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Striking off ltd company owing corp tax

Discussion in 'Insolvency' started by Weg1974, Mar 7, 2018.

  1. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    good afternoon all i could really do with some clear advise on my stressful issue.
    I have a ltd company that hasnt traded for 2 years but its still open for the advise of our bookkeeper as we are owed cis repayments which will be used to off set some corp tax once this is done it will still leave a shortfall of £10k.
    My old buisness partner just buries his head and i have to deal with everything ive moved away with my family and am simply now a sole trader but need to get my name around so work is very slow and i can only just cover my bills.
    Can i fill out a DS01 and notify HRMC of my intention if so ive written out the spongebob plan letter and filled out the DS01 my issue is because my old buisness partner does nothing i found out that HRMC had enlisted the services of a collection officer and that we had to make some payments which ive done now although late but cant afford to make anymore And am late again in making another one i have called and text the collection officer but he never calls back or answers texts.
    Any advise would be so much appreciated.
    Thankyou in advance steve
     
    Posted: Mar 7, 2018 By: Weg1974 Member since: Aug 15, 2017
    #1
  2. Scalloway

    Scalloway UKBF Legend Free Member

    13,224 2,860
    Do you owe the company any money?
     
    Posted: Mar 7, 2018 By: Scalloway Member since: Jun 6, 2010
    #2
  3. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    Accounts just filled by accountant shows company owes us about £1200
    Thanks
     
    Posted: Mar 7, 2018 By: Weg1974 Member since: Aug 15, 2017
    #3
  4. Scalloway

    Scalloway UKBF Legend Free Member

    13,224 2,860
    Then file the DS01, send HMRC a copy and forget about it. If you don't owe the company any money you are under no obligation to settle company debts.
     
    Posted: Mar 7, 2018 By: Scalloway Member since: Jun 6, 2010
    #4
  5. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    Thankyou scalloway
    Ill send the DS01 to CH and copy of spongbob letter to hrmc first thing
    I may actually sleep tonight
    All the very best
     
    Posted: Mar 7, 2018 By: Weg1974 Member since: Aug 15, 2017
    #5
  6. Lisa Thomas

    Lisa Thomas UKBF Enthusiast Free Member

    1,939 246
    HMRC will object to the striking off unless and until the final returns are filed. You will need to keep trying and hope it slips through the net or they liquidate. Unlikely for £10k.
     
    Posted: Mar 8, 2018 By: Lisa Thomas Member since: Apr 20, 2015
    #6
  7. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    Hi Lisa
    Thanks for your reply the final accounts have now been done and submitted
    Kind regards steve
     
    Posted: Mar 8, 2018 By: Weg1974 Member since: Aug 15, 2017
    #7
  8. Lisa Thomas

    Lisa Thomas UKBF Enthusiast Free Member

    1,939 246
    Best of luck.
     
    Posted: Mar 8, 2018 By: Lisa Thomas Member since: Apr 20, 2015
    #8
  9. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    Thankyou
     
    Posted: Mar 8, 2018 By: Weg1974 Member since: Aug 15, 2017
    #9
  10. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    Hi All
    Trust your well
    The company still shows as active but is in process of striking off i believe no one has contested it yet but then it would only be corp tax however i have since found out that the £16k owed in cis to us hasnt been released to corp yet as there is a query on it so its just sitting there until resolved which im hoping they will clarify what extra info they need as my old book lady bought a boat and literally sailed off so i cant get her to do it.
    I now have corp tax collection officer on my back demanding the £28 k owed to corp there adding interest daily should i tell him we are in the process of stiking off or not and try and keep him at bay until the strike off is complete which im told could be july time any advise would be much appreciated thanks steve
     
    Last edited: May 9, 2018
    Posted: May 9, 2018 By: Weg1974 Member since: Aug 15, 2017
    #10
  11. Mr D

    Mr D UKBF Legend Free Member

    7,376 768

    Tell him the company has ceased trading and has no assets. He will likely continue demanding money but what can he do? Raid the company bank account? Seize company assets?
     
    Posted: May 9, 2018 By: Mr D Member since: Feb 12, 2017
    #11
  12. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    Thanks for reply
    Will he not come after us on a personal level though ?
    Registered address is the accontants !
     
    Posted: May 9, 2018 By: Weg1974 Member since: Aug 15, 2017
    #12
  13. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    We havent been trading for over a year the bank acc has about £120 in it and there are no assets !
     
    Posted: May 9, 2018 By: Weg1974 Member since: Aug 15, 2017
    #13
  14. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    As the company shows active on comapnies house he says its active so still trading !
     
    Posted: May 9, 2018 By: Weg1974 Member since: Aug 15, 2017
    #14
  15. Lisa Thomas

    Lisa Thomas UKBF Enthusiast Free Member

    1,939 246
    Active and trading are two different things...
     
    Posted: May 9, 2018 By: Lisa Thomas Member since: Apr 20, 2015
    #15
  16. Mr D

    Mr D UKBF Legend Free Member

    7,376 768

    The debts of a limited company belong to the business. Not your debts personally.
    Sure they'd like you to pay company debts using personal money, who wouldn't want to get paid? But being able to force that? No.

    Where you have given a personal guarantee of a debt (such as rent, loan etc) then that debt is a personal debt if the business does not pay.
    Or if the protection of the company is removed - which isn't going to happen unless you are investigated. Steal a few million from HMRC and protection being removed may be an issue. :)
     
    Posted: May 9, 2018 By: Mr D Member since: Feb 12, 2017
    #16
  17. Mr D

    Mr D UKBF Legend Free Member

    7,376 768

    I had debt collectors ringing me right up until a week or so after the company dissolved.
    While the dissolution process was ongoing through companies house one company still wanted me to make payments on account towards the debt. Payments that would have cleared that debt entirely within a few months.
     
    Posted: May 9, 2018 By: Mr D Member since: Feb 12, 2017
    #17
  18. Weg1974

    Weg1974 UKBF Newcomer Free Member

    16 0
    So do i need to resolve the missing info with CIS to pay off some of the corp tax or do i just let the collection agent go to accountants office and i assume he will come to our homes we have already paid £2 k personally towards company debts but simply cant afford it any longer
    Reviewing all the much appreciated help from you all im a right to just let them keep sending letters collection officers and fines through until the company is stuck off and if it doesnt get struck off this time just reaply until it does ?
     
    Posted: May 9, 2018 By: Weg1974 Member since: Aug 15, 2017
    #18
  19. Mr D

    Mr D UKBF Legend Free Member

    7,376 768
    So he comes to you home. What then? Your personal possessions are not belonging to the company. Are they?
     
    Posted: May 9, 2018 By: Mr D Member since: Feb 12, 2017
    #19
  20. Lisa Thomas

    Lisa Thomas UKBF Enthusiast Free Member

    1,939 246
    You do not need to personally pay for the Company's debts.
     
    Posted: May 9, 2018 By: Lisa Thomas Member since: Apr 20, 2015
    #20