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So just to clarify, if a OMB director drew 150k via an EBT, what is his final liability if the company is insolvent ?
It seems in the case of the OP that he has already settled his company's liability and is now being chased for the parallel personal liability (or vice versa) ???
What an absolute nightmare. What happened to full & final settlement?! Absurd is the right word....no better example of 'maximising revenues' no matter the cost. How the hell can they expect someone to pay the same tax bill twice. HMRC seem intent on grinding people into the dust.
Blimey ok, so if / when Reg 81's get passed down to the directors, they're going to get hit with the s222 charge unless they either 'make good' the PAYE to the company by July, or pay it via the settlement process?
(I think) it doesn't apply if you're employer was offshore. Or if you settle via CLSO2. But seems like anyone with a UK employer (even if long gone) is vulnerable (?)
Phil Manley on Twitter: "To translate Matt's nerd talk!...HMRC normally tax you on the benefit of having an employer pay the tax for you. However for the LC they will tax you on it even if the charge has already been transferred to you in the first place. Therefore you are being taxed on the tax...
Is the PO allowed to sit there indefinitely or is there a point when they can just call it in? Presumably interest still accrues during this time & is added to the secured debt?
What if you're not the only director? This is my situation. I would be open to settling my personal liability, but I certainly can't afford to settle for the company as a whole.