When a business is struggling with cash flow pressure, directors sometimes use the gambit of delaying tax payments to HM Revenue & Customs (HMRC) to free up some funds. It might seem like a temporary solution to a short-term problem, but it’s a tactic that can quickly backfire.
The reason HMRC charges interest on late payments is, of course, to encourage timely compliance. They see it as a move to compensate the Exchequer for the delay in receiving funds. This rate moves in line with the Bank of England base rate, plus an additional percentage above that. As I am writing this, the base rate has just been reduced to 4.25% from 4.5%. So, all things being equal, the current rate of 8.5% may drop.
However, with a drop of .25% or not, it is still a very big reason not to miss those payments to HMRC.
We see a lot of directors who have made the mistake of seeing HMRC in the wrong light. They may seem like a faceless creditor that can be paid later without immediate consequence, but they are not going to go away, and that tactic of paying later could really cost you. HMRC has very strong enforcement powers, and the financial implications of late payment are becoming increasingly severe.
Staying on top of your tax deadlines is vital because:
Sometimes, cashflow issues do happen, though, and it’s not inconceivable that you may have no choice but to delay a payment. If you do, make it your aim to get back on track as soon as possible.
To be clear, you cannot appeal against the interest charge itself, but HMRC will, in theory at least, consider objections in some highly specific circumstances such as:
Note the word ‘may’ in this list, HMRC are tough, and these exceptions are narrow in scope. They will require conclusive and clear evidence, so attempting to use them without cause is unlikely to succeed.
Given the increased cost of late payment, it is more important than ever to plan ahead:
Remember, we are talking about an unpaid bill to HMRC here, and that is a serious problem. When you are in a difficult financial situation, the business will need every penny. Don’t underestimate how much 8.5% can matter financially in a tight spot. Not to mention the stress it will cause, having to deal with HMRC as they try to collect the money you owe them.
If you are struggling to pay a tax bill, the worst option is to ignore it. HMRC encourages taxpayers to engage with them early if they have an issue with payment, and I couldn’t agree more. If you talk to them, they may agree to a Time to Pay (TTP) arrangement. A TTP allows taxpayers to pay their liabilities in instalments over an agreed period however, there is no guarantee they will do this.
To increase your chances of reaching a successful agreement:
While negotiating a TTP arrangement does not stop interest from accruing, it can prevent further penalties and enforcement action. In the end, though, that tax bill will need to be paid.
Delaying tax payments might seem to provide momentary relief, but in the end, both financial and administrative costs are more than likely going to make it a false economy. With HMRC’s late payment interest now at 8.5% (or perhaps 8.25% soon), those unpaid tax liabilities will become increasingly expensive the longer they remain outstanding.
The sensible options are always to plan ahead for your payment, seek support when you need it, and take proactive steps to avoid unnecessary costs. When the cashflow stalls and the money dries up, sound financial planning and early engagement with HMRC can make all the difference.
Dealing with things is more important if you think you have an insolvency issue. Whether that is because of money you owe to HMRC or any other debts, don’t delay. Taking action will help resolve the problem; allowing it to grow will only make it worse.
There is more help here on dealing with HMRC in our advice for directors section, along with the option to contact us (first consultation is free) if you think you are facing insolvency or other financial issues we can help with.
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