I suspect this question will open up a hornets nest of contention, with regards to ethics but here we go anyway!
My client is a small limited company (t/over under £150k) and VAT registered in the construction industry. He was taken to court by a prior customer and lost the case owing £3k in damages and legal fees. His financial year has just ended (october) and he has just filed a VAT return (unpaid due Dec). His only creditor is the bank to whom he owes £15,000 on his overdraft. He has approached me to ask whether he would be able to dissolve the company and write off the debts (including the corporation tax due for the year ended and the VAT). He would then look to start up a new limited company and commence trading as before with the slate wiped clean.
Before anyone says it, this is a hardworking chap who doesn't own his own property (only business assets are his work van) and lives a very modest lifestyle. His business has taken a beating in the last couple of years from competitors who massively underquote for work and go bankrupt halfway through. He is not trying to dodge paying his dues (he has always paid corporation tax and VAT for his business and personal tax where applicable), he simply cannot pay his debts.
Please could someone advise whether it would be feasible for him to take this course of action and any potential issues that may arise, with regards to starting up a new limited company. None of the company debts are secured against his personal assets (frankly he has none apart from a modest car).
Thanks in Advance.