Who are HM
Revenue & Customs ("HMRC")? Why do they
exist?
HM Revenue & Customs, formerly
HM Inland Revenue and HM Customs & Excise, perform one of the
most critical functions in the UK without which the country could
not function.
They collect taxes on behalf of
the Treasury i.e. VAT, PAYE/NI, Corporation Tax, Self-assessment
Tax, Landfill Tax, import duty etc amongst other
taxes.
What
is the UK Tax
Agent service?
This is a service that assists Sole
Traders, Partnerships, Limited Companies and Trusts who are
struggling to pay their Tax Bills to HMRC. This includes Self
Assessment, VAT, PAYE/NI Contributions, Corporation Tax and Capital
Gains Tax. We also work with Professional Introducers who may wish
to offer our services to their clients.
Are you
lenders or accountants?
We are neither Lenders or
Accountants. Our Tax Team work very closely with HMRC and have
developed a nationwide relationship with them. In essence our prime
function is not to lend money, thereby increasing our client's
indebtedness, but to construct Tax Payment Plans for our clients
which are sustainable and will allow them to trade out of their
present predicament.
How does it
Work?
Our professional Tax Team negotiate
with HMRC to arrange for payments to be made by affordable monthly
instalments often over a protracted period that is usually longer
than could be achieved by other methods.
The client receives
a free, no obligation consultation with a top level advisor who will
take full consideration of other creditor commitments and put
forward precise recommendations.
Why would
people want this service?
There are literally hundreds of thousands of
business and companies struggling to raise sufficient funds to pay
their Tax Bills whilst servicing other essential creditor
commitments. It is difficult to raise funds from banks or
remortgaging assets, and if there are personal guarantee's
outstanding, then closing a business is often not an option.
Failure to repay Tax Debts owed
to HMRC will ultimately end up in a 'Winding up Petition' or
'Bankruptcy'. Working with Express Tax Solutions could possibly
avoid this.
Is there a big
market for this service?
Yes. As
of March 2006, the total outstanding debt was recorded at £22bn with
£3.9 billion of tax credits overpayments remained to be collected by
HMRC at March 2007. This figure is only going to increase with the
many businesses experiencing a downturn over the last year thus
finding that they are unable to meet their Tax liabilities.
What is Unique
about this service?
Our
trained advisors have taken several years to learn the basis of
managing Tax liabilities, they have utilised HMRC own training
manuals to produce a comprehensive fact find that ensures they deal
with your unpaid tax in a professional and factual manner. A
comprehensive financial plan is drawn up and with HMRC approval all
payments are made via the Tax Team who will continue to monitor the
arrangement with regular 3 monthly reviews to accommodate changing
circumstances. The plan might also incorporate arrangements which
might have been made with other creditors in constructing a viable
solution.
Will there be a
black mark on thier name?
No, this
is a private and confidential arrangement between HMRC and the
client, we do not credit score or apply for references, nor do we
leave footprints or make public information.
Is this product
FSA regulated?
No, this
is a non regulated service.
Why can't I or my accountant achieve
the same thing?
Without a doubt both you and your
accountant will be able to agree a time to pay arrangement with
HMRC. However, your result may not necessarily achieve the ultimate
purpose of the assignment which is to ensure that the arrangement is
realistic and deliverable which is where we
excel.
We introduce a level of independency
which gives you what is often a much needed second opinion and
ultimately greater confidence in the proposals submitted to
HMRC.
From a HMRC perspective, that
independency creates important objectivity for them in assessing the
quality and merits of the case being presented to them.
It is essential for the agreement to
be adhered to whilst meeting all of your other ongoing commitments
such as wages, supplier payments, loan repayments and ongoing VAT
and PAYE/NI obligations.
HMRC have a difficult job to do and
they will rightly pressurise businesses in default to settle any
arrears as quickly as possible. Therefore, there is a real danger
that you may agree to an unrealistic plan which could place your
business in further jeopardy.
The moral is... leave it to the
experts.
What about
further bills?
As part
of the service our tax team will monitor the plan and carry out
periodic reviews to take account of future changing circumstances
and additional liabilities being incurred by the client, making
necessary adjustments to the plan where appropriate.
What happens if
my client cannot meet their monthly commitment in any one particular
month?
As previously stated,
the circumstances of the client may well change and subsequent
modifications to a payment plan may have to be negotiated.
What is the
minimum and maximum tax debt that you would look to
consider?
Our minimum Tax Debt
that we would look to consider is £500. There is no maximum.
Can you help
with longstanding tax debt?
Yes. We
can look to assist Sole Traders, Partnerships, Limited Companies and
Trusts who are facing Bankruptcy, Winding Up Petitions and those
with Frozen Bank Accounts.
I have been
served a Petition by HMRC to wind my business up, my account is
frozen, can you still help?
Yes we
can look to assist you, please contact us
Are there many
people doing this?
As far as
we are aware this is a unique proposition. There are organisations
such as Debt Management companies that sometimes include HMRC debt
within their debt management plans but generally such services are
geared to non priority debt which precludes non priority creditors
such as HMRC. There are other organisations, generally linked to
Insolvency Practitioners who do undertake initiatives with regards
to HMRC debt but once again, constructing full financial time to pay
plans is not generally what they are about and one must question the
motives of the I.P. involvement.
This is by no means an
exhaustive list but hopefully it will have provided you with an
insight to this very unique opportunity which both you and your
clients can take benefit from. We are sure there will be many other
questions you might wish to ask and we will be delighted to deal
with those on an individual basis by contacting us at the telephone
number or e-mail address given below.
Is this work and the outcome agreed
with HMRC confidential?
Yes, it is not disclosed in any
public records and is strictly confidential between you and
HMRC.
My business is unique/complex -
How can you quickly gain a proficient understanding to best
represent my
business?
Because we are experts at crisis
management and implementing turnaround solutions.
Our team has constructed many time to pay arrangements and
advises businesses who are experiencing financial difficulties each
year.
As such, we don't believe we are
overstating it when we say that we've encountered virtually all
industry sectors and facing a wide range of issues threatening their
survival.
Yes, we agree each business will
have their own unique features, however, the causes of trading and
ultimately cashflow difficulties are invariably very similar. These
can include:
the unexpected loss of key staff or
customers;
bad or slow moving debtors;
strong competition;
loss of operational efficiencies;
and
rapid growth followed by
overtrading.
In the current economic climate many
extreme external factors are impacting heavily on business and the
need for careful management is vital to
survival.
We can quite accurately gauge your
business difficulties and advise on a solution within a couple of
hours.
How long have I got? What are the
timescales
involved?
We will not normally make any
contact with HMRC until we've had, at least, a first meeting to
understand the financial position and make an initial assessment.
We will then normally contact HMRC
to agree a reporting timetable to undertake our detailed review.
This will take place after we have agreed a letter of engagement.
The length of this reporting timetable will depend on your
compliance record and size of the tax arrears and could be anything
between 3 - 14 days or longer in certain
circumstances.
As you can imagine, the time
pressures will be intense and if your management information is not
up to date then we (i.e. you, your accountant and Express Tax
Solutions) will have an extremely busy few days to formulate a
realistic plan.
Upon receipt of the proposals, HMRC
could respond on the same day or they could take a further week or
two to consider the proposals. Invariably, this is when the
negotiation phase starts.
It is worth noting that no two
negotiations (or indeed time to pay proposals) are alike and this is
where our experience will come into its own.
What happens if you conclude my
business is not
viable?
Our primary function is to provide
you with the best advice possible.
If we conclude that your business is
not viable then we would be doing you a major disservice if we
persevered with HMRC and reached an agreement if there was little or
no prospect of keeping to the plan.
In these situations, there may be
serious ramifications for directors in the event of wrongful or,
worse still, fraudulent trading as the position of the general body
of creditors would invariably deteriorate.
As a strict rule, we will not
support any proposal to HMRC in these circumstances as it would
undermine our credibility for future clients and arrangements but
more importantly, it does not provide you with the best advice.
If you have any concerns in this
respect, please call us as soon as
possible.