Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Struck down

26 April 2011
Issue: 4301 / Categories: Forum & Feedback , Admin , Business
A limited company has been struck from the register of companies for not filing its annual return. As it owes money to HMRC could this be to its advantage?

I act for a limited company which has been going through a difficult trading period and things have fallen into arrears both from an administrative and tax payment point of view. The company was late sending in its annual return to Companies House and as a consequence I have now been notified that it has been struck off.

In the normal course of events this would be somewhat disastrous but in this case I am wondering if there is not in fact an advantage to be gained here. As the company no longer exists it seems to me that I could simply start a new company for the client even using the same name perhaps.

The old company had no significant assets and in fact owed tax to HMRC – who I would normally have thought would have...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon