SE42740 - Director's undrawn remuneration lost in company's liquidation: adjustment to Schedule E liability - handling points
For details of possible adjustments to Schedule E liability when
director's undrawn remuneration is lost in a company's liquidation
see
SE42735.
This page tells you how to handle such a case in practice. If
a request to reduce the chargeable emoluments is received, this
should be referred, with the director's file, to the Inspector who
deals with the company's accounts. He or she will be responsible
for deciding whether or not the conditions are satisfied. Where the
conditions appear to be satisfied, the Inspector should obtain a
copy of the director's account with the company to which the lost
remuneration was credited and examine this to ensure that what has
been lost is in fact undrawn remuneration and not, for example,
funds loaned to the company by the director. Unless there is firm
evidence to the contrary it should be argued that amounts drawn
from the director's account in the relevant years are primarily
remuneration rather than recoveries of capital introduced. In cases
of difficulty the director's Schedule E file and the Corporation
Tax file should be referred, with a full covering report, to
Employment Income Technical.
