DMBM605480 - Pre-enforcement: Preparing a case for enforcement: Enforcement and Insolvency criteria: Insolvency proceedings criteria

England, Scotland, Wales, N Ireland – direct and indirect taxes

Take insolvency action where

  • other methods of enforcement are not appropriate or have been attempted without success
  • there is no reasonable prospect of business rescue
  • (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
  • there are no or negligible assets and/or the overall debt position is worsening because further liability is arising at a rate much quicker than the debtor can pay or the assets will realise, or
  • this is a (This text has been withheld because of exemptions in the Freedom of Information Act 2000)company with assets but distraint has been unsuccessful.
But not where
  • part of the amount in CCP is subject to a suspended committal order or charging order, (This text has been withheld because of exemptions in the Freedom of Information Act 2000)