Case details for Peter John  DARLING

Name: Peter John  DARLING


Date of Birth: 16 / 7 / 1970

Date Order Starts: 13 / 6 / 2022

Disqualification Length: 8 Years 0 Month(s)

CRO Number: 04548355

Last Known Address: Carterhaugh House,, , , , SELKIRK,, TD7 5HE

Conduct: Mr Peter John Darling ('Mr Darling') and his wife took drawings from Ittria Services Ltd ('ISL') resulting in an overdrawn directors' loan account ('DLA'). He subsequently caused ISL to declare dividends of 265,988 in the year to 30 June 2017 to off-set the DLA, at a time when it had no distributable reserves with which to make such payments. This was to Mr Darling's and his wife's benefit and to the detriment of creditors. In that: Mr Darling was appointed as a director of ISL on 03 June 2016; the accounts to 30 June 2016 show net liabilities of 435,460 and a shortfall on the profit and loss account of 435,560; these accounts also disclose an overdrawn DLA of 94,049; in the following year, to 30 June 2017, ISL made a profit of 211,507; the directors drew 203,155 in the year, which was off-set by dividends of 265,988 together with reallocation of 92,345 due to an associated company, resulting in a credit balance of 61,131 at 30 June 2017; the accounts show a resulting shortfall on the profit and loss account of 490,041; the accounts show that creditors were owed 705,830 at 30 June 2016 and 1,061,497 in the liquidation. Mr Darling caused further drawings by the directors to be off-set by the entry of salaries totalling 94,085 in May 2018. This increased the liability to HMRC in respect of PAYE and NIC at a time when the company had been in arrears to HMRC since January 2017 and had made no payments to HMRC since April 2017. This transaction was to Mr Darling's and his wife's benefit and to the detriment of creditors, primarily HM Revenue & Customs ('HMRC') which is owed at least 299,809 in the liquidation. In that: the directors withdrew 153,666 (net) from 01 July 2017 to the liquidation; on 31 May 2018 salaries for Mr and Mrs Darling for May 2018, totalling 94,085, were credited to the DLA, leaving a credit balance of 1,549; the accounts show that HMRC was owed 56,529 at 30 June 2016 and it has claimed 467,504 in the liquidation; at least 299,809 is due to HMRC. Mr Darling failed to ensure that ISL met its financial commitments as regards VAT and PAYE/NIC and caused ISL to trade to the detriment of HMRC and to his own benefit from at least January 2017 when VAT for the quarter to November 2016 fell due, to its liquidation in July 2018. As a consequence HMRC is owed at least 299,809 in the liquidation. In that: At the liquidation date 153,837 was outstanding for VAT which had accrued from November 2016, this should have been settled by 07 January 2017; PAYE/NIC was outstanding from the tax year 2015/16, HMRC has claimed 298,676 and ISL's records show at least 130,981 was due; No payments were made to HMRC after April 2017; At 30 June 2017 the accounts show that HMRC was owed 111,556 and other creditors were owed 594,274. At the liquidation date other creditors were owed 593,993. HMRC have claimed 467,504, it is owed at least 299,809 including interest and surcharges; Bank statements show that payments of 988,428 were made from 01 July 2017 to the liquidation, no payment was made to HMRC in this period. 

This information is correct as at 26 / 5 / 2022

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