HomeFWJ TakeawayWinding up petitionsDefending a winding up petitionHow to defend a winding up petition from HMRC

It is possible to defend HMRC winding up petitions - but expert legal advice is highly recommended. Get is wrong and the company will be wound up. We have dealt with 100's of these types of claims - so let out team of experts resolve the problems you have and get you back on a sound footing.

Companies often call us and ask how to defend a winding up petition from HMRC.

  • The starting point is always to look at the debt being claimed on the winding up petition, commonly NI, VAT or PAYE. On occasions, HMRC get the basis of the debt calculation wrong and therefore, it is always worth considering whether the underlying debt claimed is correct. If it is not, then representations can urgently be made to HMRC regarding the debt or the correct level of the debt and with our expert contacts at Francis Wilks & Jones we know how to do this with HMRC.
  • Once you get to a correct debt figure (or the HMRC debt shown on the winding up petition is correct) then it might be that you need to enter into a repayment plan or a winding up petition instalment agreement with HMRC if you cannot pay it all at once.
  • If the debt is genuinely disputed in full, then there is always the possibility of seeking an injunction from court to prevent the advertisement of the winding up petition in a publication known as the London Gazette. Advertisement needs to be avoided at all cost as otherwise the winding up petition becomes public knowledge and there is then a danger that a winding up order will be made. We can help you prepare the paperwork for an injunction to prevent advertisement of the winding up petition if the HMRC refuse to agree to an undertaking not to advertise the petition in the London Gazette.
  • It is sometimes possible to defend the winding up petitions on procedural basis i.e. if it has not been properly served. Again, this is something we can assist you with should the need require.
  • Finally, we can also help you obtain what is called a validation order in order to continue legally trading despite a winding up petition being in place. Again, our winding up petition experts at Francis Wilks & Jones can help you through this process.

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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