Late filing penalty

Late filing penalty

Didn't find your answer?

Hi

A client asked me to prepare accounts for a company that had missed its filing deadlines. I have sent the accounts off to companies house but the client didn't want to pay the late filing fee because the company is insolvent ( HMRC and all creditors know this). My question is will CH update it's records even though the penalty hasn't been paid?

The client also wants to wind the company up. The client had been advised by someone else to ignore the company all together and let CH strike the company off but I am concerned that the directors can be fined £5000 for failing in their duties as directors. Do CH apply this in practice?

Thanks in advance for your answers.

Replies (3)

Please login or register to join the discussion.

Euan's picture
By Euan MacLennan
21st Dec 2011 09:20

Why did you file accounts?

If the company is to be struck off, Companies House are not interested in accounts and I have never known them to pursue the directors for the undoubted breach of their legal obligation to file accounts.

All you have achieved by filing accounts late is to incur the penalty.  Companies House did not usually pursue collection if the company is to be struck off, but they have tightened up on their debt collection in recent times.

Yes - if accounts have been filed, they will appear on the public register.  The penalty will only be issued on receipt of the accounts.

Thanks (1)
avatar
By exceljockey
21st Dec 2011 10:08

What about tax returns?

Do they still need to Submit tax returns (no tax is owing as they have made lossess in current and prior years)?

Thanks (0)
Euan's picture
By Euan MacLennan
21st Dec 2011 10:18

Might as well submit tax returns

As you have prepared accounts, you might as well submit a tax return to prove to HMRC that there is no chance of them getting any (more) tax from the company, so they will not routinely object to any proposed dissolution.  Alternatively, write a letter enclosing the accounts to say that you won't be paid for preparing a tax return, but it is obvious from the enclosed accounts that no further tax is due, so would they kindly not object.

Thanks (0)