HMRC rebate after filing DS01

Gob_Retention_Scheme

Hello MSE forumites, 

I’m hoping your good selves might be able to help me as I can’t seem to find a clear answer online…

I basically have a limited company from years ago when I was a consultant. Thanks to the IR35 rules I have been unable to use this company as a vehicle to pay myself since 2018 & the business has been dormant. Now I have gone fully perm I have decided to wind it up. 

Everything was paid up, apart from business loans from myself as there was too little in the account. 

After managing to wrestle access back to Companies House from my accountants (who had been acquired by a larger, ineffectual firm) I managed to submit the DS01 form, which has been accepted & pending no objections, will close next month. 

I have however, received a random sum of almost £1000 back from HMRC to my business account & a letter today confirming repayment for 2018-2019 overpayment. 

My question is can I touch this money? I’ve worked out I technically owe myself about £500 in repayment for business loans, but am I due the full amount because it was an initial overpayment? 

Or can I not touch any of the funds now I have submitted the DS01, as this could be seen as trading? It seems unfair the amount would go to the crown when the business account is shut. 

Any help/point in the right direction much appreciated. Would rather not have to seek formal legal advice…

Savvy_Sue

If you're the only director / shareholder / person with any interest in the company, I can think of no good reason why this money isn't yours, BUT I must stress this is not my area of expertise (if I even have one!)

What I have picked up from other threads on this board is that you really really don't want the company closed BEFORE all such matters are dealt with, because if HMRC or anyone else pays you AFTER the company's been wound up, it's both a huge and expensive hassle to get your hands on the money. 

MDMD

You can withdraw your strike off request, then extract the money (via an appropriate method) then refile the DS01

https://www.gov.uk/strike-off-your-company-from-companies-register/withdraw-your-application