Case details for SIMON FENN

Name: SIMON FENN

Name: Fenn Motor Works Limited

Date of Birth: 25 / 12 / 1965

Date Order Starts: 6 / 2 / 2019

Disqualification Length: 3 Years 6 Month(s)

CRO Number: 04924289

Last Known Address: 10 Westfield Crescent, , , , HENLEY-ON-THAMES, RG9 3LJ

Conduct: Mr Simon Patrick John Fenn ("Mr Fenn") failed to ensure that Fenn Motor Works Limited ("FMW") complied with its statutory obligations to HM Revenue & Customs (“HMRC”) to submit accurate returns and make payments when due, and caused FMW to trade to the detriment of HMRC, the majority creditor at liquidation, from at least 07 November 2015 in respect of Value Added TAX (“VAT”) and 01 January 2016 in respect of Corporation Tax until liquidation on 21 August 2017. As a result, at liquidation, HMRC's claim was £82,365 (inclusive of surcharges and interest) in respect of overdue and outstanding VAT and £10,688 in respect of overdue and outstanding Corporation Tax. In that: VAT

  • Information provided by HMRC records that a VAT liability (inclusive of surcharges) in the sum of £82,365 had accrued in respect of the periods 06.16 to 06.17, all of which was due for payment before liquidation.
  • Returns were submitted late in respect of periods 06.15 to 03.17. Consequently, surcharges were also levied by HMRC in respect of each of these VAT periods.
  • No return was submitted for period 06.17 which resulted in an assessment and surcharge being raised by HMRC in respect of this period in the sums of £10,588 and £1,588 respectively.
  • Periods 06.15, 09.15 and 12.15 [and associated surcharges] were discharged in part and with a balance remaining outstanding to HMRC on liquidation.
  • Periods 03.16 to 06.17 [and associated surcharges] remained outstanding in full on liquidation.
  • The final payment made towards FMW's VAT labilities was on 11 August 2016 in the sum of £35,102 which failed to clear FMS's accrued VAT liabilities in full at that time. Corporation Tax
  • Corporation Tax returns were submitted for the accounting periods ended 31 March 2015 and 31 March 2016 resulting in a total liability of £12,752 due to HMRC.
  • The only payment made towards FMW's Corporation Tax liabilities was on 1 January 2016 in the sum of £2,063 and was allocated by HMRC towards Corporation Tax liabilities which accrued during the accounting period ended 31 March 2015 in the sum of £5,254. Consequently, the sum of £3,190 remained outstanding in respect of this period at the date of liquidation.
  • No payments were made towards FMW's Corporation Tax liabilities which accrued in respect of the accounting period ended 31 March 2016. Consequently, Corporation Tax in the sum of £7,498 remained outstanding in respect of this period as at the date of liquidation.
  • At the date of liquidation HMRC was owed the total outstanding liability of £10,688. Comparative treatment
  • HMRC is the majority creditor in the liquidation owed the sum of £146,983.
  • From 7 November 2015 to liquidation on 21 August 2017, FMW's bank statements show that it received receipts totalling £1,263,334 and expended £1,262,948 of which payments of £71,952 were made to HMRC from the account in respect of FMW's liabilities to HMRC during this same period. 

    This information is correct as at 28 / 1 / 2019



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