Claiming Capital Gain or Dividend on SA?

dinamight

My partner closed down his limited company in 2007 and paid out the remaining of the business account to us both as 50% shareholders.

I have done some research on line and see that it is possible to declare some of the payment as capital gain but it seems we have to apply to HMRC to do this. We did not file this application.

My question is, as individual tax payers can we now declare the last payment made from the company as a capital gain on our tax form or do we have to declare all payments from the company as dividends (all payments that were not salary, that is).

I am trying to get through to HMRC but the people who answer the phone say my question is too complicated and needs to be answered by a technician, but they are never available.

Thank you in advance for any guidance or advice!