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Post Info TOPIC: VAT deregistration and final refund


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VAT deregistration and final refund
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Hi All

I have to deal with a company which director passed away. The company was taken over by the husband appointed as director afterwards.

Strike off form has been sent to Companies House for closing off the company and company's bank account is closed too.

When submitting the final VAT return there was a credit balance in client account. We want to request a repayment for that but the bank account is closed.

On the phone today with HMRC agent they explained that "HMRC is not obliged to pay if the bank account is not the business bank account".

How do you think we can proceed with this refund request? There are no other taxes due.

Nina



-- Edited by NinaKoni on Wednesday 15th of March 2017 08:46:50 PM

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Guru

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Does it not now belong to the Crown?

 

Bona vacantia? 



-- Edited by abacus12345 on Wednesday 15th of March 2017 09:38:12 PM

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Johnny  - Owner of an overly-active keyboard. 

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Master Book-keeper

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If the company has not been struck off then strictly speaking no it's not the crowns, yet. But there will be an issue with opening a bank account for just one transaction.

Why was the vat return not done before the bank account was closed? Would you be chasing this one if it was a payment position?

Question is- is it worth perusing? You haven't mentioned an amount.

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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



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Yeah I see your point, suppose it's all down to the detail - when was the form sent?

Would a bank even entertain opening an account for such?

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Johnny  - Owner of an overly-active keyboard. 

A man who can read, yet doesn't, is in no way wiser than a man who can't.

 



Master Book-keeper

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abacus12345 wrote:



Would a bank even entertain opening an account for such?


 I wouldn't have done In my old job. Unless there as a bit fat wedge in it.

(I also assume the are no creditors)



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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



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Will be interested in Nina filling in the blanks.

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Johnny  - Owner of an overly-active keyboard. 

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Master Book-keeper

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Well Nina has been on earlier, so yes will wait and see if there is anything further. 



-- Edited by Cheshire on Wednesday 15th of March 2017 11:01:20 PM

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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



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The amount is £3k and we did not now earlier as the client made payment with wrong reference from personal account before she died. The accounts were correct and this amount was reallocated on the last days after we have finished with all the other things. We really want to know if there is an any little chance to get the family the money back. They have mentioned something about exemption but ...

Nina

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Master Book-keeper

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Hi Nina 

Open a business account with Cashplus.  It's fairly straight forward and although there's a small fee it's miniscule in relation to what's owed.  Once opened you can ask VAT to transfer into that account.

However one issue you might have is Companies House will show that the Company has applied for strike off, and that may prevent an account being opened, in which case you're stumped.  Worth a try anyway.



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John 

 

 

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Did the husband become a shareholder along with being a director? Or did the lady leave the shares to her husband? Or neither?

What is the status of the company at this moment in time?

Form DS02 can withdraw a strike off, I've not read all the details but I'd hazard a guess that time is of the essence.

I'd be looking into that first.

£3000 is a sum I wouldn't want to lose.





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Johnny  - Owner of an overly-active keyboard. 

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Those the accounts for low credit ratings John?



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Johnny  - Owner of an overly-active keyboard. 

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Master Book-keeper

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Yes they are Johnny, it's the last resort for someone who can't get a normal bank account, but I suggested it because it would be a lot quicker and less hassle than trying to open a high street bank account.



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.

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