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

Plant Hire company to expand with funding from HSBC Buckhurst Plant Hire

Plant Hire company to expand with funding from HSBC

27 Feb 2026

2

Zuber Issa makes a French connection EG On The Move

Zuber Issa makes a French connection

26 Feb 2026

3

Northern Trust submits plans for a commercial development in Morecambe Northern Trust submit proposed plans for Morecambe

Northern Trust submits plans for a commercial development in Morecambe

25 Feb 2026

4

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort Aviktas ride

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort

24 Feb 2026

5

AFD Systems accelerates digital transformation with Made Smarter funding AFD Systems

AFD Systems accelerates digital transformation with Made Smarter funding

24 Feb 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
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

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

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

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

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