Disguised Remuneration Schemes – Services for Insolvency Practitioners

There has been a dramatic increase in contentious insolvency claims being brought by insolvency practitioners against directors of insolvent companies that adopted and participated in Disguised Remuneration Schemes and on advice required following receipt of assessments from HMRC.

There are claims open to Insolvency Practitioners against the directors of companies that adopted Disguised Remuneration Schemes including:

  • Misfeasance or breach of duty under section 212 of the Insolvency Act 1986 (the “Act”)
  • Transactions defrauding creditors pursuant to section 423 of the Act

Experience

  • Considerable and extensive expertise acting for insolvency officer holders in section 212 and section 423 claims against directors
  • Acting on behalf of office holders challenging the legality of tax avoidance advice and as to whether to appeal/defend HMRC investigations regarding the insolvent company’s participation in the DR scheme in question
  • Advising Insolvency Practitioners on how to deal with accelerated payment notices and/or follow-onnotices served on the insolvent company
  • Making recoveries from off-shore trusts and also directly from the ultimate beneficiaries
  • Working with HMRC directly in relation to assessments and liability
  • Advising on personal insolvency issues arising for directors on such schemes
Stacey Jones, Pitmans Law Restructuring & Insolvency Partner

Stacey Jones

Head of Disguised Remuneration Schemes

D +44 (0)118 957 0235
M +44 (0)782 582 7382
E staceyjones@pitmans.com

Suzanne Brooker

Suzanne Brooker

Head of Restructuring and Recovery, Disguised Remuneration Schemes

D +44 (0)118 957 0516
M +44 (0)770 289 4063
E sbrooker@pitmans.com

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