Press release: Construction director banned for failing to declare sales income

Martin Baker was the sole director of C.J.M Tiling Limited (CJMT), which was incorporated in 2007 and traded as a construction company in Cradley Heath, West Midlands.

On 3 December 2015 and 4 March 2016, HMRC made unannounced visits to CJMT and identified the construction company had under-declared its VAT liabilities by failing to disclose all its sales.

Furthermore, an additional bank account was identified in which sales income was deposited. HMRC raised an officer’s assessment for additional VAT liabilities of £205,262 for the period June 2012 to December 2015, as well as applying civil penalties of £90,146 to the company.

CJMT later entered liquidation on 26 January 2017 owing £469,673 to creditors, including at least £344,221 for VAT, and following the company’s liquidation, the Insolvency Service carried out its own investigations, leading to Martin Baker’s disqualification.

On 21 May 2018, the Secretary of State for Business, Energy & Industrial Strategy accepted a disqualification undertaking from, Martin Baker, effective from 11 June 2018, for a period of 7 years.

In giving the undertaking, Martin Baker admitted that he failed to ensure the company declared its true VAT liabilities on returns submitted to HMRC between June 2012 to December 2015, by failing to disclose all its sales.

Martin Baker further admitted that a second company bank account was not disclosed to HMRC. This resulted in under-declarations of VAT due, as a consequence of which penalties were raised.

His ban means Martin Baker cannot promote, manage, or be a director of a limited company.

Commenting on the disqualification, Jane Knight, deputy head of insolvency investigations for the Insolvency Service, said:

Under-declaration of the VAT due by a company deprives the exchequer of the monies needed to provide public services.

In co-operation with HMRC, the Insolvency Service will not hesitate to investigate such misconduct with disqualification as a director the likely outcome.

Notes to editors

C.J.M Tiling Limited (Company Reg No. 06318407) was incorporated on 19 July 2007 and traded from 213 Halesowen Road, Cradley Heath, West Midlands, B64 6HE. Martin Baker was appointed as a director from 19 July 2007 to 26 January 2017, the date of liquidation.

Martin Baker is of Oldbury, in the West Midlands and his date of birth is April 1968.

The matters of unfitness, which Mr Baker did not dispute in his disqualification undertaking, were that:

I failed to ensure that C.J.M. Tiling Limited (CJM) declared its true Value Added Tax (VAT) liabilities on returns submitted to HM Revenue and Customs (HMRC) between the quarters ended 30th June 2012 to 31st December 2015, by failing to disclose all its sales. In addition a second bank account was not disclosed to HMRC. This resulted in under-declarations of VAT due over this period of at least £205,262 and as a consequence penalties of £90,146 were raised.

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.

The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency deals with disqualification of directors in corporate failures, 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.

Contact Press Office

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

Press Office

The Insolvency Service


4 Abbey Orchard Street
London
SW1P 2HT

This service is for journalists only. For any other queries, please contact the Insolvency Enquiry line on 0300 678 0015.

For all media enquiries outside normal working hours, please contact the Department for Business, Energy and Industrial Strategy Press Office on 020 7215 1000.

You can also follow the Insolvency Service on:

Link: Press release: Construction director banned for failing to declare sales income
Source: Gov Press Releases

Press release: Restaurant boss banned after company hired illegal worker

Shui Ping Lee, also known as David Lee and David Shui Ping Lee, was the sole director of Goodwin Ichiban Limited (Goodwin). The company was incorporated in June 2011 and traded as Ichiban Noodle café and Ichiban Fusion from 184 Dumbarton Road, Glasgow.

In January 2017, Home Office Immigration Enforcement requested evidence of the document checks made in respect of an employee. As a result of that check, on 9 February 2017 Goodwin Ichiban was fined £15,000 for employing an illegal worker.

However, the company was unable to pay the fine and was placed into liquidation in October 2017.

Following the conclusion of the liquidation, the Insolvency Service investigated the company’s failure and on 31 May 2018, the Secretary of State accepted a disqualification undertaking from Shui Ping Lee after he admitted that the company had employed an illegal worker.

Shui Ping Lee, 55 from Glasgow, is disqualified from acting as a director of a company for three-and-a-half years – effective from 21 June 2018.

Commenting on the ban, Dave Elliot, lead investigator at the Insolvency Service, said:

Illegal workers are not protected under employment law, and as well as cheating legitimate job seekers out of employment opportunities, these employers don’t ensure appropriate tax is paid, and as a result can undercut honest competitors.

This should serve as a warning to other directors who may feel tempted to break the law.
“Immigration laws make employers responsible for preventing illegal workers in the UK. To comply with the law, a company must check and be able to prove documents have been checked prior to recruitment showing that a person is entitled to work in the UK.

Notes to editors

Sui Ping Lee is of Glasgow and his date of birth is September 1962.

Company Goodwin Ichiban Ltd (Company Reg no. 07653106) was incorporated on 1 June 2011 and was placed into creditors’ voluntary liquidation on 2 October 2017.

Mr Lee signed an undertaking on 28 May 2018, which was accepted by the Secretary of State for Business, Energy & Industrial Strategy on 31 May 2018.

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.

The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency deals with disqualification of directors in corporate failures, 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.

Contact Press Office

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

Press Office

The Insolvency Service


4 Abbey Orchard Street
London
SW1P 2HT

This service is for journalists only. For any other queries, please contact the Insolvency Enquiry line on 0300 678 0015.

For all media enquiries outside normal working hours, please contact the Department for Business, Energy and Industrial Strategy Press Office on 020 7215 1000.

You can also follow the Insolvency Service on:

Link: Press release: Restaurant boss banned after company hired illegal worker
Source: Gov Press Releases

The Safety of Sports Grounds (Designation) (Amendment) Order 2018

This Order amends the Safety of Sports Grounds (Designation) Order 2015 (S.I. 2015/661) so as to provide that the Millennium Stadium in Cardiff is now called the Principality Stadium, and to designate the Moss Rose Stadium in Macclesfield, Cheshire as a sports ground for which a safety certificate is required under the Safety of Sports Grounds Act 1975.

Link: The Safety of Sports Grounds (Designation) (Amendment) Order 2018
Source: Legislation .gov.uk

Weekly Threat Report 20th July 2018

Are weak login credentials allowing criminals to bypass your security?

A study by cyber security firm McAfee has found that criminal marketplaces on the dark web are selling Remote Desktop Protocol (RDP) access for as little as $3 and, in some instances, offering up to 40,000 separate RDP connections. These RDP accesses are said to include government departments and the security system of a major international airport.

RDP …

Link: Weekly Threat Report 20th July 2018
Source: NCSC Reports