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Insolvency and family companies

25 October 2021 / Andrew Hubbard
Issue: 4814 / Categories: Comment & Analysis
62078
Actors’ adviser fails to act on advice

Key points

  • The director took a low salary from her company but failed to repay the director’s loan account each year.
  • A substantial tax charge arose under CTA 2010 s 455 which was more than the company could afford.
  • The accounts entry for outstanding loans was changed to drawings but the court said this had no legal effect.
  • What can the adviser do when the client does not act on their advice?

My dad had a favourite saying: ‘Never put off till tomorrow what you can do next week!’ That echoed down the years for me as I read a recent case concerning the insolvency of an owner managed business J Bass and others v B Buchanan (tinyurl.com/4ud9aset).

If ever there was an object lesson on when not to follow my father’s advice this is it.

Substantial business

The taxpayer (Mrs B) through her company provided...

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