Case details for Graham Marshall

Name: Graham Marshall

Name: Swim Confident Limited

Date of Birth: 9 / 2 / 1981

Date Order Starts: 16 / 8 / 2021

Disqualification Length: 4 Years 0 Month(s)

CRO Number: SC476741

Last Known Address: 97 Newton Avenue,, Barrhead,, , , GLASGOW,, G78 2PS

Conduct: Graham Marshall (“Mr Marshall”) failed to ensure that Swim Confident Limited (“the company”) met its financial commitments as regards Value Added Tax (“VAT”) and RTI Pay As You Earn/National Insurance Contributions (“PAYE/NIC”) as and when due and caused the company to continue trading whilst withdrawing funds for his, and his co-director’s, personal benefit. As a result the company became unable to meet its financial commitments to HM Revenue & Customs (“HMRC”) who is owed, at least £154,866. VAT: • Notwithstanding the company became liable for VAT from 05 June 2015 Mr Marshall failed to register the company for VAT until 02 August 2018. • On 16 August 2018, prior to the submission of the company’s VAT returns, the company made its only payment in respect of VAT in the sum of £5,000. • On 17 January 2019 the company submitted its VAT return for the period 05 June 2015 to 31 August 2018 declaring a liability of £98,308 against which the payment of £5,000 was credited resulting in an unpaid liability of £93,308. • On 18 March 2019, as a result of the company failing to register for VAT, at the appropriate time, HMRC issued a Civil Penalty notice in the sum of £43,477 which the company failed to pay. Consequently the unpaid VAT liability increased to £146,621 which remained outstanding when the company was placed into liquidation on 28 November 2019. RTI PAYE: • During tax year 2016/2017 the company declared a PAYE tax and NIC liability totalling £3,965 against which HMRC granted an Employers Allowance credit of £1,365. Notwithstanding the company had a statutory duty to pay the balance of £2,600 in full only £1,295 was paid on 27 February 2017 and the unpaid balance of £1,305 which ought to have been paid, at the latest, by 19 April 2017 remained unpaid at liquidation. • During tax year 2017/2018 the company declared a PAYE tax and NIC liability totalling £5,101 against which HMRC granted an Employers Allowance credit of £1,740. Notwithstanding the company had a statutory obligation to pay the balance, at the latest, by 19 April 2018 no payments were made and the sum of £3,361 remained unpaid at liquidation. • During tax year 2018/2019 the company declared a PAYE tax and NIC liability totalling £5,050 against which HMRC granted an Employers Allowance credit of £1,734. Notwithstanding the company had a statutory obligation to pay the balance, at the latest, by 19 April 2019 no payments were made and the sum of £3,316 remained unpaid at liquidation. • During tax year 2019/2020 the company declared a PAYE tax and NIC liability totalling £405 against which HMRC granted an Employers Allowance of £142. Notwithstanding the company had a statutory obligation to pay the balance prior to the company ceasing to trade in June 2019 no payment was made and the sum of £263 remained unpaid at liquidation. Comparative treatment benefitting Mr Marshall: • Financial accounts for the year to 31 May 2017 disclose the company owed HMRC, who during the financial years received 1 payment of £1,295 on 27 February 2017, was owed liabilities of £64,560. In comparison trade and expense creditors, who were paid throughout the year, were owed £6,150. The accounts further disclose Mr Marshall received funds totalling £53,059 made up of salary of £8,100, an overdrawn directors loan account of £30,459 and a dividend payment of £14,500. • Between 1 June 2017 and June 2019, when the company ceased trading, the liability owed to HMRC increased to, at least, £154,866. In the same period liabilities to trade and expense creditors decreased to £1,603. • The company’s bank statements reveal this was achieved as a consequence of the company, from receipts of £585,911, making payments totalling £595,269. Excluding bank charges totalling £2,172, trade and expense creditors received £404,404, Graham Marshall received payments totalling £67,626, his co-director received payments totalling £41,850 and jointly receiving personal benefit from further payments totalling £79,217. • In comparison HMRC received 1 payment of £5,000, which was not paid from the company bank account, towards the VAT liability 

This information is correct as at 26 / 7 / 2021



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