ECH17035 - Directors: Recovery from the Director personally


When omissions of directors expenses and benefits are discovered it is Departmental policy to settle the duties arising with the director personally, usually by a contract settlement.

Contract settlements with individuals are referred to for accounting purposes only as


  • Class 1A settlements

Directors may be liable to penalties for the submission of incorrect or late personal tax returns ECH17025.

If the company settles, rather than the director, there would be a perception that directors were being relieved of their statutory responsibilities.

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Note:

Omissions of expenses and benefits for directors typically arise in 'close company' situations. In these situations directors can be instrumental in arranging untaxed rewards. (This text has been withheld because of exemptions in the Freedom of Information Act 2000)

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