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1010106
registered interest false more like this
date less than 2018-11-19more like thisremove minimum value filter
answering body
Treasury more like this
answering dept id 14 more like this
answering dept short name Treasury more like this
answering dept sort name Treasury remove filter
hansard heading Insolvency more like this
house id 2 more like this
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government what assessment they have made of the impact of the announcement in the 2018 Budget of making HMRC a secondary preferential creditor in insolvency on (1) secured creditors, (2) floating charge holders, and (3) unsecured creditors such as pension funds and small businesses. more like this
tabling member printed
Baroness Burt of Solihull more like this
uin HL11553 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-12-03more like thismore than 2018-12-03
answer text <p>The government does not expect this reform to significantly impact access to finance or the cost of borrowing.</p><p>The independent OBR did not make any adjustments to their economic forecast in regard to this measure.</p><p>At Budget 2018, the Government published the following assessment:</p><table><tbody><tr><td><p>Type of Creditor</p></td><td><p>Explanation and Examples</p></td><td><p>Current Average Percentage of Debt Recovered in Insolvency</p></td><td><p>New Average Percentage of Debt Recovered in Insolvency</p></td></tr><tr><td><p><ol><li>Fixed charge secured creditors</li></ol></p></td><td><p>Lenders to whom the business granted security, primarily financial institutions. When a fixed charge is provided, the company loses the right to sell or trade the item. These assets tend to be fundamental to the business; for example, machinery, property or vehicles.</p></td><td><p>36%</p></td><td><p>36% (unchanged)</p></td></tr><tr><td><p><ol start="2"><li>Insolvency practitioners</li></ol></p></td><td><p>Fees for overseeing the process.</p></td><td><p>As charged</p></td><td><p>As charged</p></td></tr><tr><td><p><ol start="3"><li>Preferential Creditors</li></ol></p></td><td><p>Claims by the Redundancy Payment Service (RPS) and Financial Services Compensation Scheme (FSCS) on behalf of employees and customers (to statutory limits); and from 2020, HMRC will be a secondary preferential creditor (below the RPS and FSCS) for Value-Added Tax, Employee National Insurance contributions, Pay-As-You-Earn Income Tax and Construction Industry Scheme Deductions.</p></td><td><p>83%</p></td><td><p>83% (unchanged) for existing preferential creditors; 14% for HMRC</p></td></tr><tr><td><p><ol start="4"><li>Floating charge secured creditors</li></ol></p></td><td><p>Lenders for whom the company is not granted security, primarily financial institutions. This tends t be the case in relation to assets that are not fixed; for example, stocks, raw materials, fixtures and fittings or cash.</p></td><td><p>36%</p></td><td><p>Less than 36%</p></td></tr><tr><td><p><ol start="5"><li>Unsecured creditors</li></ol></p></td><td><p>All remaining creditors, including HMRC debts levied directly on businesses; and debts owed to suppliers, contractors, landlords and customers.</p></td><td><p>4%</p></td><td><p>Less than 4%</p></td></tr><tr><td><p><ol start="6"><li>Shareholder</li></ol></p></td><td><p>Only get paid if all the above creditors are paid in full.</p></td><td><p>N/A</p></td><td><p>N/A</p></td></tr></tbody></table><p><strong> </strong></p><p> </p>
answering member printed Lord Bates more like this
grouped question UIN
HL11554 more like this
HL11555 more like this
question first answered
less than 2018-12-03T14:50:03.893Zmore like thismore than 2018-12-03T14:50:03.893Z
answering member
1091
label Biography information for Lord Bates more like this
tabling member
1567
label Biography information for Baroness Burt of Solihull more like this