HMRC objects to strike off

[tops321]

Hi there

We have recently learned that hmrc have objected to the voluntary strike off. This is obviously as we still owe £1200.

The company is insolvent and cannot pay this. Do you think they will wind up the company considering this is only a small amount owed?

thanks

 

[Spongebob]

Possibly, possibly not.

If nothing happens apply again in six months. Otherwise just forget about it and get on with your life.

If HMRC wind the company up you will have to go to an interview at the OR office. Whatever happens you will not have to pay anyone any money.

 

[tops321]

I've recieved no correspondence from hmrc and only found out from CH.

Do they normally object then put a petition in straight away or is it just so they can have more time to chase the debt?

If wound up is there any way the director doesnt have to attend the meeting? as I now work abroad on a perminant contract.

 

[yorkshirejames]

I've recieved no correspondence from hmrc and only found out from CH.

Do they normally object then put a petition in straight away or is it just so they can have more time to chase the debt?

If wound up is there any way the director doesnt have to attend the meeting? as I now work abroad on a perminant contract.

Are you ever coming back to the UK?

Interesting question, definitely.

 

[tops321]

Well at the moment it wasnt the plan. To fly back specially it would probably be nearly the same cost to just pay the debt off.

 

[scott321]

My advice was to apply again even though the first application was objectedd to but this time write to them as suggested and inform them of what you are doing. In that way you have fulfilled your obligations to them. The alternative is, as crabbingtime stated, let them wind the company up but they will then pursue you personally for any overdrawn DLA

 

[Spongebob]

hey will then pursue you personally for any overdrawn DLA

It is the Official Receiver, not HMRC, who have the power to pursue directors for repayment of any overdrawn directors loan account.

In this situation - where the sole director now lives abroad and the sums owed are minor - I can't imagine that the OR will spend more than a few minutes looking at the case before closing it in the easiest way open to him. He will have virtually no documentation to examine and will in all probability be unaware of any overdrawn DLA.

To the OP - I would simply ignore any correspondence that may be forwarded to you from HMRC, the High Court, or the Official Receivers Office. If you have left the country then there is no way that they will pursue you for the sums you have mentioned.

 

[tops321]

Spongebob

Thanks for the advice.

My concern is that, the company will be wound up and the OR will request documents and if I don't send them I may face criminal charges if I return to uk at some point. Is this possible?

I only say this as I'm sure its the law to comply with certain director regulations or criminal charges may apply. Maybe I'm misunderstood.

?

 

[Spongebob]

You can only send documents to the OR if you receive a letter from them requesting them. You are now out of the country and the OR does not know your address.

What letter?

 

[tops321]

Yes I see.

There must be some sort of consequenses for not corresponding with the OR? In normal cercumstances what would these be?

 

[Spongebob]

I'm not sure of the ultimate sanctions but at some point you would probably get a visit at home from a member of the OR staff. If you've moved abroad and they don't know where you are however, what can they do?

If there was a suspicion of major fraud or there was simply large amounts of money likely to be recovered, they would doubtless involve outside agencies or the police to trace you, but for £1200?

I don't think so.


Remember, these people are beaurocrats. They are not so much interested in doing a fantastic job of work as ending each week or day with an empty desk. If there is a way of clearing your file off their desk while ticking the relevent boxes and ensuring that their arse is covered they will do it.