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I wonder if this is where the adverse publicity would kick in, and Hector has decided discretion is best.
Imagine a series of letters to MPs from former directors of voluntarily closed companies, closures which HMRC accepted, especially those within the time since the Costelloe decision.
HMRC...
Fair point. Of course the canary in the coalmine will be lots of notices being sent about company restoration.
Hector can't issue protective assessments without reinstatement as there is no entity to send the protective assessment to.
Yeah. I wonder if this is the scenario that is least likely simply due to the time factor. If these cases take 2-3 years to get through tribunals and apoeals for example, then for a dissolved company it really will be diminishing returns for them to go after it, assuming the normal 4 years...
For those with a company that was accepted for, and then dissolved, IPSE's view is that HMRC can't come after it by having it reinstated.
In the Costelloe case though there was reinstatement, presumably for transferring the debt onwards to the former director.
I have no idea just what cost it...
Agreed. But the approach seems to be to prove the accountant was an MSCP and then de facto each PSC was an MSC. That will then get fought by a range of PSCs all providing evidence to counter the idea that the MSCP was anything other than a simple accountancy service for the PSC.
God I love...
Yep. Fair point. I just cant understand the recreation of the companies unless it is a required step for debt transfer somehow. Some arcane bit of procedure perhaps.
I think hector reinstantiated companies that were involved in the Costelloes case, and yes the debt transfer is wider in scope than IR35 so the debt of a company can become that of a director. That is probably the reason for reviving the companies as I guess it has to be proven the company can't...
Sorry probably the wrong implication given by the use of the word automated..
I meant the stuff that Costelloe was doing in their cookie cutter process, like automatically adding themselves as directors to each company, registering the companies in the first place, registering for VAT, managing...
I have a feeling there is quite some distance between paying a monthly fee for the services you describe and the kind of practices that Costelloe were up to that allowed hector the win.
I was pretty old school - all managed in a spreadsheet which was used for quarterly vat calcs and end of year...