Dissolved Company Director Liability advice

Discussion in 'Accounts & Finance' started by michael_d, Aug 20, 2014.

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  1. michael_d

    michael_d UKBF Newcomer Free Member

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    Hi all - having a long running problem with hmrc, and would like some advice.

    in 2010/11 i was director of a company, which was struggling.
    the accountant working out the paye advised me to make a 6month payment of £740 based on the salary he had me down as earning.
    i parted company with the accountant before the end of that year.
    at the year end a different accountant looked over the books and calculated that the amount i had actually managed to take was substantially less than the projection, and so i was under the threshold for tax.
    in that year i had earned £6655.
    Instead of paying the second half of the paye demand, i successfully claimed back the £740 as it should not have been paid.
    the company had pay as £6655 and tax as zero.
    in my self assessment i think i put down i had paid £740 tax as it was before i got the refund.

    in 2012 the company was dissolved.

    hmrc have asked me for the £740 back, because they have it showing that it was due, because i declared it on the self assessment, they had refunded it, and wanted it back.
    they have also charged me £212 inaccuracy penalty.

    they called me today, and explained, that as i was the director - i should send in an ammended p35 and p14.
    they said i should put down pay as zero and tax as £740.
    it was explained this would balance the pay of £6655 and tax of zero.
    and that the penalty would also then be dismissed as everything would be in order,

    however

    the company would then be liable for the £740.
    she said one way or another £740 would have to be paid.
    i asked a number of times, what the £740 was for, and the only answer they ever give is 'it's because you declared it was due'

    my questions are:
    1 - do i have to pay it even though it was a mistake?
    2 - if i put in an ammended p35 and p14 as she suggests, am i formally admitting that there is in fact a debt to pay.
    3 - am i even allowed to sumit forms as a former director - for a dissolved company?
    4 - if the company is liable, does that make me responsible, as a director to a debt for a company which was dissolve two years ago?

    many thanks if you can understand this - any advice would be welcome.
     
    Posted: Aug 20, 2014 By: michael_d Member since: Aug 20, 2014
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  2. StevensOnln1

    StevensOnln1 UKBF Big Shot Free Member

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    Have you submitted an amended self assessment showing the correct amount of wages that you took from the company?
     
    Posted: Aug 20, 2014 By: StevensOnln1 Member since: Dec 10, 2011
    #2
  3. michael_d

    michael_d UKBF Newcomer Free Member

    5 0
    yes i think so - and i also think that is where the discrepancy has arisen.
    they are taking the figures from the amended self assessment which shows no tax to pay.
    yet they have down somewhere that £740 was due.
    i have a feeling the original accountant has somewhere put down it was due.
    the £740 was paid, but now it has been refunded (2 years ago) they are showing that there is a shortfall of £740, because somewhere i (or the accountant) has declared it was owed.
     
    Posted: Aug 20, 2014 By: michael_d Member since: Aug 20, 2014
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  4. Newchodge

    Newchodge UKBF Big Shot Free Member

    11,961 3,102
    Wow.

    What do you mean 'make a 6 month payment of £740.

    You were an employee of a limited company. Either you were getting a salary with appropriate PAYE deducted or not.

    6 month payment sounds lie you were self employed. I would sek professional advice about suing your first accountant for negligence!

    The company cannot be liable to pay anything if it has been dissolved. it does not exist it cannot pay hmrc anything
     
    Posted: Aug 20, 2014 By: Newchodge Member since: Nov 8, 2012
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