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Author: Glenn

Company director disqualification

Company directors have a legal duty to act responsibly and in the best interests of their business. If a director fails to meet these responsibilities, they can face disqualification from acting as a company director for up to 15 years.

Disqualification can result from ‘unfit conduct,’ which includes actions such as trading while insolvent, failing to maintain proper accounting records, neglecting to submit statutory accounts to Companies House, not paying taxes or using company money or assets for personal benefit. It can also occur if a director is subject to bankruptcy or a Debt Relief Order.

The disqualification process typically begins when The Insolvency Service investigates a company involved in insolvency proceedings or responds to complaints. If misconduct is suspected, the director will be informed in writing and given the option to either defend the case in court or voluntarily accept a disqualification through a formal disqualification undertaking. Other authorities including Companies House, the courts or a company insolvency practitioner can also initiate disqualification proceedings.

Once disqualified, an individual cannot be involved in forming, marketing or running a company or be a director of any company registered in the UK or an overseas company that has connections with the UK. Breaking these rules can lead to a fine or imprisonment. Disqualified directors are listed on public registers maintained by Companies House and The Insolvency Service.

Using the 159 helpline

If a call from your bank feels suspicious, just hang up and dial 159 to be connected safely to your bank’s fraud team.

The 159 helpline was launched in September 2021. The helpline is designed to help consumers quickly and safely reconnect with their bank when they receive a suspicious or unexpected call about a financial matter. 159 now works for over 99% of UK retail bank customers, providing an extra layer of protection against phone scams.

If you receive a call that feels off, hang up and dial 159. This short code cannot be spoofed or imitated, unlike many regular phone numbers. It connects you directly to your bank’s fraud team, helping you verify the legitimacy of any request before acting.

The memorable number, with the digits forming a diagonal on the keypad "159", has already been used over 800,000 times since its launch. It works with most major UK banks, including Bank of Scotland, Barclays, First Direct, Halifax, HSBC, Lloyds, NatWest, Royal Bank of Scotland, Santander, Monzo, Starling and Virgin Money.

There are ongoing plans to expand and enhance the service including a proposal for having Ofcom designate 159 as a mandatory “Type A” number, like 999 or 111.

If you receive a call purporting to be from your bank that is concerning, calling 159 is a fast, secure way to protect yourself and your finances.

What happens if you cannot pay your tax bill?

If you cannot pay your tax bill, it’s crucial to contact HMRC as soon as possible. They may offer support through a Time to Pay arrangement, allowing you to repay your debt in instalments based on your financial situation. Ignoring the debt can lead to enforcement action, including visits to your home or business by HMRC or the use of debt collection agencies. The debt collection agencies are regulated by the Financial Conduct Authority and will only contact you by letter, phone, or SMS. They will not visit you in person at your home or place of work.

If these measures to do not work, HMRC can recover the debt using more serious measures. These include taking control of your possessions, recovering money directly from your bank account, adjusting your tax code or using court action. HMRC may also pursue debt through charging orders, deductions from wages or pensions or third-party debt orders.

If all else fails, insolvency proceedings may be started, including bankruptcy or winding-up orders. HMRC also has international recovery agreements that allow foreign tax authorities to collect UK tax debts if you live or have assets abroad.

If you are affected by any of these issues, please let us know so we can help you.

Applying for Home Responsibilities Protection

Did you know a missing Home Responsibilities Protection (HRP) record could reduce your State Pension, but you may still have time to put it right.

Home Responsibilities Protection (HRP) was a scheme designed to help individuals, mainly those with caring responsibilities, to build entitlement to the basic State Pension by reducing the number of qualifying years required. HRP applied between 6 April 1978 and 5 April 2010, after which it was replaced by National Insurance (NI) credits.

Although most eligible individuals received HRP automatically during that period, some cases were missed. It’s still possible to apply for HRP retrospectively if it’s missing from your NI record. This is particularly relevant for women at or near State Pension age, especially those who took extended time off work to raise children. A missing HRP record could affect your State Pension entitlement, although not always.

Those affected should check their NI records for gaps and could potentially increase their State Pension at no cost. If a claim is successful, HMRC will update the NI record, and the DWP will recalculate the State Pension amount. This could lead to an increase in the State pension, though in some cases, it may remain unchanged.

Currently, HRP applications are taking over 3 months to process. For the most recent processing times and to check the status of an existing claim you can visit the official HMRC guidance page at www.gov.uk/guidance/check-when-you-can-expect-a-reply-from-hmrc

What is the pension’s Money Purchase Annual Allowance?

The Money Purchase Annual Allowance (MPAA) is a pension rule designed to prevent individuals from gaining double tax relief on pension contributions. It targets situations where someone withdraws money from their defined contribution pension pot and then reinvests it, effectively receiving tax relief on the same funds twice.

The normal annual pension contribution limit is currently £60,000. However, once the MPAA is triggered the pension contribution limit is significantly reduced to the MPAA cap of £10,000 per year.

The MPAA is triggered when you start accessing your pension flexibly, such as by:

  • Withdrawing your entire pot as a lump sum (in full or in part).
  • Moving into flexi-access drawdown and taking income.
  • Buying a flexible annuity.
  • Exceeding withdrawal limits under a capped drawdown plan.

It does not usually apply if you:

  • Only withdraw up to a 25% tax-free lump sum allowance.
  • Buy a lifetime annuity.
  • Cash in a small pension pot of less than £10,000.

If applicable, the reduced pension allowance can affect future retirement planning and needs to be considered before making any pension withdrawals.