Unsure when to file for limited company

[AnnaKA]

Hello,

My limited company's trading period was from 5/2013 to 12/2013. It is now struck off the register and had been advertised in the London gazette. I have not done any filing yet, hmrc has instructed me to do this by 25/3/2013, but now I want to close the company. I have contacted hmrc CT helpline and the advisor has said to me, that I have to write to hmrc in order to dissolve the company (I have sent sent the request to Companies House), and once the company had been closed, I will be able to do my filings and paying corporation tax.

I don't want to receive a late penalty, I wonder if this advisor was actually right?
Any help would be greatly appreciated.
Thanks

[minstrel]

As I understand it, you should have submitted your CT return and paid any outstanding tax before you applied for company to be struck off.

Is there any money in the company bank account? If there is any money and the company has been disolved then you may have lost this and it will go to the government (in theory).

HMRC should object to your company being struck off if there is outstanding tax. Is the status of the company on Companies House website "Disolved" or is it still "Active - Proposal to Strike off"? It takes several months for company to be fully struck off (Disolved status), so if the status is not disolved then it's still active.

I'd speak to your accountant, but definitely clear out your company bank account now as there is a chance you will lose it when company is struck off.

[tractor]

As I understand it, you should have submitted your CT return and paid any outstanding tax before you applied for company to be struck off.

Is there any money in the company bank account? If there is any money and the company has been disolved then you may have lost this and it will go to the government (in theory).

HMRC should object to your company being struck off if there is outstanding tax. Is the status of the company on Companies House website "Disolved" or is it still "Active - Proposal to Strike off"? It takes several months for company to be fully struck off (Disolved status), so if the status is not disolved then it's still active.

I'd speak to your accountant, but definitely clear out your company bank account now as there is a chance you will lose it when company is struck off.

To clarify, any money in the bank account at the time of striking off will be treated as bona vacantia (ownerless property) and the bank will be instructed by co house to deliver said funds to the Treasury Solicitor. The bank has no choice in the matter and often they will not even inform you. There are ways to recover any monies treated this way but it is time consuming and usually involves reopening the company at significant expense. Also, everyone will want their cut, the court, the Treasury Solicitor (who will charge you for 'looking after' your money) etc

[captainham]

Please tell you have an accountant? I get the impression you don't but you sound more than a little out of your depth here so I'd find one quick...it will be cheaper in the long run as I smell penalties and other dramas on the horizon.

[Waldorf]

You do not request HMRC to strike off your company, this is done by Companies House. You need to have filed your accounts and paid your taxes with HMRC or else they should object to the application to close your company.

Strongly advise that you speak to an accountant as you show very strong signs of not having a clue what you are doing.

Why oh why do so many people try and do this themselves, they often end up spending so much more than the relatively small cost that a good accountant will cost.

[AnnaKA]

No, I do not have an accountant, I will now compete my self assessment, I have an easy position, as I was trading as a physio, so it is not complicated.
I do not understand why hmrc is giving me wrong information. I have everything ready, have to submit the form online only.

Thank you for your advise, there is no money loss, I have taken the last pennies out.

If I do my returns today and pay my tax today, do you recon I shall be ok?

thank you for all your answers.

[Craig at Nixon Williams]

It sounds to me like Companies House have dissolved the company because they have not received statutory filings rather than because you have asked them to dissolve it. If the company has been struck off then you will not be able to file accounts with Companies House until it has been restored to the register – if there were outstanding returns or tax then HMRC should have objected to the striking off (I guess they didn’t do this in your case).

The process of winding up a company should be done in this order:

1. Prepare and submit accounts and CT returns to the date that trade ceased
2. Collect any unpaid monies and pay off any liabilities (usually tax)
3. Write to HMRC to deregister from VAT, PAYE and CT
4. Take any remaining monies from the company bank account
5. Submit DS01 to Companies House (and wait 3 months for them to
   dissolve the company)

[AnnaKA]

Thank you for your answer. I have done it the other way around, as this what they have advised to me.
I do not understand why every single person (accountants, advisors, hmrc an companies house people) advise me opposite things.
What is then the next I will have to do?
I can not believe, that I want to pay tax. But can not!!!
Thank you.

[AnnaKA]

It sounds like, I have to give it up. Any accountants out there, please contact me with a quote on my email: <email address removed>

Thank you.

<admin note>I have removed your email address - people can use the site's private messaging system to contact the poster if required. Thanks for letting us know DD </admin note>

[Craig at Nixon Williams]

It sounds like, I have to give it up. Any accountants out there, please contact me with a quote on my email: <mod snip>
Thank you.

I have passed your details to somebody in our new business team (also called Craig) who will be in touch with you shortly via email.

Craig