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Time to pay arrangements & HMRC Debts

Advising you at every stage

We at Chamberlain & Co are familiar with the difficulties, stress and complexity experienced by companies or individuals who have outstanding tax due to His Majesty’s Revenue and Customs (HMRC) (be it PAYE, Corporation Tax, Self Assessment or VAT).

We are here to offer expert advice and assistance in navigating Time to Pay Arrangements (TTP) and providing the best options for resolving HMRC arrears.

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What is a HMRC Time To Pay Arrangement?

It is a payment plan between a taxpayer and His Majesty’s Revenue and Customs (HMRC) for tax debt repayment. It enables people and organisations with cash flow issues to pay their tax bills over a predetermined time, often in instalments, as opposed to all at once.

Even if you keep to the agreed payment plan, if you do not pay any other taxes when they are due, you will still be in default and this may well result in HMRC issuing a winding up petition.

Time to pay arrangements & HMRC Debts Services

Our comprehensive range of services related to Time to Pay Arrangements and HMRC Debts includes:

Time to Pay Arrangements (TTP):

  • Evaluation and Eligibility: In order to ascertain whether a Time to Pay Arrangement is suitable, we evaluate your company’s financial status.
  • Preparation of the Proposal: Our team will collaborate closely with you to write a strong proposal that outlines repayment terms and circumstances that are reasonable and acceptable to HMRC.
  • Communication and talks: We deal with all correspondence and talks with HMRC on your behalf, facilitating a smooth procedure and increasing the possibility of a successful TTP.

HMRC Debt Management:

  • Debt study: In order to understand the scope of your HMRC liability, we will analyse your HMRC debts, including tax arrears, fines, and interest.
  • Debt Negotiations: Depending on your situation, our professional negotiators work with HMRC to examine different debt management solutions, such payment plans, debt consolidation, or debt write-offs.
  • Mitigation of Enforcement Actions: If your business is subject to HMRC enforcement action, such as distraint or winding-up petitions, we may be able to intervene and put plans in place to mitigate the damage and safeguard it. If the business can’t be saved as a going concern, we can also advise on the best way to minimise the loss of value.

Financial Planning and Cash Flow Management:

  • Cash Flow Analysis: To give clarity to you and support any proposals, we can create a cash flow forecast which will give credibility to any subsequent proposal and give you the confidence that you can achieve the plan agreed.
  • Budgeting and financial forecasting: The cash flow forecast is the most important financial document you can prepare to support a Time To Pay Arrangement, but we can also assist with additional documents such as a forecast budget, balance sheet and profit and loss account which will lend further credibility to any application.
  • Business Restructuring: If required, we can create detailed plans for restructuring your businesses finances and putting it on a more sustainable course.

Compliance and Tax Advisory:

  • Tax Compliance Reviews: To make sure you adhere to HMRC requirements, we can refer you to recommended experts to examine your businesses tax compliance practices and point out any potential problem areas.
  • Tax Planning: Our recommended experts can also give you advice to ensure that you maximise your tax situation without jeopardising compliance, and can offer strategic tax planning assistance to potentially reduce your tax payments while abiding by the law.

Time to pay arrangements & HMRC Debts Process

Initial Contact and Assessment

Initial Contact and Assessment

A representative of the business contacts HMRC to explain its financial problems and ask for a TTP arrangement. There must be a comprehensive disclosure of the financial condition of the business, including income, spending, and any unpaid taxes. To establish the viability of a TTP arrangement and if it complies with their standards, HMRC evaluates the business’s situation based on what's disclosed. We can help you prepare supporting documentation for this.
Negotiation and Agreement

Negotiation and Agreement

In order to determine whether or not a TTP arrangement would be acceptable, HMRC assesses the disclosed information and should enter into negotiations. This includes talking about the time frame for repayment, the sum due, and any relevant interest or penalties. Both sides attempt to come to a mutually acceptable agreement that takes into account both the tax authority's need to collect unpaid taxes and the businesses ability to pay.
Implementation and Compliance

Implementation and Compliance

Once an agreement is reached, the business takes responsibility for upholding the terms of the TTP agreement. This requires making payments on time and according to the planned timetable. In order to keep a good working relationship with HMRC and prevent the penalties of non-payment, it is essential for the business to comply with the agreement. Failure to do this is likely to lead to HMRC issuing a winding up petition.

What are the advantages and disadvantages of a Time to Pay Arrangement?

Advantages of a Time to Pay (TTP) arrangement include:

  • Financial Flexibility: TTP agreements give the businesses the chance to stretch their unpaid debt over a longer period of time, which allows them to meet their tax commitments.
  • Avoiding Legal Action: By agreeing to a TTP agreement, the business can show that they are willing to pay their debts and able to do so with some forbearance. This will hopefully avoid legal action, further fines, or other repercussions that could follow non-payment.
  • Preservation of Reputation: Completing a TTP agreement demonstrates a commitment to paying off debts, which may assist preserve a good reputation with creditors (not just HMRC) and other stakeholders.

Disadvantages of a TTP arrangement include:

  • Accrued Interest and Penalties: In accordance with the provisions of the agreement, interest and penalties may continue to accrue on the unpaid amount, which may result in an increase in the total amount due.
  • Impact on Credit Rating: Because TTP agreements are a method of debt management, it appears in credit records, and will have an effect on credit ratings or credit scores.
  • Potential Cash Flow Constraints: A TTP agreement will limit the amount of cash flow available, and whilst it should be manageable (having been calculated by reference to the financial information you have prepared), it will have an impact on your ability to reinvest and grow your business.
The Company had suffered a bad debt from one of its key customers and was coming under increased pressure from creditors with the threat of a winding up order. Specialist Engineering Company - South Yorkshire
Helping your business through the process

Testimonial

We approached Chamberlain & Co after a friend recommended their services. They quickly understood our situation and were able to act quickly to ensure that the Company was protected from legal action and provided a solution to save our business and preserve the employment of our loyal workforce.

We engaged with the Directors and developed a plan to save the business therefore protecting jobs. We assisted the directors in explaining the plan to key stakeholders and arranged for the business and assets of the company to be marketed and sold.





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    Contact Us

    Here at Chamberlain & Co, we are happy to offer you an initial one-hour free Time to Pay Arrangement consultation that can be done remotely on a conference call.

    If you require any further information regarding the consultation or any of our other services, give us a call on 0113 242 0808 or e-mail advice@chamberlain-co.co.uk.

    By working with Chamberlain & Co, you may take advantage of our broad knowledge, high level of professionalism, and dedication to providing custom solutions that are suited to your businesses particular requirements. We are committed to assisting you in swiftly and successfully resolving your tax-related difficulties since we are aware of the importance and sensitivity of dealing with Time to Pay Arrangements and HMRC Debts.

    Time to Pay Arrangement FAQ's

    How to pay a debt to HMRC with a Time to Pay Arrangement?
    People or companies must speak with HMRC directly in order to pay unpaid tax through a Time to Pay Arrangement. It is good to have thorough information about the debt available, including the total amount owing, the causes of the financial hardship, and a suggested payment schedule.

    Additional supporting documents will also be of use in supporting the application, with the most important being a realistic cash flow forecast for the proposed duration of the arrangement. HMRC will then evaluate the businesses situation and the information provided and decide whether they believe a Time To Pay arrangement is acceptable. If so they will enter into discussions to finalise any agreement.

    What will happen if you do not pay your tax bill?
    If you don’t pay your tax bill, HMRC will take the necessary steps to recoup the unpaid balance. They will first issue notifications, demands for payment, and warnings about the repercussions of non-payment. If the tax obligation is still not paid following the various warnings HMRC will issue a winding up petition (for a company or a bankruptcy petition for an individual). If a petition is issued and successfully granted, then the court will make a winding up order for a company (or a bankruptcy order for an individual) which will have potentially catastrophic financial implications for all concerned. If you are at or nearing this stage, then you need to contact us urgently to minimise any damage.

    How do you get rid of HMRC debt?
    It is crucial to speak with HMRC personally and openly discuss your situation with them in order to begin to address and resolve HMRC debt. HMRC provides both individuals and corporations with a number of alternatives for managing their debt, including Time to Pay Arrangements and settlement negotiations. The best course of action is determined by the particular situation and the amount owing. However, HMRC will always expect to recover as much unpaid tax as possible. Finding a solution to remain solvent whilst paying off your HMRC arrears is best done by cooperating with HMRC and giving correct financial data, along with as much supporting evidence as possible.

    How long before HMRC write off debt?
    It is highly unlikely that HMRC will ever wipe off unpaid tax that they think is due, and if payment is not forthcoming, then there are a number of enforcement options available to them. The type and amount of tax owing and the businesses situation, are some of the variables that affect how long it takes for HMRC to begin enforcement action and what type of action they will take. In general, HMRC seeks to recover all unpaid tax arrears and will continue to pursue collection efforts until any agreed payment plan or settlement agreement has been settled, or the business enters formal insolvency. It is essential to remember that failure to make payments on unpaid HMRC tax will not result in it being written off after a set period of time if no proactive action is taken.

    Can HMRC Refuse a Payment Plan?
    Yes, if HMRC decides that a payment plan is not reasonable nor realistic, they have the right to reject it. They will also review past conduct in respect of tax affairs and if they deem it to be unsatisfactory, then they may still refuse a payment plan that seems achievable if they don’t have faith in how the business will conduct itself.. When evaluating a proposed payment plan, HMRC takes into account a number of variables, including the borrower’s financial status, ability to make payments in the agreed instalments, and total amount owing. HMRC will reject the agreement if they feel that the suggested plan is unlikely to result in full payment within a reasonable amount of time. A business restructure is likely to be needed in such circumstances.

    Is There Interest on Time to Pay Arrangements?
    Yes, Time to Pay Arrangements with HMRC often carry an interest penalty. Over the course of the payback period, interest is accrued and calculated based on the remaining loan balance. When enrolling into a Time to Pay Arrangement, it is crucial to thoroughly read the terms and conditions offered by HMRC.

    Can I Arrange TTP Arrangements for Longer than 12 Months?
    HMRC’s default stance is that they will not accept payment plans that last for more than 12 months unless there are exceptional circumstances. If you believe you would require more than 12 months to repay the unpaid tax, then it is likely you will need to enter into a Creditors Voluntary Arrangement (CVA). Please contact us and we can explain what this is in greater detail. However, if you believe any repayment plan would need to be more than 12 months, it is still worth going through the exercise of exploring this with HMRC as it would be significantly cheaper than entering into a CVA.

    Can HMRC see my bank balance?
    HM Revenue and Customs (HMRC) has significant powers as a government tax authority to administer tax collection. and whilst HMRC does have access to a variety of sources of information, there are legal restrictions and privacy requirements that prevent them from immediately viewing bank information without the necessary consent.

    The typical methods and channels used by HMRC to gather financial information include making requests for relevant paperwork, carrying out investigations, and working with financial institutions, such as credit referencing agencies. However, it is crucial to remember that HMRC is subject to stringent regulatory requirements, including proper information usage and observance of data privacy rules.

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