INS10323 - Calculating claims

Preferential claims

Introduction
Direct Taxes
Indirect Taxes

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The unsecured creditors scheduled in Part III Schedule 6 IA1986 have preferential rights.

Preferential creditors are entitled to receive payment before the non-preferential creditors, who can only receive a dividend payment after the preferential creditors have received full payment of their claims (100 pence in the pound).

Direct Taxes was a preferential creditor in accordance with Categories 1 and 3 of Schedule 6 for the types of tax shown below. VAS will also submit the claim on behalf of Indirect Taxes for VAT. Crown preferential status for taxes was repealed with effect from 15 September 2003.

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NIC Class 4

Select one year of NIC Class 4, normally the year with the greatest amount outstanding, except for the tax year in which the VA was approved.

PAYE & NIC class 1

This was classed as preferential if it fell during the 12 months immediately preceding the VA date (in company or partnership cases) or the date of the interim order (in individual cases).

NIC Class 1A

This is not classed as a preferential debt.

NIC Class 2

This was preferential in the same way as NIC Class 1. Details of the claim will be provided by NICO.

Regulation 49 Determinations

Regulation 80 (formerly 49) determinations (made to recover PAYE from an employer when the PAYE scheme has not been correctly operated or a form P35 has not been received) were preferential in the same way as PAYE. (Before 1992-93 these were known as Regulation 29 determinations.)

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VAT

The preferential element of the C&E claim was set out in Category 2 of Schedule 6 and related to VAT outstanding which fell during the six months immediately preceding

  • the date of the interim order (in individual cases) or
  • the VA date (in company or partnership cases)