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Personally liable
Key points
- In some circumstances HMRC may hold directors of a company personally liable for corporate debts.
- Advisers should be aware of when HMRC is required to evidence behaviour the behaviour threshold (if any) and how the notices can be appealed.
- HMRC can issue personal liability notices where the tax at stake is held on behalf of HMRC by a company (PAYE income tax National Insurance and VAT).
- In the Finance Act 2020 legislation was enacted to allow HMRC to shift outstanding tax debts for an insolvent (or likely to be insolvent) company onto the directors.
- A taxpayer may request a review of a personal liability notice. HMRC has 45 days to issue the result and if the department does not respond the notice is treated as upheld.
- Common grounds of appeal are behaviour or for VAT fraud that the director could not have...
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