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ESC C16 winding up costs + Temporary restart

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    ESC C16 winding up costs + Temporary restart

    There are related threads that mention the cost of wind up (and get the best value) but my situation is combination so thought it less confusing to lay it all out.

    I have just (in mid February so cutting it fine) attempted to go the ESC C16 route before the deadline, paying my accountant an extra bit for the expediency required. He said there was still a good chance I'd be too late but I figured it was worth going for. Things were messed up by HMRC direct debiting my corporation tax for last year in January even though I'd already paid it 3 weeks early (warning for you there). I was expecting the refund in my account a week later but instead received a cheque in the post days before the deadline which added 5 business days to take it to a bank and wait for it to be cashed and paid into my personal account.

    The reason for the late panic decision was that it was only in February that another start up I got involved with last year got sign of getting a big contract that would take up all my time (and pay more). Since I guess it would be IR35 dodgy to be contracted out to another company of which I am a director it made sense to wind up my ltd.

    I'm still waiting on the decision from HMRC. Assuming that I did miss the deadline, having now withdrawn all the funds what exactly is the winding up I am paying £2.5k for (going off THEPUMA's price. My accountant said £4k in February and is now saying 6 )? Is £2.5 really the lowest cost for this? Given that the new rule "is expected to have a negligible impact on receipts" to the Exchequer, it seems small businesses are just being forced to pay crony agencies a few k to close down.

    Is a winding up (in ESC C16 terms) the same as Members' Voluntary Liquidation?

    Now the start up isn't moving as fast as we'd hoped so I might be looking at doing one more contract for maybe 3 months while things get moving.

    So the separate question is what is the best company to do this under?

    - An umbrella
    - The start up which is a software services company with 5 directors/shareholders (none salaried yet). I guess it would have to be as salary and bonuses (if we get the big contract I'll be over the 50% income tax bracket, if we don't I might be contracting a bit longer and still be close)
    - Can I 'undo' the wind up if I get a no from HMRC given the situation as is?
    Last edited by Funkywood; 19 March 2012, 12:08.

    #2
    If you applied for the ESC before the deadline then it may well go through, we're still getting agreements now. Call your tax office and ask them - often they can tell you over the phone whether it's been agreed or not, then the official letter follows by post (or gets lost in the HMRC system and has to be resent).

    Enter the first three digits of your CT reference here HMRC Contact us and it'll give you the number to call. The CT people are usually very helpful.
    ContractorUK Best Forum Adviser 2013

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      #3
      Thanks. I'll do that. Is it a corporation tax issue though?

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        #4
        Originally posted by Funkywood View Post
        Thanks. I'll do that. Is it a corporation tax issue though?
        Yes - it's the CT office that deal with the ESC requests and, as accounts are a CT issue, you're requesting clearance to close the company under certain terms.
        ContractorUK Best Forum Adviser 2013

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          #5
          Originally posted by Clare@InTouch View Post
          Yes - it's the CT office that deal with the ESC requests and, as accounts are a CT issue, you're requesting clearance to close the company under certain terms.
          Isn't the fact the OP has withdrawn the money already a big problem?
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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            #6
            Originally posted by northernladuk View Post
            Isn't the fact the OP has withdrawn the money already a big problem?
            Not as long as it was done after the company stopped trading, and after the date he applied for the ESC. If he took dividends months ago and is now trying to reclassify them as Capital then I can see HMRC would have more of a problem with it.
            ContractorUK Best Forum Adviser 2013

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              #7
              If it's relevant, the CT for the year and outstanding VAT and PAYE were paid out of my personal account at the start of March after the funds went in. This was under advice from my accountant. No dividends have been taken since March 2011.

              That also bring up what to do with the cheque for interest I'm likely to receive next year for paying early.
              Last edited by Funkywood; 19 March 2012, 13:15.

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                #8
                Originally posted by Funkywood View Post
                That also bring up what to do with the cheque for interest I'm likely to receive next year for paying early.
                I received the repayment supplement after bank account closed, clearance obtained and struck off. In my case I simply wrote to HMRC, explained the position and they reissued the cheque to me personally. Wasn't quite sure how to account for it on my SA return, but settled on (curiusly most cost effective for me) adding it to the capital distribution that I had received from the ESC C16.

                It might have been more correct to treat it as income on the SA return and pay the tax but I wasn't going to bother the ex accountant.

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                  #9
                  Originally posted by Funkywood View Post
                  If it's relevant, the CT for the year and outstanding VAT and PAYE were paid out of my personal account at the start of March after the funds went in. This was under advice from my accountant. No dividends have been taken since March 2011.

                  That also bring up what to do with the cheque for interest I'm likely to receive next year for paying early.
                  Just send the cheque back to HMRC and ask them to re-issue it in the directors' personal name because the company no longer exists.
                  ContractorUK Best Forum Adviser 2013

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