Dissolved Company v New Company

[Boney M]

Could do with some advice please.

Started Company Dec 2011
Dissolved July 2013

I moved abroad to work in Doha beginning of the year and totally forgot about the company as it was such a quick move and didnt submit accounts, it was then dissolved as above and the company was at my old address so no notifications, lax on my part. I spoke to HMRC on Friday and they said as it is now dissolved it doesn't exists and therefore any remaining CT is gone with it.

I am now back in the UK and have a new contract start this week and wondering would there be any issues in starting a new company?

Any help is appreciated

[Scruff]

Check and see whether you are on the list of people who may longer be Directors?

HMRC will be at you, since they are aware of all Companies which have been dissolved and the directors.

You can engage an Accountant, request that the dissolution be reversed, have your accounts done, pay the Corporation Tax and any penalties, pay the personal Income Tax and any penalties, plus the Companies House penalties.

You can contact HMRC and advise them, too of your negligence.

Alternatively, you can have no care for the consequence of your actions and register a New Company and, hopefully, progress by running your business responsibly (or, equally not, again), or just contract as an employee of an Umbrella Company (this sounds mor suited to you, based upon your previous (in)action).

IANAL, but I would consult with one and a proper, qualified Accountant, who specialises in IR35 related issues.

Get ready to pay your way out.

[northernladuk]

I am sorry, it doesn't matter how quick it is you don't just 'forget' about a company and it's responsibilities. That is utter crap. More like ignored it because you were out of the country. You could have still dealt with the issue from where ever you were working from.

Out of interest how much money did you leave in the business bank account and lost because the company got dissolved? I have a figure in my head but would just like to know.

[Boney M]

Check and see whether you are on the list of people who may longer be Directors?

HMRC will be at you, since they are aware of all Companies which have been dissolved and the directors.

You can engage an Accountant, request that the dissolution be reversed, have your accounts done, pay the Corporation Tax and any penalties, pay the personal Income Tax and any penalties, plus the Companies House penalties.

You can contact HMRC and advise them, too of your negligence.

Alternatively, you can have no care for the consequence of your actions and register a New Company and, hopefully, progress by running your business responsibly (or, equally not, again), or just contract as an employee of an Umbrella Company (this sounds mor suited to you, based upon your previous (in)action).

IANAL, but I would consult with one and a proper, qualified Accountant, who specialises in IR35 related issues.

Get ready to pay your way out.

Thanks for you help

[Boney M]

I am sorry, it doesn't matter how quick it is you don't just 'forget' about a company and it's responsibilities. That is utter crap. More like ignored it because you were out of the country. You could have still dealt with the issue from where ever you were working from.

Out of interest how much money did you leave in the business bank account and lost because the company got dissolved? I have a figure in my head but would just like to know.

To be frank I did forget all about it, it was all very fast and a bit of a whirlwind. Have no issues sorting out what needs to but I looked into resurrecting it and it will take forever and time is of the essence for this contract. Ther was approx 2k in the account of which I no longer have access to and the bank has transferred to HMRC. I had heaps to sort out registering over there and stuff and before I knew it months had passed. It didnt help that I didnt get any notifcation mail as the company was registered at an old flat share I had. If it had been sent to my GF's address pre moving I would have got the notifications and acted. All poor on my part and not to be done again.

[Boney M]

Am sure I replied to you both but my posts are missing?

[Boney M]

Check and see whether you are on the list of people who may longer be Directors?

HMRC will be at you, since they are aware of all Companies which have been dissolved and the directors.

You can engage an Accountant, request that the dissolution be reversed, have your accounts done, pay the Corporation Tax and any penalties, pay the personal Income Tax and any penalties, plus the Companies House penalties.

You can contact HMRC and advise them, too of your negligence.

Alternatively, you can have no care for the consequence of your actions and register a New Company and, hopefully, progress by running your business responsibly (or, equally not, again), or just contract as an employee of an Umbrella Company (this sounds mor suited to you, based upon your previous (in)action).

IANAL, but I would consult with one and a proper, qualified Accountant, who specialises in IR35 related issues.

Get ready to pay your way out.

Thanks for your advice

[northernladuk]

Am sure I replied to you both but my posts are missing?

Post them again then.

[Clare@InTouch]

HMRC usually object to a company being struck off if it hasn't filed accounts, but sometimes they seem to slip through the net. It seems very quick to be struck off though, the process usually takes much longer as Companies House have to issue various letters chasing overdue accounts, it takes three months to advertise in the London Gazette, and it's only 7 months since you moved away. Unless the accounts were already late by then, or due then? In which case they should have been prepared well before January anyway.......?

However just because it's dissolved doesn't mean HMRC cannot apply to have it restored to the register and then pursue for the outstanding CT, so don't settle back thinking you cannot possibly be bitten by this later on. If you want to be 100% legit then I'd recommend you go back and file accounts that should have been filed at the time. If CT is owed that you don't have, what happened to the final funds when you left the country?

[Boney M]

I am sorry, it doesn't matter how quick it is you don't just 'forget' about a company and it's responsibilities. That is utter crap. More like ignored it because you were out of the country. You could have still dealt with the issue from where ever you were working from.

Out of interest how much money did you leave in the business bank account and lost because the company got dissolved? I have a figure in my head but would just like to know.

Hi northernlad, it was very much a whirlwind affair and I was more concentrated with getting things in order in Doha in registering for everything from housing, tax, bank, visa the whole lot and totally sidetracked and before I knew it months had past. The companies registered address was an old flatshare with a friend but I briefly moved into my GF's not long before so never got the notifications. There was about 2k, just over in the account which has been frozen and I believe has gone to HMRC's coffers, I no longer have access to this. Never my intention to fall foul here, I like to be whiter than white where officialdom is concerned and dropped the ball here which I am surprised at myself.