INS10153 - Introduction to Voluntary Arrangements

Debt management and insolvency

Debt management
Insolvency

click here to return to topDebt management

Indirect tax debts are pursued by Debt Management Units (DMUs). If they remain unpaid debts pass to The Civil Recovery Unit (CRU) in Liverpool. CRU instruct solicitors Clarke Wilmott to issue statutory demands (SDs), 7 Day warning letters (7DWLs) and petitions.

Direct tax debts are pursued by local Recovery Offices. If they remain unpaid EIS will issue a statutory demand or seven day warning letter (companies) and instruct HMRC Solicitor to issue a petition.

When any debt exceeds £100,000 both direct and indirect taxes are linked, the largest value of debt having conduct of the proceedings. Insolvency proceedings are taken under the provisions of the Insolvency Act 1986.

Petition action may result in the bankruptcy or winding up of a debtor.

click here to return to topInsolvency

HMRC prefers that debtors pay their debts in full and in the one sum. If they cannot achieve this HMRC will consider time to pay arrangements.

But if an insolvency order is made debt recovery must cease and insolvency procedures begin with the appointment of an IP and proofs of debt being lodged in the insolvency ( INS9200 onwards).

Insolvency ultimately provides debt forgiveness after all their creditors have shared in a dividend from the realisation of the debtor’s assets.