Freelancers’ Questions: Will his tax debt hurt our new venture together?
Freelancer’s Question: I'm starting up a brand new design business with a couple of other freelancers who’ve got experience in the field. But one person in this new and gradually forming business owes money relating to tax. How would his tax debt affect the business earnings in terms of him, the other founding members and the business as a whole, if at all?
Expert’s Answer: Unfortunately it is not clear from your question exactly how this person with a tax debt wishes to become involved in your company. The three possibilities are: as an investor (i.e. shareholder), a director and as an employee.Of course, the person may be all three.
An individual’s personal financial
circumstances are irrelevant to them becoming an investor/shareholder and you
should have no worries in this circumstance. Equally, if the person intends to
be nothing more than an employee, other than a possible “Direct Earnings
Attachment Order” imposed by the courts, then their personal finances will not
affect your company.
The only situation where your company may become affected would be if the individual were to become a director and subsequently, due to court proceedings, prevented from acting as a director in the future by the courts. This would be very unusual and is only relevant where the individual’s money problems resulted from a previous company involvement when also acting as a director.
So in summary, it is highly unlikely that you
should have any concerns about the possibility of one of your participators
running into personal financial difficulties. Good luck in your new venture!
The expert was Barry Roback, FCA, a director
at the Anderson Group, an
accountancy firm serving freelancers and the self-employed.
18th January 2016