HMRC petitions and debt recovery

By Opus Restructuring & Insolvency

16 Feb 2023

Opuslogorestructuring Insolvency Small No Background

Directors are facing challenging financial and operational pressures at the moment. One such pressure is the increased call in of tax debts following the removal of prohibitions on Winding Up Petitions.

Through the pandemic, HMRC reduced their pursuit of unpaid taxes from businesses. However, their debt collections are now returning to normal.

Although HMRC are focusing their resources on pursuing the most egregious tax cases, this is likely to shift to those cases where errors were made and not corrected.

HMRC petitions and crown preference powers
HMRC do not have a time constraint on petitioning for recovery of debt, which means that even tax liabilities that were accrued by business before the pandemic will continue to be chased.

Added to this, HMRC have crown preference status, which places their debt as higher-ranking creditor in an insolvency. This grants HMRC preferential status in respect of any unpaid VAT, PAYE and NIC debt in any liquidation or administration initiated after 1st December 2020.

For directors where significant tax debt is owned, this is a pressure that will only increase over time if remedial action isn’t taken.

How can I resolve my tax arrears with HMRC?
Although HMRC have significant powers, they are fair with directors when it comes to arranging a debt repayment plan, provided the business can show capacity to repay their debts.

First and foremost, you should contact HMRC as soon as is practically possible. Opus Restructuring and/or your accountant will be [email protected] able to assist with this process and provide cashflow and business commentary to support your position.

HMRC will assess the business’s accounts to consider its solvency and decide if a payment plan is suitable.

If the business is financially viable, but cannot pay in full due to cash flow problems, HMRC can offer a Time To Pay arrangement. This gives directors the breathing space needed to repay their tax arrears, usually through a payment plan for a period not exceeding 12 months.

An important point to note for directors is that while they are generally protected by limited liability, the recovery powers granted to HMRC mean directors can face greater personal liability for tax debts held by the company in the event of insolvency.

For this reason, directors should consider seeking assistance from a specialist to reach an acceptable and achievable agreement with HMRC, particularly if there are significant and complex tax arrears that are owed.

A free and confidential consultation can arranged with Ian McCulloch at the Preston office of Opus Restructuring & Insolvency by calling 07854 031177 or e-mailing [email protected]

Latest news

1

PNE confirm talks with US-Saudi businessman Preston North End

PNE confirm talks with US-Saudi businessman

27 Jan 2026

2

Lancashire innovation growth programme boosted by new senior appointments Prof Andy Schofield Prof Graham Baldwin Rebecca Latham Dr Robert Holbrook

Lancashire innovation growth programme boosted by new senior appointments

27 Jan 2026

3

Airframe Designs announces rebrand to AFD Systems AFD Systems team

Airframe Designs announces rebrand to AFD Systems

26 Jan 2026

4

£453.5m investment to deliver advanced new radar for Royal Air Force Typhoons Typhoon aircraft

£453.5m investment to deliver advanced new radar for Royal Air Force Typhoons

22 Jan 2026

5

Rose departs EG ahead of US IPO EG

Rose departs EG ahead of US IPO

22 Jan 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Chamber Breakfast – February
Logo.jpg.jpg
LBV Hub Networking
03 Feb 2026 - 03 Feb 2026

Chamber Breakfast – February

The Olive Branch, Lancaster, LA1 4XQ

08:00 - 10:00

AI Growth Accelerator
AI Growth Accelerator 1.png.png
LBV Hub Webinar
04 Feb 2026 - 04 Feb 2026

AI Growth Accelerator

Online, _, _

12:00 - 12:20

Cyber Resilience Boardroom Session
Cyber Resilience Boardroom Session.png.png
LBV Hub Webinar
04 Feb 2026 - 04 Feb 2026

Cyber Resilience Boardroom Session

Online, _, _

13:00 - 13:20

Business Breakfast Networking Event
LBV Hub Networking
04 Feb 2026 - 04 Feb 2026

Business Breakfast Networking Event

Media Factory, University of Lancashire, Preston, PR1 2HE

08:00 - 10:30

Degree apprenticeship information sessions for businesses
student centre entrance.jfif.jpg
LBV Hub Webinar
10 Feb 2026 - 13 Feb 2026

Degree apprenticeship information sessions for businesses

University of Lancashire, Virtual event, -

10:00 - 09:30

E-commerce in 2026: From stores to systems
PTC banner Feb 26.jpg.jpg
LBV Hub Networking
10 Feb 2026 - 10 Feb 2026

E-commerce in 2026: From stores to systems

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

The Business Network Central and East Lancashire
LBV Header (29).png.png
LBV Hub Networking
11 Feb 2026 - 11 Feb 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin