compulsory strike off suspended

[barb62]

Hi all,
Again like many others I have read through various threads and about the Spongebob plan but would still like some advice specific to my case. Due to some "messy" times my partner and I have not filed our accounts and our limited company is now subject to compulsory strike off, which has subsequently been suspended. We have not stopped working with the company but income is seriously up and down, which was especially the case last year. We are both on PAYE through the company on director's salaries, but now owe around 3000 GBP for CT of 2012 and have not prepared accounts for the following year. Our accountant has not contacted us since the last accounts filing last year. For a series of personal reasons we have let this situation become out of control, and have no funds to sort out the outstanding debts. If we leave the situation as it stands to proceed with the strike off by CH do we need to send HMRC correspondence to this effect? I imagine they have objected so far. The other doubt is that if we do adopt an approach similar to the Spongebob plan what would our status be then to open another company and the likelihood of being accepted for a new business banking account for the new company? Does being struck off influence creditworthiness in this respect? Perhaps a naive question but would appreciate some guidance.

 

[SWGlobal]

who applied to have the company dissolved? I take it it was you as HMRC wouldn't be objecting to its own action. Do you mean struck off or compulsory liquidation? Whatever state its in all you can do under your own control is to ceased trading the business and wait 3 months then apply to have the company dissolved using a DS01. If HRMC have appointed an I.P let them carry on and any assets in the business will be liquidated and then the company dissolved.
If the later you may become personally liable for any PAYE / NI attributable to your own salaries and any PG's you may have signed may be called in.

If the company is dissolved there is no real limitation on you starting again. If you are struck off as directors then this is a different story but I don't think you mean this.

You need to get a good handle on exactly what is happening and who is driving it then maybe post back

 

[Scalloway]

I would think the best action would be to cease trading under the old company and start afresh. Write to HMRC telling them that the company has ceased trading, has no funds and invite them to appoint a liquidator.