IHTM38477 - Bankruptcy and the Enforcement & Insolvency Service (EIS): procedure if the debtor is already bankrupt



If the debtor is already bankrupt and we are aware of the address of the Trustee in Bankruptcy/Official Receiver/Accountant in Bankruptcy (Scot), details of the IHT debt should be forwarded to EIS. We should advise the Trustee or Official Receiver that the IHT debt shall be forwarded to EIS to co-ordinate the HMRC claim.

EIS will take over conduct of the case in bankruptcy and submit the necessary proof of debt for the IHT claim.

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

If EIS has already instituted legal proceedings in connection with another HMRC debt, the IHT debt can be incorporated in the proceedings. Even if there are no other HMRC debts, we can ask EIS to check if a Bankruptcy Order has been made against the debtor.