HMRC accept the majority of properly drafted CVA Proposals which can give the Company up to 5 years to make repayments.
The offer must be accepted by 75% of creditors, by value, and by more than 50% of independent, non-associated creditors.
It is also often the case that the CVA will allow the Company to write off a significant percentage of its debt.
A typical CVA may, for example, offer to pay creditors 50% of what they are owed over a 5 year period. At its successful conclusion the remaining debt is completely written off.
In order for the CVA offer to be acceptable to most creditors, including HMRC, it typically has to fulfil the following criteria:
- Must offer a better return to creditors than Liquidation
- Must be a fair offer – i.e the contribution is as much as the Company can afford, over a sensible amount of time (typically 5 years if the debt is not to be repaid in full)
For a flowchart highlighting how the CVA process will typically work.