Guidance
HMRC

 

Welcome to the R3 Technical Library, a unique resource for searching technical and specialist information within the sector. The below are available resources for HMRC.

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HMRC. Insolvency Guidance - Disguised remuneration and the loan charge - IP information regarding insolvent employers (27 July 2021)
HMRC have not yet sought to prove for the loan charge in corporate insolvency proceedings. However, HMRC are carrying out compliance checks to find out whether employers reported and paid the right amount of loan charge. Office holders in an insolvency procedure may be contacted as part of these checks. See guidance note for further details.
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HMRC. Insolvency Guidance - Recording tax and national insurance - preferential dividends (9 June 2021)
Guidance on how to record tax and national insurance due on a preferential dividend paid to the former employees of an insolvent entity.
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HMRC. Insolvency Guidance - Update - Introduction of electronic banking for Insolvency Practitioners making dividend payments (9 June 2021)
An update from HMRC on electronic banking for Insolvency Practitioners making dividend payments.
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HMRC. Insolvency Guidance - UPDATE. A dedicated Account Manager for insolvency related Customs queries (15 November 2021)
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HMRC. Insolvency Guidance (UPDATE) - A dedicated Account Manager for insolvency related Customs Queries (29 December 2021)
Lists of what is and what is NOT covered by the service. The Customs team do not cover ‘Excise Duties’ and therefore this has been removed.
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HMRC. Insolvency Guidance (UPDATE) - Insolvency Practitioner appointments (22 December 2021)
The guidance has been updated with a new email address for referrals relating to suspected fraud or organised criminality - [email protected]
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HMRC. Insolvency Guidance (UPDATE) - Recording tax and national insurance – dividend payments to former employees of an insolvent entity (24 September 2021)
On 9 June 2021, HMRC issued an Insolvency Bulletin on the subject of ‘Recording Tax and NI – Preferential Dividends’. This bulletin prompted some questions and feedback from IP’s so HMRC updated the guidance and included a Q&A section which they hope will assist IPs.
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How HMRC supports customers who have a tax debt, August 2020
HMRC have released a policy paper titled 'How HMRC supports customers who have a tax debt' with guidance for taxpayers who find themselves having difficulty paying their tax.
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How HMRC treats customers who have a tax debt, August 2020
HMRC have released a policy paper titled 'How HMRC treats customers who have a tax debt' with guidance for taxpayers who find themselves having difficulty paying their tax.
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Members’ Voluntary Liquidation (MVL) in Scotland
In February 2018, HMRC issued a note about Members’ Voluntary Liquidation (MVL). That note contained some incorrect statements about the position in Scotland and the purpose of this paper is to provide clarification of HMRC’s interpretation of relevant legislation. References are to current legislation: Insolvency Act 1986 (“the Act”) and Insolvency (Scotland) Rules 1986 (“the Rules”).
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R3 Scottish Technical Committee - Response to HMRC
There are a number of difficulties with the application of statutory interest, and the rate of statutory interest, in a members' voluntary liquidation of a company incorporated in Scotland (a Scottish MVL), which the HMRC note and analysis does not address. On a full analysis, it is clear that the Scottish Rules do not apply a rule on statutory interest to Scottish MVLs.
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R3's letter to HMRC titled "HMRC's management of insolvency from a tax perspective"
The R3 Technical Team has seen a rise in concerns among members with regard to experiences with VAT returns, tax clearances and other HMRC related matters since Q2 of 2020. To aid R3 members and improve engagement with HMRC, R3 and its VAT Working Group collaborated and produced a firm but balanced letter to HMRC setting out the issues and areas of concern to R3 members.
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Ben LuxfordBen Luxford
Head of Technical
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Moira FitzpatrickMoira Fitzpatrick
Technical Manager
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