Companies House late filing penalties

Dormant company (never traded) and needs to be closed down

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Hi everyone

I have a limited company that is dormant, has never traded and I now want to strike off the register.

Unfortunately I filed the last set of dormant accounts late with Companies House and have received a £750 penalty.

Am I correct in thinking with this penalty from Companies House that seens as the company has no other creditors that if I strike off the company then the penalties will not be payable?

What would the score be in terms of HMRC penalties in this scenario also?

Replies (10)

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RLI
By lionofludesch
29th Aug 2020 18:14

If the company has no funds, how can the penalty be paid ?

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By Anonymous.
29th Aug 2020 18:46

Quote:

What would the score be in terms of HMRC penalties in this scenario also?

3-0 to HMRC.

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By Wanderer
29th Aug 2020 18:56

Quote:

Unfortunately I filed the last set of dormant accounts late with Companies House and have received a £750 penalty.

So next time appoint an accountant who would have been able to advise how to avoid this (or more probably not incur it in the first place).
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By Tax Dragon
30th Aug 2020 10:44

The same question has been asked a dozen times this year (and in this forum) alone.

That tells me two things:
There must be 100s of these penalties kicking around (sadly it won't make a dent on the COVID debt);
The need for anonymity is nonexistent.

@OP, FWIW the others that asked in here without using the anonymous function received the same 4 replies as you have. Consider mine a bonus.

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By bernard michael
31st Aug 2020 09:26

The penalty can be personal on the directors and cannot be avoided by striking off the company. Also CH won't let you if you owe them money

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Replying to bernard michael:
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By legerman
31st Aug 2020 17:47

Quote:

The penalty can be personal on the directors and cannot be avoided by striking off the company. Also CH won't let you if you owe them money

Sorry Bernard, but that is incorrect. The penalty is to the Company, and dies if the Company is struck off. CH state that they won't object to a striking off if there is a penalty outstanding. See section 12

https://assets.publishing.service.gov.uk/government/uploads/system/uploa...

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Replying to legerman:
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By bernard michael
01st Sep 2020 09:14

Quote:

Quote:

The penalty can be personal on the directors and cannot be avoided by striking off the company. Also CH won't let you if you owe them money

Sorry Bernard, but that is incorrect. The penalty is to the Company, and dies if the Company is struck off. CH state that they won't object to a striking off if there is a penalty outstanding. See section 12

https://assets.publishing.service.gov.uk/government/uploads/system/uploa...


Therefore are letters to directors threatening them with personal action for failure to deliver accounts are just a bluff ??
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Replying to bernard michael:
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By Wanderer
02nd Sep 2020 17:05

No, they are not, but failing to deliver accounts is a different matter. This thread is about penalties for accounts that have been delivered.

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Replying to bernard michael:
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By legerman
03rd Sep 2020 09:52

Quote:

Quote:

Quote:

The penalty can be personal on the directors and cannot be avoided by striking off the company. Also CH won't let you if you owe them money

Sorry Bernard, but that is incorrect. The penalty is to the Company, and dies if the Company is struck off. CH state that they won't object to a striking off if there is a penalty outstanding. See section 12

https://assets.publishing.service.gov.uk/government/uploads/system/uploa...

Therefore are letters to directors threatening them with personal action for failure to deliver accounts are just a bluff ??

As per the link I provided Co House will not oppose a strike off just because there's a penalty outstanding, nor will they pursue a Director personally. If the accounts haven't been submitted that's a different scenario.

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