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P35 Filing Penalty

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    P35 Filing Penalty

    Can anyone usefully advise on the following:

    I wound up my old company in Dec 2010. The company was finally dissolved at Companies House in Jan 2012.

    In Sept 2011 I received the classic £400 penalty notice from HMRC for not filing my P35 by May 2011 (I thought I'd filed it it the previous year as part of my P45 submission, but it looks like I could be wrong).

    I've explained to HMRC the company is dissolved, I'm no longer the director, there are no funds, and I disagree with them waiting 4 months to raise the penalty. HMRC suggest I take matters forward to 1st Tier Tax Tribunal. My accountant recommends I ignore HMRC from now on, since it will cost them £hundreds to keep going with the matter (he says they have dropped cases involving far more money).

    Is my accountant right? Or should I crack on with appealing the fine via Tribunal?

    Sensible answers please!
    "My God, it's huge!!"

    #2
    The company is dead, so who are they going to chase? I would write to them telling them the company has been struck off and that the company does not exist.
    "The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance." Cicero

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      #3
      Originally posted by Waldorf View Post
      The company is dead, so who are they going to chase? I would write to them telling them the company has been struck off and that the company does not exist.
      Could they chase me as the director of a new company? Or chase me personally?
      "My God, it's huge!!"

      Comment


        #4
        Companies House advertise the application for striking off a company in the London Gazette. This is notification for any potential creditors to make a claim and stop the dissolution. Clearly there were no objections made as the company is now dissolved...

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