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Essex builder banned for tax dodging

1 Mar 13 The director of a Basildon construction company has been disqualified for five years for using the company’s last remaining funds to pay an associated company ahead of the taxman.

Anthony Disomma, aged 52 and the director of Company Design Ltd, was disqualified after an investigation by the Insolvency Service.

Company Design Ltd specialised in fitting suspended ceilings and partitions in commercial properties. It went into liquidation on 23 August 2011 owing at least £90,000 to creditors. The majority of this debt was made up of £75,000 owed to HM Revenue & Customs (HMRC) in unpaid taxes. HMRC’s records show that the company had unpaid tax arrears from October 2010.

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The Insolvency Service investigation showed that on 1 August 2011, Mr Disomma sought advice from an insolvency practitioner regarding his company’s financial position. He was told that the company was insolvent and instructed for it to be placed into liquidation. Nine days later he signed a cheque for £25,000 payable to an associated company. The cheque was cleared on 12 August 2011, causing the company’s bank account to be overdrawn and leaving no money to pay to HMRC.

Commenting on the disqualification, Mark Bruce, a chief examiner at the Insolvency Service said: “Directors who seek an unfair advantage over their competitors by not paying tax are damaging commercial confidence and harming the UK’s reputation as a place to do business. They should not expect to get away with it. Other directors tempted to follow this path should remember that if they run a business in a way that is detrimental to either its customers or its creditors they lose the protection afforded by limited liability. The Insolvency Service will investigate them and seek to remove them from the business environment.”

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