Warning of enforcement action hmrc

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T

tiddler

  • #1
    hi

    Looking for a little advice. I have a business that’s insolvent and I have advised hmrc and other creditors but never heard anything back as of yet. I ceased trading in October

    Today I got home to find a warning of enforcement hand delivered to my house.

    Do I need to take any action on this other than contact hmrc to explain that the business is no longer trading?

    There is an OD DL of 9k and the CT debt is £16k. I sent the letters to hmrc signed for so hoping I find them misplaced receipts as proof of this if needed but do have copies of the letter.

    I think I know the answer, in that I will just call and update them and explain and nothing more I can do (except send DS01) but not sure if I need to be very worried about this letter. The company has no assets, I personally have no assets and am on a meagre income at present

    Any advice would be appreciated
     
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    T

    tiddler

  • #3
    Thank you Gavin. I will do this. He was asking neighbours about me, are they able to come to my new work address (I am employed, not working for myself) my work would not take kindly to this I shouldn't imagine
     
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    Lisa Thomas

    Lisa Thomas

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  • #5
    If dissolution is the only option then you should file the DS01 as soon as the notice period has passed.
     
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    Spongebob

    Spongebob

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  • #6
    When is the Confirmation Statement due for the company?

    Not submitting the Confirmation Statement now appears to result in the company automatically being dissolved around 12 weeks later.

    The interesting difference between this and an application for dissolution via a DS01 is that creditors are not informed that the company is going to be struck off and from my experience automatic CH monitoring services do not pick up on it either.

    If you send in a DS01 you would expect HMRC to lodge an objection if they are owed money. If CH gives you notice that the company will be struck off because the Confirmation Statement has not been submitted it appears that HMRC and the company’s bank do not learn if it.

    If the Confirmation Statement is due in the near future simply not submitting it might well solve your problems
     
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    T

    tiddler

  • #8
    I was reading about the confirmation statement online and it says that it’s a criminal offence not to file it and that failing to do so company owners can face prosecution which is a worry. Anyone know of this would happen?
     
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    Spongebob

    Spongebob

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  • #9
    That is perfect!

    Do absolutely nothing and the company will be dissolved by the end of March at the latest!

    Check on the company's status on the Companies House website. Any day now it say "Notice of Compulsory Strike Off".

    I wouldn't bother sending in a DS01. This will happen more quickly and smoothly.

    Meanwhile stall anyone who makes contact from HMRC. Simply repeat the mantra "The company has ceased trading and has no assets with which to fund a voluntary liquidation."

    I would advise against making any contact with them by telephone. Do not answer any calls from numbers which you suspect might be them. If one gets through just hang up and block that number for future use.

    Keep us posted on how you get on.
     
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    Spongebob

    Spongebob

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  • #10
    tiddler said:
    I was reading about the confirmation statement online and it says that it’s a criminal offence not to file it and that failing to do so company owners can face prosecution which is a worry. Anyone know of this would happen?
    Click to expand...

    I've never heard of that actually happening. My accountant tells me that he has arranged the dissolution of a dozen or so companies in this way over the last couple of years with no problems whatsoever.

    It's up to you.
     
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    T

    tiddler

  • #11
    Thanks Spongebob. Just to update, I spoke with the Enforcement chap and he said just sibmit a DS01 and that would be it. I have noticed today that the proposal to strike off has gone on today. So I think I will just leave it at this maybe?
     
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    T

    tiddler

  • #13
    Thank you! Will creditors be alerted? I have one chasing me who I have repeatedly written to to notify of the company no longer trading but they still keep chasing saying that they have not been told (I have sent the letters recorded delivery also!)
     
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    T

    tiddler

  • #15
    Hi all

    Wondered if you could advise? Today I noticed that the application to strike off has been suspended. This will Ben either next by telecoms provider or hmrc, suspecting hmrc

    Shall I go ahead now and submit a dc01 form like I was initially told to do by hmrc? I was surprised that they raised this seeings as it was hmrc whontold me to strike the company off?

    Just as the worry was starting to ease off it’s all coming back again

    Thanks
     
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    T

    tiddler

  • #17
    Thanks Gavin, will do. Yes it was the chap who came to my house from HMRC, he said just send that off and it had only been passed to enforcement as the company was still showing as active so said send it off and that will be the end of it
     
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