Francis Wilks & Jones

In England, when a company goes into administration, the employment status and rights of the staff are protected by laws, including the Insolvency Act 1986 and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The Insolvency Act 1986 means that even with the appointment of an administrator, the contracts of employment of staff remain in force. If you have any questions about company administration and how it might affect your company or employees, you can read our full guide here: https://bit.ly/3TOd51d #CompanyAdministration #BusinessLaw #LegalAdvice

The only documents that can be seized and removed from a premises are materials that are specifically set out in the terms of the search order. It’s important to understand that a search order doesn’t entitle the removal of documents that may be relevant to future proceedings. The applicant should specify to Court the documents that should be removed. These can be: -Hard copy documents -Copies of computer records and files -Personal possessions (only in circumstances where the applicant can strongly claim that a particular asset may be removed or sold by the respondent) If you’re applying for a search order or defending one, FWJ can help. We’re here to support you through the process and provide you with expert advice to give you the best chance of a successful outcome. #SearchOrder #BusinessLaw #LegalAdvice

Read our latest edition of The FWJ Takeaway, where we'll be discussing Employee Ownership Trusts (EOT) and how they might benefit your business. Subscribe to our newsletter to learn more about business and individual law 👉

An Employee Ownership Trust (EOT) is a specific type of employee benefit trust, designed to promote long-term employee ownership by providing significant tax benefits and ensuring the trust meets certain statutory criteria. Benefits include: ✅Long-term stability and succession planning They offer an alternative to traditional exit routes, and the sale involves minimal disruption and allows shareholders to remain involved in the business. ✅Tax advantages and financial benefits Offers tax advantages that can benefit the business and its employees. ✅Improved business outcomes Studies have shown that employee-owned companies often outperform their non-employee-owned counterparts in various metrics. To learn more about EOTs and why they might be of interest to your business, you can read our free guide here: https://bit.ly/4il6gyX #EmployeeOwnership #BusinessLaw #LegalAdvice

We are hiring for a senior insolvency Solicitor for anyone seeking a new role in the New Year. Please do get in touch if you would like any further details.

Applying for a search order is a very laborious proceeding, and there are various alternatives that you might consider before committing to one. Instead, you can seek an order for delivery up of documentation or an order preserving documentation. These are cheaper to obtain but: ❌ They don’t afford the same protection as a search order and the on-site availability to allow the applicant’s supervising solicitor to undertake searches for documents ❌ There is the difficulty of the identifying documents to be delivered-up or preserved ❌ Time lag that increases risk of destruction of documents Search orders are a lengthy, complicated process, but can be necessary depending on your case. If you’re seeking guidance on how to best proceed, or if a search order is the right route for you, speak to one of our experts or read our tips booklet here: https://bit.ly/4i3mlJh #SearchOrder #BusinessLaw #LegalAdvice

Our client was a tax rebate company who were confronted with an urgent HMRC application to extend two existing Freezing Orders (AFOs) on their bank accounts that had a combined balance of £2.5million. Our experienced tax team, Pembe Ramadan, Andy Lynch teamed up with Max Schofield from Devereux Chambers to apply their knowledge to every aspect of HMRC’s case. Scroll through to see how we helped 👉 #CaseStudy #HMRC #Tax #FreezingOrder

HMRC’s Loan Charge Pause—A Potential Step Towards Fairness for Taxpayers Navigating Complex Rules? 🌍📜 Did you know that Ancient Egypt was one of the earliest examples of tax systems in human history? The pharaohs levied taxes on crops, livestock, and even labour to fund monumental projects like the Great Pyramids. While far from perfect, even then, governments were grappling with the complexities of ensuring fairness and sustainability in taxation. Today, we find ourselves facing similar challenges. Following the UK's Autumn Budget 2024, the Labour Government announced yet another independent review of the controversial loan charge policy, introduced in 2017 to tackle tax avoidance schemes. As a result, HMRC has paused recovery and enforcement of the loan charge in certain cases while this review is underway. What Does This Mean for Taxpayers? The pause provides taxpayers with some much-needed breathing room to reassess their financial and legal options. Ultimately, retrospective taxation undermines trust in the system and is seen as unfair, especially when the rules are not clear at the time of the arrangements. This pause should be seen as an opportunity for HMRC to reassess its approach, balancing the powers of the state with the rights of taxpayers, ensuring that any actions taken are fair and just. Taxpayers should use this time to consult professionals, explore settlement options, dispute resolutions, or potential appeals, to ensure their cases are handled effectively. My Takeaways Reflecting on my time in Egypt (to which I share a photo for credibility, of-course), I saw how preparation, fairness, and balance create enduring legacies. This same ethos is crucial in tax matters: 🌟 Tax systems must be built on clarity and fairness, ensuring that taxpayers can trust the rules they follow. 🌟 Retrospective legislation, like the loan charge, creates significant unfairness. Taxpayers should not be punished for arrangements that were made based on unclear guidance. 🌟 A balance of power between the state and taxpayers is essential, prioritizing fairness and collaboration over punishment and coercion. 🌟 Temporary pauses like this offer an opportunity—for HMRC to recalibrate its approach and for taxpayers to act proactively. If you or someone you know is impacted by the loan charge, feel free to reach out to me or my colleagues Andy Lynch or Stephen Downie at Francis Wilks & Jones for advice. We’re here to help you navigate these challenges and find a way forward. What’s your perspective on HMRC’s recent pause or the loan charge itself? Let’s discuss in the comments below. #loancharge #taxcompliance #hmrc #taxreturns #taxavoidance #taxreform #taxlitigation #taxlawupdates #taxevasion

On the 4th of October, judgement was handed down, in the matter of Smith & Partner Limited (in Liquidation) [2024] EWHC 2518 (Ch), confirming the continuation of injunctions obtained by liquidators on an ex-parte basis. Congratulations to Maria Koureas-Jones and Sima Sinai who were the instructing solicitors on this case. You can read the full case here: https://bit.ly/3OoU4PI #FraudCase #LegalAdvice #BusinessLaw

If you’re making an income from dog breeding, it’s crucial to report this to HMRC to avoid penalties. If you haven’t, don’t worry- you can still use the digital disclosure service which allows you to make a voluntary disclosure to HMRC. At FWJ, we can help you to notify HMRC and disclose any tax affairs you wish to correct. Whether it’s income from dog breeding, or other, we specialise in representing individuals and businesses facing HMRC investigations to protect your best interests. #HMRC #TaxInvestigation #LegalAdvice