Tax debts are common among self-employed people and sole traders. HMRC can be a creditor in an IVA, and it’s often one of the larger ones.
The short answer
- Personal tax debts, such as self-assessment and Class 2 and 4 National Insurance, can usually be included.
- VAT owed by a sole trader can usually be included too.
- Tax owed by a limited company belongs to the company, not you.
- HMRC votes on your proposal and may ask for specific terms.
- You must keep up with new tax that falls due during the IVA.
What tax debts can be included?
If you owe tax personally, for example from self-employment, it’s an unsecured debt and can generally go into an IVA. That includes income tax, National Insurance, and VAT for sole traders and partners. Penalties and interest that have already been added are usually included too.
How does HMRC treat IVAs?
HMRC has a dedicated team that assesses IVA proposals. It looks closely at whether you’re up to date with your tax returns and whether the proposal is realistic. It may ask for modifications, such as conditions about filing returns on time during the IVA.
What if HMRC holds most of my debt?
If HMRC holds more than 25% of the debt that is voted, it can block an IVA on its own. Your insolvency practitioner will take this into account when preparing the proposal.
What about company tax?
Corporation tax and PAYE owed by a limited company are company debts. They can’t go into your personal IVA. See IVAs and company directors and debt help for the self-employed.
Common questions
Will HMRC accept an IVA?
HMRC accepts many IVAs, but it reviews each one carefully. Being up to date with tax returns improves the chances.
Do I still have to file tax returns during my IVA?
Yes. You must keep filing and paying new tax on time. Falling behind can cause your IVA to fail.
Can a tax refund be taken by my IVA?
Tax refunds for periods before your IVA may be claimed for your creditors. Your IVA terms will explain how refunds are treated.
How IVA Advice Online can help
Every situation is different, and an IVA isn’t right for everyone. We can look at your income, spending and debts with you and set out the debt solutions you could qualify for, including options other than an IVA. To talk it through, get in touch.