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HMRC arrears: funding options to clear a tax bill

A tax bill the company cannot pay this month is not automatically an insolvency, but it is always a fork in the road. For a viable company hit by a temporary spike, there are two honest routes: agree a Time to Pay arrangement with HMRC, which spreads the debt at no borrowing cost, or use short-term funding to clear the bill and stop enforcement, including a winding-up petition, before it starts. VAT and tax-bill funding exists for exactly this, and invoice finance can release the same cash from unpaid invoices. The route that is never honest is borrowing to pay HMRC when the business underneath is failing: that is not fixing the problem, it is financing its growth, and it can expose you personally under the wrongful trading rules. The viability question decides everything, and it is the question a Licensed Insolvency Practitioner answers first. HMRC, gov.uk; Insolvency Act 1986 s214

Start with Time to Pay

Before borrowing anything, look at a Time to Pay arrangement. HMRC routinely agrees instalment plans for viable companies with a temporary problem, typically over 6 to 12 months, and it costs nothing to arrange beyond interest on the deferred tax. If the arrears are affordable over that horizon, TTP is usually the better answer than borrowing, because it adds no new creditor and no security. Funding earns its place where TTP has been refused or has failed, where the arrears are too large for HMRC's appetite, or where enforcement is already moving.

When funding a tax bill makes sense

The honest case looks like this: the company trades profitably, something temporary caused the arrears, a large VAT quarter, a lost customer since replaced, a one-off bad debt, and paying the bill restores normality. VAT and tax-bill funding spreads that payment over months. Invoice finance can do the same job by releasing cash sitting in unpaid invoices, and for some companies that is the more natural fit because it scales with trading. In both cases the funding clears a specific, quantified liability and stops enforcement, including the path that leads to a winding-up petition.

When borrowing is the wrong answer

If the company is losing money month after month, borrowing to pay HMRC does not fix anything: the next quarter's bill arrives with the loan repayments on top. Worse, once you knew, or should have known, that the company had no reasonable prospect of avoiding insolvent liquidation, running up new debt can make you personally liable for wrongful trading. The test to apply honestly: does the borrowing solve the problem, or delay it? If the answer is delay, the right conversation is with a Licensed Insolvency Practitioner about the company's options, covered on our HMRC debt page.

HMRC pressure escalates on a timetable

HMRC is the UK's most active petitioner of companies, and its enforcement runs on a conveyor: reminders, debt collectors, enforcement notices, a statutory demand, then a winding-up petition. The earlier in that sequence you act, the more options exist; once a petition is issued, bank accounts are typically frozen and both TTP and funding become much harder to arrange. If a petition or statutory demand has already arrived, treat it as this week's problem, not this quarter's, and get advice immediately.

Who we are and how referrals work

LTD Turnaround is an information and introduction service. We do not provide legal, insolvency or financial advice. Insolvency matters are referred to a Licensed Insolvency Practitioner. Finance is referred separately, and only after insolvency advice, to an FCA-authorised broker. We may receive a referral fee; this does not affect what you pay or the service you receive.

Reusing a company name, buying assets from a company you were a director of, or taking on new borrowing while the company is insolvent can carry criminal and personal liability risk. Before acting, take advice from a Licensed Insolvency Practitioner and, where a company name or disqualification question is involved, a solicitor.

Common questions

Should I borrow to pay a VAT bill or ask HMRC for Time to Pay?

For a viable company, explore Time to Pay first: it spreads the debt without adding a new creditor. Funding makes sense where TTP is refused or insufficient, or enforcement is already underway. If the company is not viable, neither is the answer; take insolvency advice.

Can funding stop a winding-up petition?

Paying the debt before a petition is issued removes the basis for one. Once a petition exists the position is urgent and more complicated, and clearing that one debt may not end the matter. Speak to a Licensed Insolvency Practitioner the day you learn of a petition.

Is it legal to borrow money to pay HMRC?

Yes, for a viable company it is a normal financing decision. The danger is borrowing when the company has no reasonable prospect of avoiding insolvent liquidation: continuing to trade and adding debt at that point can make directors personally liable for wrongful trading.

What if the company cannot get funding and cannot get Time to Pay?

That combination usually means the arrears are a symptom of something deeper. The next step is a confidential conversation with a Licensed Insolvency Practitioner about the company's real position and options. Earlier is always better; options close as enforcement advances.

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