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

Plans submitted for 15-hectare mixed-use development in Lytham Lytham Illustrative Layout Plan

Plans submitted for 15-hectare mixed-use development in Lytham

27 Jul 2026

2

Your wealth took a lifetime to accumulate. Is it protected? Sarah Griffiths

Your wealth took a lifetime to accumulate. Is it protected?

27 Jul 2026

3

Peter Jackson the Jeweller acquired by WATCHO Peter Jackson

Peter Jackson the Jeweller acquired by WATCHO

24 Jul 2026

4

Blackpool Council chooses supplier for £250m Silicone Sands contract Silicon Sands

Blackpool Council chooses supplier for £250m Silicone Sands contract

24 Jul 2026

5

First finalists of the Lancashire Tourism Awards 2027 announced 1e764bad 6ec4 490f Bbd7 C4cb0910ff92

First finalists of the Lancashire Tourism Awards 2027 announced

24 Jul 2026

Blackburn College (July-Aug 26)
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
LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC Listing
Networking
24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Awards
16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa , Chorley

18:00 - 00:00

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD Listing
Networking
27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

The AI Lab: Marketing Multiplier
LBV Hub Roundtables
31 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Chamber Breakfast Networking – August
Logo.jpg.jpg
LBV Hub Networking
04 Aug 2026

Chamber Breakfast Networking – August

Morecambe Golf Club, Morecambe, LA4 6AJ

08:00 - 10:00

Morecombe Bay Walk
Morecambe-25-web-gallery4.jpg.jpg
LBV Hub Fundraisers
08 Aug 2026

Morecombe Bay Walk

Arnside, Carnforth, LA5 0HD

13:00 - 18:00

The Ultimate Network
Logo.jpg.jpg
LBV Hub Networking
13 Aug 2026

The Ultimate Network

Garner Hotel , Preston, PR5 0UL

16:00 - 18:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg
LBV Hub Fundraisers
11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

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