Director disqualified for attempting to evade tax responsibilities
Clive Terence Urwin has been disqualified from acting as a company director for 10 years.
Mr Unwin has signed an undertaking, beginning on 19 December 2016, which also bans him from managing, or in any way controlling, a limited company until 2026.
Mr Urwin was a director of Tyburn Realisations Limited (Tyburn), which was formerly known as Tyburn Marketing Solutions Limited and traded under the name of Parade Marketing Services.
Tyburn, a supplier of call centre and printing services, went into Administration on 18 July 2014 owing £978,494 to creditors including £889,335 in respect of liabilities due to HMRC.
Between March 2011 and April 2013, Mr Urwin caused Tyburn to attempt to evade its responsibilities to HMRC with regards to VAT and PAYE/ NIC. An investigation into Tyburn’s VAT affairs resulted in VAT liabilities totalling £222,086 and PAYE/NIC liabilities totalling £289,958.
An investigation by The Insolvency Service’s found that the third party agreements offered up by Mr Urwin to HMRC failed to stand up to examination and that Tyburn’s own company records showed that Tyburn continued to directly employ its own staff.
Mr Urwin also caused Tyburn to trade to the detriment of HMRC from 07 August 2012, in respect of VAT, and from 22 May 2013, in respect of PAYE/ NIC, until the date of Administration resulting in further VAT liabilities totalling £174,305, and PAYE/NIC liabilities totalling £103,222.
Sue MacLeod, Chief Investigator of Insolvent Investigations Midlands & West at the Insolvency Service, said:
Company directors have a duty to ensure businesses meet their legal obligations, including paying taxes and must not benefit themselves at the expense of creditors. Neglect of tax affairs is not a victimless action as it deprives the taxpayer of the funds needed to operate public services.
Notes to editors
Mr Clive Terance Urwin’s date of birth is 4 April 1948 and he resides in Winchester.
Tyburn Realisations Limited (CRO No. 07134784) was incorporated on 25 January 2010 and traded from 199 Tyburn Road, Birmingham, B24 8NB.
Between 25 January 2010 and 11 September 2014 Tyburn Realisations Limited was known as Tyburn Marketing Services Limited.
Between 25 January 2010 and 18 July 2014 Tyburn Realisations Limited traded as Parade Marketing Services.
Mr Clive Terance Urwin was the sole director from 25 January 2010 to 18 July 2014 (the date of administration).
The ten year Disqualification Undertaking was signed on behalf of the Secretary of State for Business, Energy and Industrial Strategy on 28 November 2016 to be effective from 19 December 2016.
The matters of unfitness, which Mr Urwin did not dispute in the Disqualification Undertaking, were that he caused Tyburn Realisations Limited (Tyburn) to attempt to evade Value Added Tax (VAT) responsibilities between March 2011 and March 2012 and attempt to evade Pay As You Earn/National Insurance Contributions (PAYE/NIC) responsibilities between 06 April 2011 and 05 April 2013. HM Revenue & Customs (HMRC) made amendments to Tyburn’s VAT returns totalling £163,502, raised Officers Assessment for VAT totalling £58,584 and Regulation 80 determinations for PAYE/NIC totalling £289,958, in these respective periods. Mr Urwin also caused Tyburn to trade to the detriment of HMRC from 07 August 2012, in respect of VAT, and from 22 May 2013, in respect of PAYE/ NIC, until Tyburn entered into Administration on 18 August 2014 resulting in further VAT liabilities totalling £174,305, and further PAYE/NIC liabilities totalling £103,222, as at the date of Administration.
A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:
- act as a director of a company
- take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
- be a receiver of a company’s property
Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.
Persons subject to a disqualification order are bound by a range of other restrictions.
All public enquiries concerning the affairs of the company should be made to: Insolvent Investigations, Midlands & West, 4th Floor, Cannon House, 18 Priory Queensway, Birmingham B4 6FD. Tel: 0121 698 4000. Email: Adminteam.Midlandsemail@example.com
The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.
BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies. The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.
Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.
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Published: 16 December 2016
From: The Insolvency Service