Notifications
Clear all

Personal Tax

9 Posts
5 Users
0 Reactions
2,369 Views
(@dandydon)
New Member
Joined: 14 years ago
Posts: 3
Topic starter  

I have recently entered into a trust deed which became protected prior to christmas. One of my creditors was HMRC for personal tax payment which became due after i submitted a self assessment. HMRC are continuing to pursue me for the money and are close to legal proceedings. My trustee has said not to worry and treat them as any other creditor however HMRC are saying they have had no notification of my trust deed and would not accept this anyway.

Can anyone please advise if HMRC are correct to pursue this money???


   
Quote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi dandydon and welcome.

If this HMRC debt existed when you signed your trust deed, and you now have a protected trust deed, there is nothing at all to worry about.

I suggest you ask your Trustee to contact them.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
(@dandydon)
New Member
Joined: 14 years ago
Posts: 3
Topic starter  

Great thanks for your help. I also have an outstanding self assesment for the tax year 2010-2011 to complete and i anticipate owing money as well. Is it possible to add this debt to my trust deed?


   
ReplyQuote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

If the money was owed at the time you signed you should be fine.

I'd suggest talking to your trust deed firm to confirm this and so they can advise you how to proceed.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

Was this 2010-11 return not discussed with your trustee prior to you entering the trust deed?

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
ReplyQuote
Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Hi
Any tax due up until the date of your Trust Deed should be included, and should have been addressed at the time of signing. This could have a huge implication for the other creditors and the dividend they are expecting.

Shona is not currently posting in the Trust-Deed.co.uk forum.


   
ReplyQuote
Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

The recommended course of action for a self-employed person entering a trust deed is to make up accounts for the tax year up until the date of signing the trust deed, and then start another accounting period for the rest of the tax year afterwards.

This way it is a lot clearer as to what tax liability is included in the trust deed and what is not. So not only is there 2010-11 to include but there would also be a chunk of 2011-12

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
ReplyQuote
(@dandydon)
New Member
Joined: 14 years ago
Posts: 3
Topic starter  

The problem was not caused by me filing a return after being self employed. I have always been PAYE and the reason I was sent a self assesment was due to a discrepancy they received in connection with a P11D and benefit I was receiving from a company car. HMRC have sent me a self assessment for the last 3 years and it appears my tax code has been consistently wrong even although I have been PAYE and my circumstances hadnt changed in the 3 years.


   
ReplyQuote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

That must be frustrating dandydon.

Hopefully you'll find that any money owed will pre-date you signing the trust deed and therefore be included amongst the other creditors.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
Share: