HMRC cancelled cheque just before dissolution

[DeeBee83]

Hi all.. I am after some urgent advice and I have already beaten myself up about this so only helpful advise required..

09/10/17: HMRC issues a corp tax refund for £4k

12th Oct 17 - 1st January: Made several calls about 8 calls (waiting for itemised phone bill) to HMRC to request the cheque to be reissued in the Directors name as company was going through dissolution and didnt want to risk having the money frozen in the bank account. Advised on one occasion to dispose the cheque as a new one had been requested. Every time I called I was told cheque had been reissued.

02/01/18: Decided to take a chance and deposited 2 cheques into the business bank account; one for a VAT refund for the value of £5k and one for corporation tax refund for the value of £4k

07/01/18: Only the VAT refund cheque has cleared and the corporation tax refund cheque appeared on bank statement as "Cancelled cheque"

08/01/18: Transferred the VAT money from the business bank account.

09/01/18: Company officially dissolved.
Now HMRC wont even speak to me cause the company was dissolved and not sure how to get it back. Causing me a lot of anxiety.
Thank you in advance

 

[Scalloway]

If the company has been dissolved then the only way to get the money is to have restored.

https://www.gov.uk/restore-dissolved-company

 

[Newchodge]

It wasn't your money. It was the company's money. You asked them to issue a new cheque, they told you to dispose of the old one as a new one had been requested, so presumably they cancelled the cheque at that point. I would be amazed if HMRC would issue a cheque for money owed to a company in the name of an individual.

 

[Socio South West]

Similar experience here DeeBee83 - PM Me if you'd like to know how I dealt with it.

 

[Alan]

PM Me if you'd like to know how I dealt with it.

Rather than keep it secret, why not share at least the high level action you took, for the benefit of the forum?

 

[DeeBee83]

Technically yes it was the business's money but as my sole source of income I rely on that money as a salary being the director and as a dividend as the only company shareholder. I think to assume the money rightfully belongs to the Treasury as opposed to me as a company director and shareholder is incorrect. Thanks for responding though.

 

[Mr D]

Technically yes it was the business's money but as my sole source of income I rely on that money as a salary being the director and as a dividend as the only company shareholder. I think to assume the money rightfully belongs to the Treasury as opposed to me as a company director and shareholder is incorrect. Thanks for responding though.

Well it does rightly belong to the crown now as all assets of the company on dissolution are transferred. Bona Vacantia.
You would have been better taking the cheque as it was and banking it, then taking out of the business.

Now.... you will be trying to convince HMRC that money due to one legal entity (company) should be paid out to another legal entity (you) when it belongs to another legal entity (the crown) because the company was dissolved presumably with you wanting that or refusing to prevent that.

No idea whether you would need to resurrect the company but it sounds like you have created additional problems you didn't have.

 

[Mark T Jones]

Whatever your opinion on who the money belongs to, the fact is that it believes nags (belonged) to the company, not to you

HMRC can’t divert it to you any more than they can to me or to your mate up the road

I’d follow the above advice, reinstate the business and get it paid to them

 

[JEREMY HAWKE]

Rather than keep it secret, why not share at least the high level action you took, for the benefit of the forum?

Somethings are best kept to dark tunnels of the forum

I think about the spongebob plan
Bob only posted it because he knew the info was solid and still some say it is wrong even though it has been proven