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Post Info TOPIC: Winding down a company.


Veteran Member

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Winding down a company.
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Hi there

Could I just check a few things - if a company has a y/e of 31/12/12 and they are winding down the company with say trading ceasing altogether by end of November - they still have to file a set of accounts with Companies House showing trading from Jan-November ?

Also do they have to de-register for VAT?

Any replies would be greatly appreciated.

Thank you

 



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Forum Moderator & Expert

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Hi Newbie,

yes and yes.

However.

Many companies do not have final accounts filed and the owners simply apply for them to be struck off three months after they cease to trade. If there are no other shareholders then the primary objector to this could be HMRC if they think that they are owed money. However they seldom pursue final filing as healthy companies don't tend to fold and as often the company is due a refund that they know nothing of it is not in HMRC's interest to enforce the filing.

When winding up a company I would advise seeking specialist advice and assistance of a qualified accountant as this is an area where people are often oblivious to what they are able to claim (such as the extension of loss relief from one to three years) and it is an area littered with fines and penalties if you get anything wrong. (although the practicalities of attempting to enforce such on the directors of a dead company may not prove cost effective unless there is an element of tax evasion to the cessation).

Also, for a flavour of the sort of issues around this area have a look at this article over on accountingweb :

http://www.accountingweb.co.uk/article/striking-company-get-details-right/521385

kind regards,

Shaun.

p.s. I am not an expert in this area and the above is intended only as initial guidance before seeking professional help from someone skilled in this area (Queue Mark?).



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Shaun

Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.



Expert

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Hi There

Personally i would do accounts to date of cessation and when submitting corporation tax to HMRC let them know that the company is ceasing trading and that the CT return submitted will be the last one intended.

See below link for some guidance

http://www.companieshouse.gov.uk/infoAndGuide/windingUpCompany.shtml

Important thing is that all liabilities have to be settled and then any assets left should be distributed properly.  There may need to be a capital distribution for instance if there isnt sufficient reserves to declare a dividend.

As shaun said best to go along and seek professional advice to make sure you do everything as you should.

Personally dont have much experience in winding down companies only having been involved in a few over the last 15 years.

Regards

MarkS



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Mark Stewart CA

http://stewartaccounting.co.uk/

Providing accounting, bookkeeping, payroll and tax services to small and medium sized businesses across Central Scotland and beyond.



Veteran Member

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Guys thank you so much for your replies.


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