Dean Phillips of Kangs Solicitors comments upon the disqualification of Clive Terence Urwin as a company director for a period of ten years following the collapse of his company Tyburn Realisations Ltd, formerly known as Tyburn Marketing Solutions trading as Parade Marketing Services, (‘the company’).
The company, which had provided call centre and printing services, went into administration in July 2014 owing £978,494 including £889,335 to HMRC.
The Insolvency Service found that Clive Urwin had endeavoured to evade the company’s liabilities for the sum of £289,958 in respect of VAT and PAYE/ NIC between March 2011 and April 2013.
He also allowed the company to incur further VAT liabilities in the sum of £174,305 from 7th August 2012 and £103,222 in respect of PAYE/NIC from 22nd May 2013.
As a result of the above Urwin signed an undertaking commencing on 19th December 2016 banning him from managing or in any way controlling a limited company until 2026.
Sue MacLeod, on behalf of the Insolvency Service, stated:
- ‘Company directors have a duty to ensure businesses meet their legal obligations, including paying taxes and must not benefit themselves at the expense of creditors.
- Neglect of tax affairs is not a victimless action as it deprives the taxpayer of the funds needed to operate public services’.
Where We Can Help | Kangs Insolvency Solicitors
Kangs Solicitors are regularly instructed in matters where the Insolvency Service has investigated the conduct of a director(s), concluded that he (they) are unfit to run a company and should be prevented from doing so in the future..
As can be seen in the above case, failure to keep on top of a company’s obligations to pay its tax can be grounds upon which the Insolvency Service will seek disqualification.
It is important that the facts are properly prepared and placed before the Insolvency Service in order to ensure that a director’s position is protected as far as is possible.
At Kangs Solicitors we have the experience and expertise to deal with the Insolvency Service at all levels and to guide a director through what can be an extremely difficult experience.
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