HMRC has more ways of collecting a debt than any other creditor, and it does not have to pick one. Knowing which powers need a court and which do not tells you how much time you actually have, and the strongest answer is usually that the debt was never properly due.
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What HMRC Does When You Do Not Pay
HMRC has more ways of collecting a debt than any other creditor in the country, and it does not have to choose only one. Understanding the sequence, and which powers need a court and which do not, tells you how much time you actually have.
| Power | Court needed? | What it reaches |
|---|---|---|
| Coding out | No | Future PAYE income, within statutory limits |
| Taking control of goods | No | Business and personal assets |
| Direct Recovery of Debts | Only on appeal | Bank, building society and ISA balances |
| County court judgment | Yes | Gateway to the orders below |
| Attachment of earnings | Yes | Employment income at source |
| Third party debt order | Yes | Money owed to you by a third party |
| Charging order | Yes | Your interest in land |
| Statutory demand and bankruptcy | Yes | Everything |
| Winding-up petition | Yes | The company |
| Security deposit | No | Future compliance: non-payment is a criminal offence |
Taking Control of Goods
Enforcement agents acting for HMRC may take control of goods and sell them. The process runs through defined stages (a notice of enforcement giving a clear period before entry, entry to premises, an inventory and a controlled goods agreement, then removal and sale) with fees fixed at each stage and added to the debt.
What is protected
- Goods belonging to someone else, including goods on hire purchase or lease, and stock held on consignment.
- Tools, books and equipment necessary for the debtor’s employment or business, up to a statutory value.
- Basic domestic items reasonably required for the household.
Third-party ownership claims are the usual battleground and are frequently well founded: leased vehicles, financed plant, and customer property on site are all routinely listed on an inventory. The claim must be raised promptly and evidenced with the finance or hire documents.
The Court Orders
Attachment of earnings
An order to the employer to deduct from earnings and pay the court. The amount is set by reference to a protected earnings rate below which deductions cannot reduce the debtor’s pay. The application is supported by a statement of means, and the practical work is in presenting income and outgoings accurately.
Third party debt order
Freezes and then transfers money owed to the debtor by a third party, most often a bank balance, but also trade debtors. It operates on the balance at the moment the interim order is served, which makes timing everything. Grounds for opposing include that the money is not beneficially the debtor’s, that it is held jointly, or that the order would cause hardship.
Charging order
Secures the debt against the debtor’s interest in land. It does not by itself produce payment, but it converts an unsecured debt into a secured one and can be followed by an application for an order for sale. On a jointly owned property the order attaches only to the debtor’s beneficial interest, and an order for sale engages the interests of the other occupants.
Insolvency Routes
- Statutory demand and bankruptcy petition against an individual. A statutory demand can be set aside within 18 days of service where the debt is disputed on substantial grounds, or there is a counterclaim or set-off equalling or exceeding it. That window is short and is missed constantly: see our guide to statutory demands and petitions.
- Winding-up petition against a company. Advertisement of the petition freezes the bank account in practice and is usually terminal, so the response has to be immediate: see HMRC winding-up petitions.
- After a petition is presented, dispositions of the company’s property are void without a validation order: see our guide to validation orders.
How to Stop It
- Test whether the debt is established. Appeal, postponement under s55 TMA 1970, or filing the return to displace a determination. This is the strongest answer and the most frequently available.
- Reconcile the account. HMRC debt figures routinely include estimated determinations, penalties never properly notified, and payments allocated to the wrong period. Ask for a full statement for each head of tax.
- Get a Time to Pay arrangement in place. A properly agreed arrangement takes the debt out of the enforcement pipeline, and agreeing one before a penalty trigger date also prevents penalties that would otherwise arise: see Time to Pay.
- Raise vulnerability and hardship early, in writing, with evidence.
- Respond to every notice. Enforcement escalates fastest against debtors who do not engage, and most of the powers above have their own short objection or set-aside windows.
- Take advice before the insolvency stage. Once a petition is advertised, the options narrow dramatically.
Frequently Asked Questions
What can HMRC do without going to court?
Collect through your PAYE code, send enforcement agents to take control of goods, take money from your bank account under Direct Recovery of Debts, and require a security deposit for future VAT or PAYE. Attachment of earnings, third party debt orders, charging orders, bankruptcy and winding up all require the court.
What is the strongest defence to enforcement?
That the debt is not established. A sum under appeal, postponed under s55 TMA 1970, or resting on a determination that can still be displaced by filing the return is not enforceable. A surprising proportion of enforcement action is taken on debts that are not properly due, and reconciling the account frequently reveals estimated determinations, penalties never properly notified, or misallocated payments.
Can enforcement agents take goods that are not mine?
No, and third-party ownership claims are frequently well founded. Leased vehicles, financed plant and customer property on site are routinely listed on an inventory. Tools and equipment necessary for the business up to a statutory value, and basic domestic items, are also protected. The claim must be raised promptly and evidenced with the finance or hire documents.
How do I get a statutory demand set aside?
Apply within 18 days of service, on the grounds that the debt is disputed on substantial grounds, or that you have a counterclaim, set-off or cross-demand equalling or exceeding it, or that the demand is otherwise defective. That window is short and is missed constantly. Once a bankruptcy petition or a winding-up petition follows, the options narrow sharply.
Does a Time to Pay arrangement stop enforcement?
A properly agreed arrangement takes the debt out of the enforcement pipeline, and agreeing one before a penalty trigger date also prevents the penalty that would otherwise arise at that point. It does not undo penalties already incurred, and interest continues to accrue on the outstanding balance, but it is the single most effective practical step available.