Revenue sheriff

june92

Hi

I have a question about the revenue sheriff. Can the sheriff seize goods from owners property if the warrant is in company's name? Also the company had ceased trading and no goods in company's name.

Can they seize personal items in owners name or just items in company's name.

june92

june92 wrote: »

Hi

I have a question about the revenue sheriff. Can the sheriff seize goods from owners property if the warrant is in company's name? Also the company had ceased trading and no goods in company's name.

Can they seize personal items in owners name or just items in company's name.

You're actually asking a massively difficult question June as the nature of the disposition of the assets, the legal position of the company, who actually owns the property and who the Sheriff has a FiFa over are all relevant considerations.

june92

I got letter for company that ceased trading in 2010 saying that sheriff would call to door using forced entry to seize goods of value to be sold in auction and used against the outstanding balance.
Turns out (found out this afternoon) that my partner never filled out form to cease tradin and deregister with revenue. Have been in contact with revenue who have agreed to back date the closing of company.
Partner set up company as was working as consultant for 5 months and needed ltd company so businesses could pay him, it wasn't a business with goods or assets,simply him and his laptop sitting in our spare room as an office! I'm worried that because of his errors (not paying correct tax,not keeping up with contacting revenue and not ceasing trading) that now our goods will be seized. The warrant is in company name and no goods in company name only in mine and partners name.
Only found all these letters today,am not denying that our bill needs to be paid to revenue but am hoping that we are protected in some way that warrant in company name. Have kids in house so don't want sheriff calling to take items.

Our man in Havana

Only assets of the company can be taken. Personal assets are safe so long as you can show they belong to you and not the company.

MagicSean

Our man in Havana wrote: »

Only assets of the company can be taken. Personal assets are safe so long as you can show they belong to you and not the company.

Can't they apply to have the company and the person treated as one in some cases?

Our man in Havana

That is job for the ODCE.

BUG20

Hi there
Just wondering if anyone can help me, Have got myself in to debt , had a great career but two years ago it went belly up, I have been trying to keep my head above water, all but one debt I just cant manage , I am a single mum of one ,
Got letter from sheriff that he is going to gain entry to house however and take goods . The house Im in is not mine nor the belongings , its rented , and is owned by my father. I have sent solictors letter to prove this. I also sent him my social welfare payment , my mabs expenditure per week , offering him an amount per week .My car is on finace fo the next 4 years. Can he come in and take stuff even thought its not mine , all I have is clothes kids stuff few cups etc. Im afraid to leave my house , and now living in fear.

thlint

Any body know how to start an action against the revenue sheriff for return of goods wrongfully seized under a revenue warrant. One soilcitor has just said he is not interested.

hullaballoo

By what could you mean "wrongfully seized under a revenue warrant"? The revenue warrant renders the seizure lawful, so what are you talking about?

thlint

Interesting that the warrant makes it lawful. The warrant is for an amount of tax which was paidafter the warrant was issued, but several months later the warrant was executed possibly in error but as you know once a decision is made it cannot be reversed and every effort is made to justify the action. It is like dealing with a stone wall on a merry go round.

hullaballoo

Can you provide more detail in relation to this? I have read your posts in taxation but not everyone here will do. The more information the better.

Just for your information, legal advice is not allowed but the people here may give practical advice on what to do in your situation.

thlint

I only read the sticky notes after I posted -- felt maybe I was sailing too close to wind for this forum.
Anyway. Say a revenue demand was received and ignored. The 2 separate warrants received and eventually a final seizure notice. At this point a payment of more than double the amount of the original demand and also double the warrant values was paid direct to revenue. Referencing the actual tax periods referred too. There was no subsequent communication on these warrants from the sheriff for 2 1/2 months until the bailiff arrived and seized a van using one of the warrants and also an incorrect warrant number for the other.