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Many directors assume HMRC will always wait or that tax debts are treated more leniently than other liabilities. Unfortunately, HMRC has significant enforcement powers and is one of the most common creditors to issue winding up petitions against UK companies.
How HMRC Views Unpaid Tax
HMRC treats unpaid VAT and PAYE particularly seriously. PAYE deductions belong to employees, and VAT is collected on behalf of the government. When these sums are not passed on, HMRC often views this as a sign of deeper financial problems rather than a temporary cash flow issue.
Repeated late payments quickly place a company on HMRC’s radar.
The Powers HMRC Can Use
HMRC can pursue unpaid tax through debt collection agencies, distraint action against company assets, statutory demands, and winding up petitions. Unlike many trade creditors, HMRC does not need to wait for prolonged non payment. Once a debt is overdue and undisputed, enforcement can begin.
Further detail on how HMRC arrears lead to insolvency can be found at https://www.parkerwalsh.co.uk/articles/hmrc-arrears-and-company-insolvency.
What Happens When HMRC Petitions
Once HMRC issues a winding up petition, it is advertised publicly. Banks routinely freeze company accounts at this point, often without warning. This can prevent wages, rent, and suppliers from being paid, even if the business was still trading days earlier.
At this stage, directors often feel they have lost control of the situation.
Can HMRC Be Negotiated With?
HMRC does agree to Time to Pay arrangements in some cases, but timing is critical. Early engagement and realistic proposals are essential. Once enforcement action is advanced, HMRC is far less flexible. More information about Time to Pay arrangements is available at https://www.parkerwalsh.co.uk/articles/time-to-pay-arrangements.
Professional representation can significantly improve communication and outcomes.
Acting Before Control Is Lost
Directors who seek advice early are more likely to retain options. Understanding HMRC’s powers allows action to be taken before irreversible steps occur. Free initial discussions are available at https://www.parkerwalsh.co.uk/articles/free-insolvency-advice.
I am Molly Monks, a licensed insolvency practitioner at Parker Walsh. I have over 20 years of experience helping directors with the financial struggles they may face. I understand that it can be overwhelming and stressful, so I offer practical straightforward advice, which is also free and confidential. I spend time with directors to get a good understanding of their business and their goals, therefore providing the best tailored advice possible.
Email: molly@parkerwalsh.co.uk
Phone: 0161 546 8143
WhatsApp: 07822 012199