An old company HMRC Objection to strike off

[mintminty59]

Hello everyone
I have a nightmare scenario, I used to be a 50% shareholder with my ex partner and a company was setup as I did a lot of contract work for her. She hit troubled times yet I continued to work for free in the hope she would be able to trade her way out. This was back in 2010 I was told by my accountant to pay myself in terms of dividends and I always kept enough money behind to pay the CT bill. Anyway to cut a long story short my ex at the time asked for some of the money back to help her pay a bill so she could continue to trade her way out. She since then vanished and I assumed the accountant had in fact informed all releveant parties the company had stopped trading. This is where things get messy. I then went back into full time employment and took out an insurance policy that is now not paying out because it shows I am still a 50% shareholder in this company. To my horror the company has not been disolved as no accounts have been filled since 2010 and HMRC have objected to its strike off. I have contacted HMRC who say I owe them approx £6k in CT and that is the only outstanding debt the company owes. However the company is owed 9 months worth of invoices which where never paid as the company who owed the money has been struck off in 2012. I have no idea what on earth to do as I dont have £6k to pay HMRC or any cash (as I am unemployed) to appoint anyone to sort this out. I sent in a TM01 to resign but this apparently does not take me off as a shareholder. Please help I am no sick with worry

 

[Scalloway]

For anything to happen to you HMRC would need to apply to have the company wound up. For £6,000 they may not think it is worth the bother and Companies House will eventually strike the company off. You are not personally liable unless HMRC take steps to liquidate the company and the liquidator considers you have taken illegal dividends.

 

[mintminty59]

Thank you for your reply, 3 times HMRC have objected to the strike off since 2010, and my shareholding is preventing me from claiming my unemployment insurance and the prospect of losing the lot now is taking hold. I need to find a way to get myself off as a share holder as the other share holder has vanished I have no idea what I need to do. I did file a TM01 yesterday resigning but apparently I will still show as owning shares.

 

[Scalloway]

As far as I am aware there is nothing to stop you transferring your shares to another individual. Howver as I understand it for that transfer to be a matter of public record the company would need to file an annual return. That would bring it back to life.

 

[mintminty59]

Yea thats the problem, as nothing had happened to the company since 2010 nothing has been filed hence the strike off proposal HMRC are objecting to. I have no idea what to do

 

[mintminty59]

The company she owned along side that I was contracting to owes the company 9 months worth of invoices and she managed to get hers struck off with a massive amount of debt. So as it was my only contract I had no alternative but to just stop. I thought the accountant had sorted it all out apparently not and he is not returning my phone calls.

 

[Scalloway]

The only thing I can think off is to file for striking of yourself. It costs £10 Companies House do get fed up with HMRC objecting without taking further steps and will eventually strike the company off.

 

[mintminty59]

DISS16(SOAS)21/12/2013COMPULSORY STRIKE OFF SUSPENDED (DISS16(SOAS))

GAZ105/11/2013FIRST GAZETTE

DISS16(SOAS)30/03/2011COMPULSORY STRIKE OFF SUSPENDED (DISS16(SOAS))

GAZ108/03/2011FIRST GAZETTE

That is the history, how long does this process normally take as my insurance wont pay until this is done

 

[mintminty59]

Apparently that DS01 form needs both directors to sign, and I have already put in a TM01 and I have no idea where the other director is she vanished.

 

[kelvin1950]

In which case, I would ring CH and ask them what to do. They're quite helpful in my experience.

 

[mintminty59]

Already tried that, they said you need to contact HMRC or file a return with a completed SH02 form. But doing that means I need an accountant and as gentleman above said this would bring everything back to life. I feel im going around in circles

 

[Scalloway]

Apparently that DS01 form needs both directors to sign, and I have already put in a TM01 and I have no idea where the other director is she vanished.

Then I think you are stuck until Companies House strike it off themselves.

 

[mintminty59]

I have written to HMRC explaining the situation and asked them to strike the company off. All I can do