Originally posted by UK Contractor Accountant
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Originally posted by UK Contractor Accountant
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1. There was no "this is my understanding" disclaimer, you were stating it with certainty as a fact. Thus, the criticism by Maslins was entirely warranted.
2. Your final sentence was a nonsense. If there is no problem coming back to contracting, it is NOT because ER is not claimed, but because of the substance of the case. The claiming of ER, or not, is irrelevant to the question. It is the decision to take the funds as capital gains, rather than as dividends, that creates any potential risk here. That option is available without ER because of the small amount, but it does not eliminate the risk that if HMRC decide you did a winding up just to take profit as capital, rather than as dividends, they will challenge it. The use or non-use of ER is irrelevant to that problem.
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