If a company which has ceased to trade over 3 months ago wishes to strike off the co at companies house and owes the tax man PAYE & NI, can they do it?
There is no winding up order nor action taken by HMRC as yet.
I guess you can try, but of course the company dissolution will be published in the London Gazette adn this would give HMRC an opportunity to object. Does the company have any assets, has the directors taken illegal dividends/paid off directors loans etc. This can get quite messy and depending on how much is owed to hmrc/creditors it may be worth seeking specialist help from a reputable insolvency practitioner but I would guess this would cost around £5k or more to do the job and if there are assets then an agreed payment may have to be made.
Alternatively you could wait until HMRC issues a winding up order against the Co and then let it go through.
Depending on the state of the accounts and situation that led them to not pay their tax you might find that the directors have some questions to answer.
__________________
Jenny
Responses are my opinion based on the information provided. All information should be thoroughly checked before being relied on.
Thanks, interesting read, however it says there are no fines for not submitting an annual return - thats true but you can get prosecuted for it!!
The company has no assets, and did not actually do any business, lasted 6 months but did not pay PAYE or NI!
The Directors do not want to pay for the annual return on a company that they are not interested in but seeing as they could get prosecuted for it, are a little worried and the only way out is to dissolve and reading about that, you cannot if there is action against the co but at present there is not......
The company did have a Director who was being paid to bring in business but he failed - it was a new start up being bankrolled by other Directors, who then pulled the plug after 6 months but refused to put in any more money to pay the debt.
Best to work with an Insolvency Practitioner on this, I dont think Indemnity Insurance will protect you from exposure of being sued if you dont at least get an IP involved or advise your client to get an IP involved.
I know of some good IPs who can help, if you need their contact details, send me an email at dalbir@arithmo.co.uk and I will send a list of some names and practices.
