Insolvency Problems

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Corporation Tax - Insolvency Problems

Postby sadcomp » Thu May 20, 2010 6:36 pm

Hi Everyone, I am in a bit of a pickle and could do with some advice.

I was in a legal battle with HMRC for approx 2 years as they withheld a VAT reclaim of mine, and after a lengthy court battle they admitted they were wrong and paid me back my reclaim. Once I had finally received the reclaim money back I withdrew the money from the company on the basis that I was paying back my personal savings (that I had used for barristers, solicitors etc), and my wages for the last 3 years.

After the case I was allowed to claim for fee’s which is normal when winning a case. This meant I would receive the money back into the company which I had take to replenish the losses I had taken personally which I took out of the reclaim repayment. I was awarded these costs, however in a very mean twist of fate, HMRC paid my consultant back (who worked for me on the case) instead of me, and he is now subsequently holding the money as he believes he should get paid first for his work before I get my costs back. What he fails to remember is that I have actually paid him already over and above what he has done...but anyway that is a story for another time!

In turn this now means that as HMRC paid this man my money back that was going to be used for the corporation tax I owed, I now cannot afford to pay them. As you can also imagine there is no love lost towards HMRC on my part but I do see my Corporation Tax issue to be a problem very soon. I have instructed a solicitor regarding the tax consultant but I just want to draw a line under it all and would prefer to tell HMRC to get it from the consultant now as it was their mistake.

I know its complex but can someone please give me their thoughts.

1. I did not trade from this company after HMRC withheld the money.
2. I fought for the Corporation Tax to be put on hold until the outcome of the case (which was successful) but now they are chasing again even though the costs are not fully resolved.

I need advice on how I can walk away from this company with minimal financial problems as I feel that the company is now unfortunately tainted by the whole situation and I have no desire to make money in the UK for the UK Government when I have been treated like this.

Thanks in advance to anyone that takes the time to respond.
sadcomp
 
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Joined: Thu May 20, 2010 6:19 pm

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