Case details for James John KELLY

Name: James John KELLY

Name: K & S LOFT AND EXTENSIONS LIMITED

Date of Birth: 30 / 5 / 1959

Date Order Starts: 28 / 3 / 2019

Disqualification Length: 3 Years 6 Month(s)

CRO Number: 09309586

Last Known Address: 46 Newbury Gardens,, , , , EPSOM,, KT19 0NX

Conduct: Mr James John Kelly ("Mr Kelly") failed to ensure that K & S Loft and Extensions Ltd ("K & S") complied with its statutory duties to make payments to HM Revenue and Customs ("HMRC") when due and caused K & S to trade to the detriment of HMRC from 7 February 2016 in respect of VAT, 22 March 2016 in respect of PAYE/NIC/CIS and 1 January 2016 in respect of Corporation Tax, until cessation of trading around May or June 2017. As a result, VAT in the sum of at least £39,199, PAYE/NIC/CIS in the sum of £35,509 and Corporation Tax in the sum of £8,431 accrued during the trading period and remained outstanding as at liquidation. In that: VAT

  • K & S submitted VAT returns in respect of periods 12/15, 03/16, 06/16, 09/16 and 12/16 which record VAT was owed in the sum of £31,250.
  • K & S failed to file returns in respect of periods 03/17 and 06/17. Consequently, HMRC raised assessments totalling £13,148 in respect of these periods.
  • Surcharges totalling £2,643 were levied by HMRC in respect of VAT periods 12/16, 03/17 and 06/17.
  • In August 2016, K & S entered into a Time To Pay agreement (“TTP”) with HMRC in relation to the debts outstanding in 12/15 and 03/16. This was dependant on all future debts being settled timeously. However, the debt from 06/16 was not settled timeously, rendering the TTP agreement an almost immediate failure, despite payments totalling £7,923 made between 12 August 2016 and 9 December 2016 being allocated to K & S's outstanding VAT liabilities.
  • As at the date of liquidation, VAT in the sum of £39,199 (inclusive of surcharges) remained outstanding and overdue for payment in respect of periods 03/16 to 06/17. PAYE
  • HMRC claimed the sum of £112 in respect of outstanding PAYE/NIC for months 11 and 12 of tax year 2015/16, and £21,559 in relation to outstanding CIS in respect of month 12 of tax year 2015/16 based on RTI information submitted by the Company.
  • HMRC claimed the sum of £112 in respect of outstanding PAYE/NIC for months 11 and 12 of tax year 2016/17, and £11,732 in relation to outstanding CIS in respect of months 3, 5, 6, 7, 10 and 12 of tax year 2016/17 based on RTI information submitted by the Company.
  • HMRC claimed the sum of £1,992 in relation to outstanding CIS in respect of months 1 and 2 of tax year 2017/18 based on RTI information submitted by the Company.
  • No payments were made by K & S towards its outstanding PAYE/NIC/CIS liabilities at any time. The only credits applied to the account were Employment Allowance credits totalling £245.
  • As at the date of liquidation, outstanding PAYE/NIC/CIS claimed by HMRC in respect of periods 2015/16, 2016/17 and 2017/18 totalled £35,509. 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 £8,431 due to HMRC.
  • No payments were made by K & S towards its outstanding Corporation Tax liabilities at any stage.
  • Consequently, Corporation Tax in the sum of £8,431 remained outstanding in respect of these periods as at the date of liquidation. Comparative treatment
  • HMRC is the majority creditor in the liquidation having claimed the sum of £103,139. Of this sum, at least £83,139 was due on liquidation. Other creditor’s total £94,098.
  • From 1 January 2016 to cessation of trade around June 2017, K & S's bank account statements record that it received monies (including those from the customer in the sum of £173,197) totalling £456,872 and expended £457,563. Further, the statements record that payments totalling £9,903 were made to HMRC in respect of K & S's tax liabilities. 

    This information is correct as at 8 / 3 / 2019



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