Struck Off LLP

Struck Off LLP

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Have an LLP client which has been struck off by Companies House. The partners think that VAT payable by the LLP cannot now be collected by HMRC as the LLP no longer exists. My understanding is that tax law does not recognise LLP status and that not withstanding the fact that the LLP has been struck off both direct and indirect taxes can be recovered from the partners. Will be grateful for any comments.

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By mbdx7ja2
10th Jan 2013 13:59

Not for VAT

LLP is a corporate body and recognised for VAT in the same way a companies.  AFAIK the former partners are correct, as the LLP would be the taxable person whereas in a "normal" partnership it is the partners with joint and several liability (VAT2 form I think).

That said, there are remedies to creditors against directors of struck off companies in certain scenarios and I would suspect they will equally apply to designated members of the LLP.

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