winding up my company

[Maslins]

And finally, I do know the difference between being "in trade" and being "in employment", I just wondered whether the new rules differentiated?

Well, that's the bit that unfortunately nobody's 100% clear on.

The guy behind the consultation's view was that going into employment in a similar role could be considered doing a similar activity (and in your case it sounds like it's basically exactly the same thing you'd be doing pre/post cessation of company trade). However, he also said in that situation it'd be unlikely that tax avoidance would be considered a primary motivator.

But still...all you're going to get is people's opinions, and on this forum it seems a bit split. It's not really your accountant's fault, I'm an accountant and I have my view, but some people who have read exactly the same things I've read have a different view. It's the unfortunate ambiguous world of tax here.

[TheCyclingProgrammer]

Another thing to consider is if tax avoidance being the primary motivation is one of the main factors and each case is judged on its on merits then IMO it would be hard to argue that doing a few extra days work on payroll to help wrap things up with a client and then stopping shows an intention to continue trading and you're only shutting down for tax reasons.

[badgernumber1]

to answer some points:

Of course it is money-boxing, but as stated by a PP the change in the rules this year have not clamped down on that, only phoenixing. And as I have been running my LtdCo for 32 years and the sum in question amounts to approx 1K for each year of operation, it's hardly TTP.

Maybe HMRC don’t need further legislation in order to address money-boxing(?)

Anyway some respondents to the consultation seem to feel it will be targeted. E.g. those 'finding it unfair not to allow a retiring shareholder to exit a company with capital'.

I'm aware of no official published reassurance that retiring shareholders won't be caught though the summary responses doc says HMRC will 'publish guidance on the rules and will pay particular attention to the areas of uncertainty highlighted by the responses'.

Wish you the best Tim. Pain in the neck to have this stuff coincide with your retirement.

Quotes above may be better viewed in context:
https://www.gov.uk/government/upload..._responses.pdf