HMRC Repayment cheque - but closed my business...
Discussion
recordman said:
I'm not an accountant, but if it were me I'd write back to HMRC explaining what happened to the Ltd Co and that as the sole shareholder (if that's the case) I'm now entitled to receive the amount due as a dividend and would they please re-issue the cheque in my name.
You've got nothing to lose.
Not sure how if that would work as the cheque is for a completely separate legal entity, his Ltd, not the OP. If they were to change the cheque, how do HMRC know the company didn't cease trading owing £000s to creditors? I'm sure it didn't but will HMRC take the risk?You've got nothing to lose.
uknick said:
PushedDover said:
No
In that case, if it is completely unexpected I don't see how the accountant can be to blame. You mentioned an Audi in your OP, why did you think that might relate to the refund; capital allowances acceleration on disposal? 
Edited by PushedDover on Saturday 10th February 08:58
uknick said:
In that case, if it is completely unexpected I don't see how the accountant can be to blame. You mentioned an Audi in your OP, why did you think that might relate to the refund; capital allowances acceleration on disposal?
Any accountant worthy of the title would know how much tax was due, and if overpaid, by how much.MustangGT said:
Any accountant worthy of the title would know how much tax was due, and if overpaid, by how much.
How? It wasn't a refund of CT due to a previous year's loss, it's not a capital allowance adjustment and the OP doesn't appear to know why the refund was made.I have a client who recently received about £1,300 out of the blue from HMRC that wasn't a CT refund due to a loss or anything to with capital allowances. There was nothing in the accounts so I advised them to post it to the BS as a liability and see if HMRC come sniffing for it as they've made a mistake. Luckily, they're still trading unlike the OP.
Clearly you expect accountants to have a crystal ball to predict the whims of HMRC.
Just in case anyone else is ever in the similar place, i'll update as I go.
My Accountant wrote to HMRC expaining the errors in advice (she was under some strain with her husband slipping away due to the big C).
I chased the HMRC today having had 6-8 weeks pass.
They said there was the note on the file but it has been passed to the Crown as Bona Vacantia, but suggested that an effort could be made to wrestle it back from the Crown - :
"Overview
Cash and other assets of a dissolved company automatically pass to the Crown as Bona Vacantia by law under Section 1012 of the Companies Act 2006. The Bona Vacantia Division (BVD) of the Government Legal Department is responsible for this function.
The Discretionary Grant application enables sums of money to be recovered without making an application to restore the company to the Companies Register. A maximum limit of £3000 can be recovered and only one grant payment will be made in respect of each dissolved company.
All grants are discretionary. No-one has a right to a grant."
https://www.gov.uk/guidance/apply-for-a-discretion...
I'll update again.
My Accountant wrote to HMRC expaining the errors in advice (she was under some strain with her husband slipping away due to the big C).
I chased the HMRC today having had 6-8 weeks pass.
They said there was the note on the file but it has been passed to the Crown as Bona Vacantia, but suggested that an effort could be made to wrestle it back from the Crown - :
"Overview
Cash and other assets of a dissolved company automatically pass to the Crown as Bona Vacantia by law under Section 1012 of the Companies Act 2006. The Bona Vacantia Division (BVD) of the Government Legal Department is responsible for this function.
The Discretionary Grant application enables sums of money to be recovered without making an application to restore the company to the Companies Register. A maximum limit of £3000 can be recovered and only one grant payment will be made in respect of each dissolved company.
All grants are discretionary. No-one has a right to a grant."
https://www.gov.uk/guidance/apply-for-a-discretion...
I'll update again.
MaxFromage said:
Hopefully given your accountant's circumstances, HMRC will accept this is a case where they should apply their discretion and get this refunded to you. Your accountant will need to advise if you need to declare (or already have) this as income.
HMRC has said it’s gone from them though…PushedDover said:
Just in case anyone else is ever in the similar place, i'll update as I go.
My Accountant wrote to HMRC expaining the errors in advice (she was under some strain with her husband slipping away due to the big C).
I chased the HMRC today having had 6-8 weeks pass.
They said there was the note on the file but it has been passed to the Crown as Bona Vacantia, but suggested that an effort could be made to wrestle it back from the Crown - :
"Overview
Cash and other assets of a dissolved company automatically pass to the Crown as Bona Vacantia by law under Section 1012 of the Companies Act 2006. The Bona Vacantia Division (BVD) of the Government Legal Department is responsible for this function.
The Discretionary Grant application enables sums of money to be recovered without making an application to restore the company to the Companies Register. A maximum limit of £3000 can be recovered and only one grant payment will be made in respect of each dissolved company.
All grants are discretionary. No-one has a right to a grant."
https://www.gov.uk/guidance/apply-for-a-discretion...
I'll update again.
Erm ...My Accountant wrote to HMRC expaining the errors in advice (she was under some strain with her husband slipping away due to the big C).
I chased the HMRC today having had 6-8 weeks pass.
They said there was the note on the file but it has been passed to the Crown as Bona Vacantia, but suggested that an effort could be made to wrestle it back from the Crown - :
"Overview
Cash and other assets of a dissolved company automatically pass to the Crown as Bona Vacantia by law under Section 1012 of the Companies Act 2006. The Bona Vacantia Division (BVD) of the Government Legal Department is responsible for this function.
The Discretionary Grant application enables sums of money to be recovered without making an application to restore the company to the Companies Register. A maximum limit of £3000 can be recovered and only one grant payment will be made in respect of each dissolved company.
All grants are discretionary. No-one has a right to a grant."
https://www.gov.uk/guidance/apply-for-a-discretion...
I'll update again.
Rufus Stone said:
You need to ask the King what he wants to do with the cheque. 
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