SAM106032 - Records: bankruptcy cases: bankruptcy: existing SA record with linked PAYE record (Action Guide)

When you receive formal notification on form INSOL 200 of a bankruptcy order, follow steps 1 - 26 below. The guide is presented as follows

Initial clerical action	Steps 1 - 4
Existing SA record - pre-bankruptcy record	Steps 5 - 10
PAYE record	Steps 11 - 16
New post-bankruptcy SA record	Steps 17 - 26

For details of how to access any of the SA functions, select ‘Index Of Functions’ on the left of the screen.

Initial clerical action

1.	Prepare an INSOL 100 sub-folder to hold the bankruptcy papers
	Note: If you are informed that a partnership under one court reference is bankrupt, you should contact the Official Receiver to check who is bankrupt. If the partners are bankrupt you should have separate court references for them
2.	Check if TNIDIS authority held. If there is no copy of the TNIDIS, or other authority, to repay the Official Receiver or other Trustee, you must request this by telephone or by issuing INSOL 103. Where the bankrupt taxpayer is a subcontractor, you must send a copy of the BY notification to the centralised CIS Team in Newry at: CIS Newry, Custom House, Carnbane Way, Carnbane Industrial Estate, Newry BT35 6QG
3.	If the taxpayer has a PAYE source, follow the instructions in the PAYE Manual at PAYE13060 onwards plus the following
	Insolvency Claims Handling Unit (ICHU) may ask you to provide an estimate of the PAYE income tax for the year of bankruptcy to be provisionally included in the HMRC claim. You only have to provide this information if ICHU request it. Retain a copy of the estimated PAYE income tax in the INSOL 100 folder that has been provided to ICHU on their request
4.	Send a copy of form INSOL 200 to
	The office with responsibility for the employer PAYE scheme, if the taxpayer is also an employer. This office will record the cessation of the PAYE scheme on the employer record

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Existing SA record - pre-bankruptcy record

5.	Use function AMEND TAXPAYER SIGNALS to enter
	Insolvency details
	Solvency Status ‘Insolvent’
	Insolvency Reference, using the pseudo reference BY0000/08 (BY0000/09 for 2009 and so on)
	Relevant Date
	Priority Colln Action (PCA) signal (this is important for Management Statistics purposes)
	The Insolvency reference number on free format notes
6.	Use function AMEND TAXPAYER SIGNALS to
	Enter the end of the year in which the bankruptcy order is made in the Last SA Return Required For Year Ending 5th April field, for example ‘08’
	Set the Manual Return signal to ‘Y’, if today’s date falls between 6 April and the date of the automatic selection process for returns issue. (Note: The return is to be issued to the taxpayer, not the trustee / Official Receiver)
	Where the annual selection process has already taken place before the Manual Return signal is set, as ‘BY Year’ returns must be captured using Local Data Capture (LDC), you must write to the taxpayer using SEES letter OCABY09 using the correct options and explaining that it is too late to stop the automatic issued tax return. Tell the taxpayer the return should be ignored and that the enclosed form SA100 should be completed in its place and returned to the issuing office
	The manual SA100 should be noted ‘BY’ in red in the top right hand corner and should be issued to the taxpayer and not the Official Receiver
	Note SA Return Summary with the clerical date of issue
	Update SA notes stating that the manual return has been issued and should be completed. The taxpayer cannot submit the year of bankruptcy return online. This UTR should not be reopened. It is only for the period up to the date of bankruptcy
	Inhibit the SA251 exit letter by setting signal ‘Y’
	Set the No Repayment signal to ‘Y’, to stop any overpayment being repaid automatically
	If not already done so, issue OCA letter OCABY09 choosing the correct options for the case
	Note: Once all these signals have been set on SA you must wait overnight to check the BY signal is set on the SA record. The PAYE link should also have been broken. You must wait until the BY signal is on the SA record and the NINO is no longer linked before you continue with step 7 onwards
7.	Use TBS function AMEND CAPACITOR DETAILS to cease any existing live capacity details
8.	Use SA function SET UP CAPACITY DETAILS to enter details of the Official Receiver or trustee in bankruptcy as main capacity on the SA record. Do not use TBS. In Scotland, ‘Other’ should be selected from the drop down menu and ‘Permanent Trustee’ entered in the Free Format Notes field (‘Trustee in Sequestration’ is not available in the drop down menu, and neither can it be entered in the limited space available in the notes field). Note: Where an Insolvency Reference is present on an SA record there will be no automatic flow of capacitor information between SA and TBS
9.	Use SA function AMEND TAXPAYER’S AGENT DETAILS to remove the agent details from the record and make a note of the agents details to update the post-bankruptcy record, where appropriate, in accordance with step 20. Make an SA Note of your actions
10.	If you are dealing with a case in which the Official Receiver is the trustee, inhibit the statement following the advice in Action Guide ‘Request Inhibition of Statement’ (SAM131031) before the next statement is issued
	Note: Where the Official Receiver (Insolvency Service) requests information in respect of a bankruptcy case, you should also send a manual statement
	The statement inhibition should not be removed until 3 years following the tax year shown in the ‘Last SA return Required’ field on the ‘Individual Signals’ page and there is no outstanding liability, or unallocated credits, on a statement. For example, at 6 May 2011, the last SA return required field shows ‘09’ or earlier.
	Notes:
	a) Where a customer is registered for online services, the noting of ‘Official Receiver’ in the capacity details automatically de-enrols them from online services. If the customer registers again, the activation code is sent to the Official Receiver who then returns it to the Online Services team. If the customer contacts us, you should advise them that the bankruptcy year should be dealt with by completion of a manual return and they cannot file online. If they wish to file online for years following bankruptcy, they should re-register using the new post bankruptcy UTR.
	b) Where the trustee is not the Official Receiver only inhibit statements where the trustee makes such a request

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PAYE record

11.	Follow the guidance in the PAYE Manual at PAYE13062 onwards for those PAYE cases with an existing SA record. If code NT has been operated late, the Official Receiver is still entitled to the tax repayment due for the period when code NT should have been operated if form TINDIS has been received
	This Freestanding Credit (FSC) must be transferred to the SA record
12.	If the FSC added to the SA record relates to the late operation of NT code this repayment should be made to the Official Receiver
	Note: Form TNIDIS is notification for the Official Receiver to receive the repayment. If this is not held you must request it by telephoning the Official Receiver or by issuing form INSOL103
13.	Action to be taken when FSC relates to the late operation of NT code and there are no outstanding debts on the SA record
	Use SA function CREATE FREESTANDNG CREDIT to enter the amount onto SA. The EDP will be set automatically at the date the FSC is created
	Select the [OK] button
	Select REPAY button. You will be taken to SA function ISSUE REPAYMENT FROM OVERPAID BALANCE
	Send the repayment to the Official Receiver as ‘Nominee’, unless the Official Receiver has requested that the payment is sent to an alternative address, or there is a different Insolvency Practitioner
	Use ‘The Insolvency Service’ as the Nominee Name. For surname, use ‘Service’ and for forenames use ‘The Insolvency’
	For the address use the Court Name and number (for example Nottingham 123/11), followed by the Official Receiver’s Birmingham address as follows OR Receipts & Payments PO Box 10856 Birmingham B2 4YT Note: For Official Receiver, Northern Ireland, cases, the repayment should go to the local office address, not the Birmingham address
14.	Action to be taken when the FSC relates to late operation of NT code and there are outstanding debts on the SA record
	Go to the Payment Processor role and select VIEW STATEMENT
	In VIEW STATEMENT identify the line number of the FSC
	Use the [Transfer] button for action to transfer to OAS account. Make a note of the OAS number
	If no OAS number given
	Go to the Clerical Processing role
	Select STATEMENT from main tool bar
	Select View Taxpayer Credit
	Select ‘credit’ and this will show the OAS number. Make a note of this number
15.	You now need to complete a form SA331 which can be found in SEES>other calcs>form SA331. Complete the fields and add in the ‘allocate’ box the name and address of where the repayment should go. You cannot electronically add in the name and address so print two copies and add on the Official Receiver’s address, also quoting the County Court Number plus the taxpayer’s name. Keep one form and forward the other to Accounts Office. Accounts Office will repay according to the SA331
	You must also carry out the following
	Update SA notes with ‘Freestanding Tax Credit £……. Repayment from XX/XX/XX date of bankruptcy to XX/XX/XX date NT code operated. When the manual return for the year of bankruptcy is processed this repayment should be taken into account.’
	Prepare a letter to the taxpayer advising of the amount of repayment sent to the Official Receiver and that this repayment should be declared on the tax return they will complete for the year of bankruptcy
	Prepare letter to Official Receiver advising them of the repayment to be made to them
	Pass all the paperwork to Technical Officer to review the repayment and to issue the letters. The Officer should also arrange for the FSC entry on W038 to be reviewed and cleared
16.	If there are any earlier debts from NPS which need to be transferred to SA, you must ensure that the tax repayment due for the period when NT should have been operated is dealt with as shown below, before transferring the NPS debts to SA
	Make an SA note ‘the FSC of £…… is because NT code was operated late. It cannot be set against any earlier year debts whether SA or PAYE and must be repaid to the Official Receiver in full.’
	If there are existing SA debts prior to the FSC being placed on SA, you must follow steps 14 - 15 above which will enable you to transfer the FSC to OAS. The FSC may have been allocated against any existing SA debts. If that is the case, the FSC may well be in parts. You will have to arrange using steps 14 and 15 above to allocate the FSC to OAS
	Use Function CREATE SUNDRY CHARGE to transfer earlier years debts from NPS

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New post-bankruptcy SA record

17.	After updating the pre-bankruptcy SA record with the capacity details you must wait overnight and check TBS. The TBS record must show that SA is dormant for you to continue with the steps below. If the TBS record does not show the SA record as dormant, you cannot continue to set up a post-bankruptcy SA record. You must wait until it shows SA dormant
	Note: Not all cases will need a post-bankruptcy SA record. This record will only be for cases that continue to fulfil SA criteria in that they continue in the trade / business / partnership they were involved in prior to bankruptcy or they commence a new business/trade/partnership. If form CWF1 / SA1 / SA400 is received following bankruptcy for a new source of income, these forms should be sent to CAAT in accordance with SAM100000 onwards to be dealt with. They should be identified to them as post-bankruptcy forms CWF1. They should be set up using function SET UP POST BY / VA INDIVIDUAL.
	A Directorship has to end when made bankrupt. It is not necessary to set up a post-bankruptcy record for a director unless other SA criteria is met
18.	Once the pre-bankruptcy SA record is shown on TBS as dormant, use function SET UP POST BY / VA INDIVIDUAL to create a new SA record for the taxpayer. You must use this function to set up a post-bankruptcy SA record. Once the UTR from the pre-bankruptcy record has been input, this function will
	Automatically populate the post-bankruptcy record with data from the pre-bankruptcy record, including
	Name, address and date of birth
	NINO
	Return details and signals
	Note: The data and values on the screen can be amended at this stage
	Automatically set the SA Entry / Exit Letter Inhibited signal to ‘Y’
	Automatically store the UTR of the original record on the on-going SA record, and store the UTR of the on-going SA record on the original SA record
19.	Use function SET UP POST BY / VA INDIVIDUAL to
	Set the ‘Liability Unlikely’ (LU) signal for the year of bankruptcy. For example, enter ‘12’ where the year of bankruptcy is 2011-12 and make an SA Note. However if today’s date falls after the automatic selection process, there is no need to set the ‘Liability Unlikely’ signal as you will not need to issue a return from this record for the year of bankruptcy (the return is to be issued from the old bankruptcy record rather than new record). Note: There is no need to remove the ‘Liability Unlikely’ signal as tax returns will be issued automatically in the years following the year entered in the ‘Liability Unlikely’ field
	Enter Communications Address details, where necessary, before using function MAINTAIN RETURN PROFILE
	Enter new capacitor’s details, where necessary, before using function MAINTAIN RETURN PROFILE (the new capacitor will not be the Official Receiver as this is a post-bankruptcy record). Note: The ‘Abroad’ indicator cannot be set if a postcode is present
	Use the ‘Return Profile’ button to access function MAINTAIN RETURN PROFILE to record the supplementary pages to be issued with the basic return
	Note: The information will flow overnight to the Citizen Identification (CID) Framework. If there is a current PAYE main source record a link will be created automatically between the SA record and the PAYE record
	Issue OCA letter OCABY09
20.	Where the source of income received is income from property
	Enter a free format note in function AMEND TAXPAYER SIGNALS
21.	If an agent was previously acting according to the pre-bankruptcy record, a new 64-8 is not required for this agent to be set up on the post-bankruptcy record. You cannot assume that following bankruptcy the agent no longer acts so you must use the same agent details on the post-bankruptcy record; unless you have been informed by either the taxpayer or the agent that they are no longer acting
22.	Where there is a new agent acting and a new 64-8 has been received send to CAAT in accordance with SAM100200 for them to process
23.	Where the individual taxpayer continues to have trading profits including profit from a profession or vocation. (Note: This excludes a partnership trade source, which must be set up on the partnership record)
	Use function SET UP TRADE, once for each trading source you want to set up. If the taxpayer has more than one trade / partner source, set up the main source first. Alternatively, where the SA record is not linked to PAYE, you can access function MAINTAIN SOURCES to nominate the main source
	If the source is within the construction industry
	Use function MAINTAIN COMPLIANCE SIGNALS to enter on the SA record the nature of the taxpayer’s involvement in the construction industry
24.	Where the taxpayer continues to be a partner
	Use function SET UP PARTNER, once for each partner source you want to set up (this creates a link between the individual taxpayer record and the partnership records) And where the SA record is not linked to PAYE
	Use function MAINTAIN SOURCES to nominate the main source, if the taxpayer has more than one trade / partner source and you did not set up the main source first
	Where the taxpayer commences a new business/partner in a partnership post-bankruptcy, form CWF1 / SA400 should be completed and dealt with by CAAT in accordance with SAM100130
	If SA registration is received through form CWF1 / SA1 / SA401 / SA402 and is for a period commencing well after the date of bankruptcy the record should be set up using SET UP POST BY INDIVIDUAL. This will ensure the NINO, UTR will be transferred across from the pre-bankruptcy record to the post-bankruptcy record correctly
25.	Where the taxpayer is responsible for operating Class 1 NIC on a DC source of PAYE income, ask the Employers Section to
	Open a Direct Collection (Employee Only NIC) scheme
	Issue the information pack as detailed in the PAYE Manual
26.	Where the taxpayer has indicated the requirement for special output, set the relevant signal (Audio, Braille or Large print). For Welsh Language cases only, contact HMRC Welsh Contact Centre, Ty Moelwyn, Porthmadog, Gwynedd, LL49 9AB or WAM box 906
	Note: Do not create payments on account for the year of bankruptcy on the new SA record. Any payments on account due for the year of bankruptcy exist on the old SA record. Adjustment to the payments on account for the year of bankruptcy (old SA record) and any payments on account due for the following year (new SA record) will be sorted out on receipt of the return for the year of bankruptcy

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