- Posted by admin
- On August 10, 2017
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Do as much of the work yourself
- Sell the assets – you may need to instruct an agent for specialist items
- Pay the creditors – all of them
- Get all the book debt money in
- Have the accounts prepared to the date the company ceased to trade – may need your accountant
- File accounts at Companies House to cessation of trade
- Tell H M Revenue and Customs (PAYE and VAT) that you have ceased trading
- Have tax and VAT returns prepared and submitted to the cessation of trading
- Transfer pensions out of the Company – may need a pension advisor
Although you may need to instruct a professional in some areas (such as pensions), by doing a lot of this work yourself, you could be saving a lot of money in professional fees.
Beware: Monitor the position closely by keeping a record of the assets and liabilities and if at any time, you think that you are not going to have enough money to pay all of the Company’s liabilities, you need to stop and get help from an Insolvency Practitioner.
How much will be left?
Work out how much money (and other assets) you have after you have paid (or provided for) your liabilities.
If it is less than £25,000
If this is less than £25,000 there is an Extra-Statutory Concession (ESC) C16 that can be granted by HM Revenue & Customs that allows a “do it yourself” wind up a solvent company (no involvement from a Liquidator) where the surplus funds can be passed to the shareholders as capital receipts rather than dividends. If the amount is over £25,000, these surplus funds will be classed as income and taxed accordingly.
If it is more than £25,000
The Extra Statutory Concession (ESC) C16 will not apply and for the surplus funds to be classed as a Capital Distribution, you will need this to distribution in a liquidation. A Members Voluntary Liquidation “MVL” is a formal procedure, but many firms have streamlined the process for simple “cash at bank only” Companies to keep the costs down. In the majority of cases, the fees will be a lot less than the tax savings, so they are worthwhile.
Why do I need it to be a Capital Distributions?
Entrepreneurs Relief is available to individual shareholders who have owned the business during the year that ends on the date the business was disposed of or ceased trading
There’s a maximum lifetime limit on the amount of Entrepreneurs’ Relief you can claim on qualifying gains. The current limit is £10million. You can make claims for Entrepreneurs’ Relief on more than one occasion.
Capital Gains Tax is due at 10% on all qualifying gains (this includes Capital Distribution’s) up to the maximum lifetime limit.
Mr Plant decided to retire and dispose of his garden centre. He sold the business assets and paid all his debts, leaving him £100,000 in his bank. He had no other gains or losses. This qualified for Entrepreneur’s relief and would be taxed on £100,000 less his personal allowance) at 10%, i.e. approximately £9,000. He had to pay a liquidator £2,000 in total so it cost him £11,000.
If he had received this as income, he wouldn’t have had to pay the liquidator, but would be taxed at the higher rate and his tax bill may be somewhere near £34,000. Quite a difference!
Please do not hesitate to contact Claire Foster on 01302 965485 or firstname.lastname@example.org for further information or to receive a quote to provide an MVL