Company Dissolved; CIS Refund and Bona Vacantia

Company Dissolved; CIS Refund and Bona Vacantia

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Hi all

Directors of a company we used to look after applied to strike off having ceased trading in February.

We filed end of year P35 early on cessation and no liabilities existed. However, there was a CIS refund due of some £13,000 so directors were advised to delay strike off procedure until received.

Directors failed to listen deciding that the repayment should be received compfortably within the 3 months before the company would be dissolved. You know what's coming - company struck off last week; after HMRC had confirmed refund would be processed last week.

Today another letter received from HMRC explaining that the repayment had been stopped and will be treated Bona Vacantia. Directors are livid and to be honest have given me a bit of a hard time for the revenue delay in issuing the repayment. On that, all I can say is that I was pretty pleased with my attempts to get the repayment issued in June for what relates to the 2010-11 tax year!

So a headache but HMRC tell me it is possible to get this back if the company is restored by court order and then an application made to the Treasury solicitor. Has anybody had any experience of company restoration with the intent of reclaiming a tax repayment from the Tresaury solicitor. Any easy process? Did you do it yourself or use a company restoration agent?

So very annoying when this could have been avoided so easily.

My thanks in advance to anybody who may be able to give me some guidance on how to proceed quickly with this and chances of success.

Scott

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By yorky1000
20th Jun 2011 10:18

Restoration

Go onto Comp Hse website and look up restoration of Company. Straight forward form filling and a cost of £169 plus any outstanding penalties and all filings must be brought up to date. Company is then restored & bank account monies returned. Process takes about 6 weeks & is simple.

Yorky

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By scotty4196
20th Jun 2011 11:12

Administrative restoration

 Thanks Yorky

 

Problem being the directors struck off the company voluntarily so I don't think we'll manage to apply for an administrative restoration; think it has to be by court order? Is this the case?

 

Appreciate your response.

 

Scott

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By yorky1000
23rd Jun 2011 14:59

Go for it

Read the guidance on Comp House site re strike off etc. It says if struck off under S652 then you can apply for Administrative Restoration.  Good luck.

Yorky

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