HMRC taking control of goods

Under the taking control of goods regulations, following the issue of a notice of enforcement HMRC may attend your trading premises to take control of goods sufficient to satisfy any liability for tax.

• this normally commences with a HMRC enforcement officer visiting your trading premises, listing the goods you own and issuing the notice of enforcement to take control and sell your goods. T
• this was previously known as distraint upon goods (which remains the term currently used in Northern Ireland).

Once such action commences, which is usually within 7 days of a site visit, there will be further court charges and legal fees incurred and added to your debt. The problem with removal of goods is often that this can be extremely disabling for a business to absorb, especially where it is a key piece of plant and machinery or stock vital to the business’ ongoing survival.

It is therefore vital that, if matters have been left to escalate this far, you immediately seek professional help to negotiate with HMRC. One of the most important opportunities that HMRC will provide, only in certain circumstances, is the opportunity to pay back arrears over a period of time by way of a time to pay agreement.

If this is not possible then ultimately the options that remain are to seek an agreement with creditors to restructure your/your company’s debts or enter into a formal insolvency process.

At Francis Wilks & Jones we have considerable experience of negotiations with HMRC, including accelerated payment notices, personal liability notices, VAT security or any other claim – including appeals to tax tribunals or insolvency claims by liquidators and director disqualification claims.

FWJ did precisely what it set out to do. I am extremely grateful for its assistance.

A client who had received a Request for Security from HMRC for a sum that would have caused their company severe financial difficulties. We helped them to have the entire bill withdrawn