HMRC amend procedures for notification of CVLs
HM Revenue & Customs (HMRC) have announced new procedures to allow them to receive notification of deemed consent and meeting notifications in relation to CVLs.
Changes introduced under Part 6 of Insolvency (England & Wales) Rules 2016 (IR2016) in relation to Creditor Voluntary Liquidations have led to challenges for HMRC being able to formally engage in the deemed consent process for meetings called under S100 IA 1986. More specifically, IR 6.14(3) allows for the decision date, for the decision of the creditors on the nomination of a liquidator, to be as little as three business days after the notice is delivered.
Although notification may be sent to HMRC, very often they fail to reach the relevant HMRC officer in time for them to actively engage, and HMRC are unable to trace if and where the notification has been made.
Furthermore, changes to the way in which notices are now advertised in the Gazette means that HMRC are no longer able to monitor companies entering into CVL in advance and so review if they should engage in the process in the same way they were able to in relation to meetings called under S98 IA 1986.
To remedy this, HMRC have asked that all initial pre-appointment notifications for the deemed consent or virtual meeting procedures for CVLs should be sent to a designated HMRC mailbox that will be set up and provided for IPs specifically in relation to CVL notifications only. This will provide more clarity for IPs in terms of where in HMRC to send all notifications and help ensure that HMRC can actively engage in the process when deemed appropriate.
The mailbox will be available for use with effect from 1 January 2018 and the address is as follows:
The subject line of the email could include the company name, CRN, and the decision date.
Please note that this mailbox is only for the initial pre-appointment notifications under the deemed consent or virtual meeting procedures.
HMRC will monitor use of the mailbox to ensure it is only used for its intended purpose, and where issues arise, will bring them to ICAS’ attention. Similarly, if ICAS members experience any issues with the mailbox, please advise ICAS Insolvency, and those issues can then be discussed with HMRC.