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HMRC can't pay me money they owe me

My partner and I were the two Directors of a limited company which ceased trading last January and was finally dissolved in October.

We still had to do our end-of-year returns for y/e 5 April 2007, and because we did them on-line were entitled to the 150 incentive. I even have a letter from HMRC confirming this.

However I have just received a letter from HMRC which says: "In accordance with statutory legislation, I cannot make a repayment to a limited company that is struck off, or to it's [sic] former directors."

I have just fired off a very angry letter pointing out that if they had done their work timeously there would have been no problem, and asking for them to look at this again.

In the meantime does anyone have any advice for me? Can they do this? I DO have one more payment of Corporation Tax to pay in the New Year; I am inclined just to reduce this by the 150, but will I land myself in more trouble?

TIA

Reply to
Hungerdunger
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"Hungerdunger" wrote

Err - the *company* was entitled to the rebate (not the shareholders or directors)...

"Hungerdunger" wrote

Why didn't you wait until after the company had received the rebate, before you had it struck-off?

"Hungerdunger" wrote

How can a "struck-off" company pay Corporation Tax, when the company no longer exists? ...

Reply to
Tim

But at one stage, when I had told them we had ceased trading and the bank accounts were closed they appeared willing to make the payment to me if the Directors gave them authorisation to do so (which we did)

Because (i) our accountant advised us to get it wound up and (ii) we assumed (and he amy have done too) that we would get the payment before it happened (it takes several months to get a company dissolved)

You'd have to ask my accountant or the HMRC this. I presume there must be some liability on the part of former Directors or this could be a fantastic loophole for businesses which were ceasing trading.

Reply to
hungerdunger

They should have objected to the strike off action on the basis that they were still owed Corporation Tax.

Reply to
Jonathan Bryce

"hungerdunger" wrote

Not if the company is required to pay any outstanding Corporation Tax *before* it is dissolved!

Reply to
Tim

So if I have a statement from HMRC addressed to the Company and dated 7 June

2007, stating that I owe it xx and it is due for payment by 18 February 2008, is it still payable now the Company has been dissolved?
Reply to
hungerdunger

The company doesn't exist, so it can't pay it.

However, you shouldn't have dissolved the company knowing that it still owes Corporation Tax.

Reply to
Jonathan Bryce

The directors shouldn't have dissolved the company so they are personally liable for any debts.

The directors could ask for the £150 to be paid to them personally but once the company is dissolved they have no authority.

Peter

Reply to
PeterSaxton

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