Overcoming Taxes Due

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Who would have anticipated back in 2007 when businesses were once flourishing and hitting their peak, that they would now be facing such difficulties that they are on the verge of being declared bankrupt? With HMRC looming around issuing warnings and threatening to take legal action for tax arrears which are proving impossible to pay in the current economic climate, businesses are eagerly seeking a way out of the obstacles created by the once reliable banking system.

The Inland Revenue’s launch of the ‘Business Payment Support Service’ (BPSS) last November, was hoped to be a ray of light through this dark phase businesses are subsequently finding themselves to be facing. But instead the BPSS has proved to be more of a business tormenting service than a supporting service whereby they are inviting businesses to defer the looming tax liability which in the interim continues to build up by the day. A dangerous approach when businesses are not using the deferred period effectively, and are finding themselves in the same or a worse predicament upon the expiry of that period as they are finding the system has not reduced the tax liability, but just deferred the crisis it was previously facing.

A sector spokesman said that “in many cases the fast track tax deferral system is not an effective way to overcome the tax burden…in fact it can make the problem bigger than what it initially was. It is for this reason our tax specialists and in house legal team are able to effectively renegotiate and agree terms directly with HMRC to set up time to pay plans which are realistic and more favorable to these struggling businesses to enable them to rise from their falls”.

Of course businesses can attempt to come to an arrangement themselves, but often its back to square one soon after due to the lack of support provided by HMRC. A sector spokesman stated that “in order to help these businesses overcome their tax liabilities it’s vital for tax specialists to produce a viability report of the business with a realistic view of their ability to repay the outstanding debt. We often find that around 40% of clients requiring our service have been issued with legal proceedings by HMRC as they have not been able to generate the capital in the short deferment period which has proved to serve no purpose, and require a trained tax specialist to renegotiate the arrangement with HMRC”.

For practical purposes a business with outstanding tax arrears has 2 options to avoid the possibility of becoming bankrupt. Firstly, it can take the risk of entering the BPPS scheme and put together a plan to repay the tax often expected in a lump sum after the deferred period to prevent any legal proceedings being issued, or alternatively seek professional advice from tax specialists who can assist businesses in financial hardship clear their tax debts while allowing them to continue trading and once again head towards the boom.
Tax arrears are therefore a real and serious problem effecting thousands of businesses nationally. Whichever path a business takes it is important to take action now as fundamentally HMRC do have the power to wind any business up.

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