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Dormant account late filing penalty (HMRC)

Dormant account late filing penalty (HMRC)

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I need some urgent help, please. My private limited company (dormant) have not started trading for nearly two years now. My dormant account and confirmation statement was filed on time to Companies House. But I've submitted my NIL Dormant accounts 5 months to late (both), and I've waiting for my code to submit my company tax return (no trades, dormant, no income) in the next days. Is it true, that I can strike-off my dormant company to avoid the penalties for late filing from HMRC? I'm afraid I missed the notice to deliver company tax return and forgot to inform HMRC that my company is dormant and will be dormant in the next few years.

I really don't need it anymore. I'm not from the UK. What's the worst that could happen?

Kind Regards Dominik

Replies (13)

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By thevaliant
23rd Jun 2020 01:17

If you don't need the company, file form DS01 with the £10 filing fee and forget about it.
Nothing will happen, especially if you don't live in the UK.

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Replying to thevaliant:
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By dominik
23rd Jun 2020 01:27

Thanks for the feedback.
There are no consequences if I want to form a company in the UK again in a few years?
I'm good with the CH, its just the HMRC who will send me penalties.

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Replying to thevaliant:
Psycho
By Wilson Philips
24th Jun 2020 08:20

If HMRC have issued a notice to deliver, and especially if they have raised a penalty, they may object to the striking off. On the other hand, they might not.

Correct course of action, as others have suggested, is to write to HMRC advising that the company has never been within the charge to CT and asking them to confirm that they will not object to striking off.

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By Paul Crowley
23rd Jun 2020 01:28

Agree with Valiant
But registered office will still get HMRC correspondance for a while as all stike off is currently on hold. Covid 19 reasons

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By bernard michael
23rd Jun 2020 09:09

No problems about starting another company in the future

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By petersaxton
23rd Jun 2020 10:49

Why not just write to HMRC saying when the company stopped trading. They should cancel the penalties. Then you can decide whether to close the company for better reasons.

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Replying to petersaxton:
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By dominik
23rd Jun 2020 17:57

petersaxton wrote:

Why not just write to HMRC saying when the company stopped trading. They should cancel the penalties. Then you can decide whether to close the company for better reasons.


Are you sure about that (penalties)? Sent them a letter via mail today about the dormant status, the company hasn't made a single trade.
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RLI
By lionofludesch
24th Jun 2020 06:45

Agree with Peter. Just tell them the company has never traded.

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Replying to lionofludesch:
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By Paul Crowley
24th Jun 2020 07:23

Just had a Charity Co Appeal turned down.
All prior years exempt. No idea why issued tax return.
Co not traded

I suspect client ignored HMRC letter to confirm posiition. Just one of their numerous mismanagement decisions

HMRC computer driven.

Tell in writting will take months to get responded to and by then the penalties will be in place

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Replying to Paul Crowley:
By petersaxton
24th Jun 2020 09:09

Try phoning and follow up with letter.

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Replying to petersaxton:
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By Paul Crowley
24th Jun 2020 11:49

After an appeal?

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By Paul D Utherone
24th Jun 2020 11:44

If HMRC have issued notices, but the company has been dormant throughout, write to HMRC and tell them so asking them to withdraw the requirement to file

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Replying to Paul D Utherone:
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By Dib
24th Jun 2020 13:15

Yes, HMRC should not object. Example 3 of CTM93020 envisages this where a notice to file has been issued but the company is outside the charge to CT for the whole of the period. "In practice you will not insist upon the submission of a return when you are satisfied that the company was dormant throughout the period."

I know it is not the law but it is helpful to be able to wave it under the keyboard monkey's (sorry helpline's) nose.

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