Limited Company Struck Off - Corporation Tax Question

[Crackers]

Hi all,

I got confirmation that my Limited Company has been struck off and removed from the company register on the 24/04/2012 (last day of trading was 31st July 2011 and I started permanent employment on 1st August 2011).

So far so good, however, I was under the impression that I still might owe some corporation tax (which I had set aside). I spoke to my accountant and they said that everything is in order. I called my local corporation tax people and they said the same – once the company is struck off then that’s it.

Is that true? Could there be any repercussions if I do actually owe some money? How can I be 100% sure?

[Craig@Clarity]

If there is any corporation tax due then you would need to reinstate the company in order for HMRC to collect the tax. You would then need to go through the striking off process with Companies House again. If HMRC made a discovery that you owed CT when the company has been dissolved, they can apply for the company to be reinstated too.

Quick question for thought though....why would you have reason to disbelieve your accountant and HMRC when they confirm there is no CT due now that the company is struck off?

[Crackers]

Thanks for the info.

It's just that I don't remember paying it (my bad). Is there any way to be sure? I don't really want to go through the process again!

[Crackers]

Plus wouldn't HMRC or Companies House check all this before striking it off?

[Craig@Clarity]

You should have signed off the final closure accounts that your old accountant prepared along with the final corporation tax return. My guess is to then check your bank statements to locate the payment or confirm with HMRC what the last corporation tax paid was. They should match to the corporation tax return amount which would confirm everything was up to date.

Unless your old accountants never submitted your final accounts to HMRC and managed to strike off your company before any deadlines reached with HMRC, it's unlikely that HMRC would have allowed the company to be struck off at companies house.

First people to normally object to a striking off at companies house is HMRC for unpaid taxes. The fact that your company has been struck would indicate everything was up to date (disclaimer - although there are the odd few that slip under the radar). Best thing to do is to follow my first paragraph to confirm everything is up to date.

Hope that helps!

[northernladuk]

Your accountant wasn't in Leeds was he??

[Crackers]

No, they are not based in Leeds. Why do you ask?

[Bumfluff]

Your accountant wasn't in Leeds was he??

Wakefield but now residing at HMP

[Bumfluff]

No, they are not based in Leeds. Why do you ask?

search form for Darren Upton, Upton accountant, dude is now doing time in prison and servicing new clients In nut shell he modified clients accounts to get refunds of CT, so it looked like nothing was outstanding when it was. I don't think this is you though as you hadnt even paid the CT then so nothing for him to try and claim back.

I would just check your closing accounts and see if there is CT due on there if there isn't and you expect there to be ask your accountant why.

[Yehudi]

"You" don't owe any CT, and never did. The company of which your were a director might have owed CT, but that company no longer exists. End of story. Contrary to earlier replies, HMRC can and do sometimes ignore a striking off notice even when there is tax owing.

Just one thing though, when you say you have "set aside" money for the CT, do you mean your own money or company money? If company money then that now belongs to the treasury and you have no right to do anything with it other than surrender it.