Suspended sentence for director who breached his disqualification
Robert Kurzawa was disqualified as a director after his RK UK Construction Ltd company failed to pay more than £195,000 in tax
However, Kurzawa disregarded the director ban and continued to manage a second company, RK UK Joinery Ltd, when he was not allowed to
RK UK Joinery Ltd went into liquidation with liabilities of more than £159,000, which included £108,000 to HM Revenue and Customs (HMRC) and more than £50,000 to other tradespeople
A Bedfordshire joiner whose two companies failed to pay more than £300,000 in tax has been sentenced after ignoring a director disqualification.
Robert Kurzawa was banned as a director for three years in 2017 after his RK UK Construction Ltd company went into liquidation owing more than £195,000 in tax.
However, Kurzawa continued acting as a director of his separate RK UK Joinery Ltd company in all but name following his disqualification.
RK UK Joinery Ltd was wound-up by the courts in November 2018 following a petition from HMRC in relation to a further £108,000 in unpaid taxes.
Kurzawa, 45, of Crabtree Way, Dunstable, was sentenced to 12 weeks in prison, suspended for two years, at Luton Crown Court on Friday 5 September.
He was also disqualified as a company director for a further four years.
David Snasdell, Chief Investigator at the Insolvency Service, said:
Company directors can be disqualified for a number of reasons, including for not paying the right amount of tax. When directors are banned, they are expected not to be involved in the formation, promotion or management of a company.
Directors breaching their disqualifications is a serious offence which undermines economic confidence. If unfit directors such as Robert Kurzawa continue to act in that role, there is an increased risk that the companies they manage will go into liquidation, with a loss to creditors.
This is exactly what happened when Kurzawa deliberately ignored the restrictions that were placed on him.
The Insolvency Service will continue to work hard to ensure the UK remains a safe and fair place to do business.
Kurzawa's first company, RK UK Construction Ltd, was established in September 2008. RK UK Joinery Ltd was set up in August 2013.
RK UK Construction Ltd was liquidated in September 2015 owing £195,361 in PAYE, national insurance contributions, Construction Industry Scheme deductions, and corporation tax.
This failure to pay the correct amount of tax resulted in Kurzawa being disqualified as a company director in April 2017.
Kurzawa officially resigned as a director of RK UK Joinery Ltd the day after he was banned.
However, investigations by the Insolvency Service revealed that Kurzawa retained control of the company bank accounts and remained the sole named person on all trade receipts following his disqualification.
Kurzawa was also referred to as the director of the company when he tried to set up a payment plan for debts owed to HMRC.
HMRC presented a winding-up petition to the courts in October 2018, claiming that RK UK Joinery Ltd had failed to pay £108,796 in tax. Trade creditors were also owed more than £50,000.
The company was shut down the following month.
The Insolvency Service is seeking a confiscation of funds against Kurzawa under the Proceeds of Crime Act 2002.
