HomeFWJ TakeawayCompany rescueBusiness recovery and rescueCan an HMRC winding up petition be withdrawn?

Once the petition debt has been paid or settled - it is vital to get the petition dismissed from court. This stops it being supported by other creditors and avoid the company getting wound up by someone else. Our team can help with this vital process.

Is the debt disputed or has it been paid in full?

When people approach us and ask “can an HMRC winding up petition be withdrawn”, the first thing to do is for us to check whether the outstanding debt is any way disputed and if not, has the winding up petition debt been paid in full.

  • if the petition debt has been paid in full then often, the next step is to deal with the petitioner’s legal costs which they will also want paying as part of having to go through the winding up order process. There are costs of issuing a winding up order and commonly, the petitioner will want these costs paid before it will agree to the winding up order being dismissed.
  • once the issues of the HMRC’s winding up petition costs have been resolved (we can do this by negotiation with the HMRC) the actual process for withdrawing an HMRC winding up petition is relatively straightforward but one which is crucial to get right. It involves making an application to court and e-filing it through the court’s system.

At Francis Wilks & Jones we are fully linked to the court electronic systems and can arrange for the winding up petition withdrawal application to be made. We can do this swiftly and on the same day and maximise the prospects of the HMRC winding up petition being made. That will then avoid a winding up order being made.

Speed is very important – don’t delay

It is always important to ensure that the winding up petition is withdrawn as quickly as possible after payment of the petitioner’s debt and costs. The reason is that other creditors of the company if they find out about the winding up petition can support it formally and this then leads to the company not being able to withdraw the winding up petition without paying that extra debt. There is a danger the position can snowball if many creditors start supporting the original petition and that can then ultimately lead to the company being wound up even though the original petition debt was paid.

Therefore, it is important to act quickly and make that application to withdraw the winding up petition to avoid a winding up order being made. At Francis Wilks & Jones we can help you through this process to maximise the prospects of success for your company.

If you have a winding petition question involving HRMC we are the firm to help. We provide quick, cost effective and commercial advice. With over 75 years of combined experience and thousands of winding up petitions under our belt, we are the country’s genuine experts when it comes to Winding Up orders and the HMRC. Call now us now to speak to one of our friendly advisers.

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