How far will HMRC pursue the debt if you don't pay an APN?

[webberg]

We are aware of summons being issued for non payment.

We are not aware that any of these have actually gone to Court.

We are aware that the question of whether DMB's processes are legal in regard to an APN has been subject to legal action - reported - given the disputed nature of the demand and the magistrate essentially said that they were legal because APN was the will of Parliament and Government policy.

The latest debates in committee accept that the APN regime will result in insolvencies. If these were a minor statistical blip, probably Government would not be concerned. If however there was a sustained pattern and a lot of numbers, that would bring pressure.

Be aware that bankruptcy is usually the most extreme option. It is irreversible and will stay on your credit record. There are steps on the way to a full bankruptcy that may, in some instances, be preferably. These might be an IVA (individual voluntary arrangement) or DMO (debt management order).

This is a specialist area. As has been observed, do not take as advice the ramblings of anonymous people on a forum. Go and get specialist advice if this is your route.

[BrilloPad]

An APN is "legal". And I am sure if people have cash/investments they will be made to pay up.

Will people be forced to sell their property?

Will people be forced into bankruptcy?

Both of those are "fine" if HMRC finally win. However suppose they lose? How do you put someone in the position they were before selling their property/bankruptcy?

I am convinced no judge will sign a bankruptcy order on an unproven debt. They may grant HMRC a charging order on property.

On the other hand, HMRC powers grow unchecked with every passing year. The outlook now is very different from 10 years ago and I have no doubt it will be much worse in 10 years time.

[demby]

Sorry. Wrong. If you are married you are jointly liable for any tax liability. That is all the equity where applicable.

In cases where one of the joint owners becomes bankrupt, the Trustees in Bankruptcy will seek that person's share of the house to contribute to paying off their debts. If the property was purchased tenants in common the Trustees in Bankruptcy will assume the share of the property is equal between the joint owners unless they have a legal agreement stating otherwise. This can be concerning if you invested more money into the property and don't having anything stating this.

If you are a joint tenant and the other joint tenant/s become/s bankrupt, a receiver can claim the entire debt owed from the property because you are all equally liable in this situation.

Most purchases between friends, family or couples are held as tenants in common, whereas married couples normally buy as joint tenant (a joint tenant always owns the property 50:50).

from : https://www.samconveyancing.co.uk/ne...-bankrupt-4386

[ConfusedEasily]

In cases where one of the joint owners becomes bankrupt, the Trustees in Bankruptcy will seek that person's share of the house to contribute to paying off their debts. If the property was purchased tenants in common the Trustees in Bankruptcy will assume the share of the property is equal between the joint owners unless they have a legal agreement stating otherwise. This can be concerning if you invested more money into the property and don't having anything stating this.

If you are a joint tenant and the other joint tenant/s become/s bankrupt, a receiver can claim the entire debt owed from the property because you are all equally liable in this situation.

Most purchases between friends, family or couples are held as tenants in common, whereas married couples normally buy as joint tenant (a joint tenant always owns the property 50:50).

from : https://www.samconveyancing.co.uk/ne...-bankrupt-4386

I think the post you are referring to was looking at the point of view in divorce. Not bankruptcy. In divorce, without bankruptcy, both partners are liable for the tax.

[LondonManc]

I just wonder how HMRC will look at (go after) people that buy physical gold, silver or crypto currency (e.g. Bitcoin). HMRC can't raid you bank account or house (? . . . . I guess they will send the fuzz around) to get it. This however is extremely risky and you may have to leave the UK to avoid jail.

My understanding is that you don't have to register purchases of gold where the bill is under £300 (this may have changed). That way, if you've got the inclination to do so (and somewhere to hide it), you can buy gold small and regular to build up a stash for your pension.

[luxCon]

This thread is getting very silly

I would have thought the answer to the original and reasonably asked question would be clear and concise.

But appears posters are running away with their own imagination posting assumptions, fantasies and inaccurate so called facts.

So no one reading this thread can add any personal experience they can share that answers the original query?

[Iliketax]

In a situation where you don't have anywhere near enough funds and could only TTP over many, many years.

Has anyone got any first, or second, hand real life experience of this?

Raid your bank accounts?
Take you to County Court?
Petition for bankruptcy?

Thanks
NS

Nope. But try these people - Bankruptcy & Living With It - MoneySavingExpert.com Forums While they may not have APN experience, they do have plenty of HMRC experience.

[flamel]

Nope. But try these people - Bankruptcy & Living With It - MoneySavingExpert.com Forums While they may not have APN experience, they do have plenty of HMRC experience.

... HMRC have plenty of experience in making people bankrupt. Whilst they are gleefully making you bankrupt, they will not help you or offer advice. Even if they did, do not act on their advice as it will usually prove to be false and designed to instill further fear, uncertainty and doubt. There's lots of stories on the internet about it.
Get professional advice, as always, otherwise you may fall victim to HMRC's well-worn trick of bankrupting you again after you're discharged .

[regron]

... HMRC have plenty of experience in making people bankrupt. Whilst they are gleefully making you bankrupt, they will not help you or offer advice. Even if they did, do not act on their advice as it will usually prove to be false and designed to instill further fear, uncertainty and doubt. There's lots of stories on the internet about it.
Get professional advice, as always, otherwise you may fall victim to HMRC's well-worn trick of bankrupting you again after you're discharged .

Exactly why I will pull the plug myself to maintain some control (using professional advice of course) should the time come.

[BrilloPad]

I would have thought the answer to the original and reasonably asked question would be clear and concise.

But appears posters are running away with their own imagination posting assumptions, fantasies and inaccurate so called facts.

So no one reading this thread can add any personal experience they can share that answers the original query?

When did admin appoint you as mod?

The answer to the original question ( How far will HMRC pursue the debt if you don't pay an APN? ) is that it has never been tried.

However, advice is worth what you pay for it. In this case, nothing. If you are going to ask a bunch of random strangers for free advice, don't be surprised if you get nonsense back.

HTH BISDI