Company strike off & Personal bankruptcy

Options
Hi all,

Congrats to all those who are doing well in business and thanks to all those contributing to forums. Just would like some opinions on my options.

I basically have spent the last few years being extremely disorganised and burying my head in the sand. I have decided to address the problem head on this year. I am embarassed about how it got to this stage, but here is the summary:

1) Personal debt of £40K + CJJ
2) Limited company owing £12K to HMRC
Company has not been used for 10 months (been working PAYE). I am the only employee and director. I provided service work only, so there is no goods, or assets. The nature of my work changed and a limited company is not required for my work anymore and its not important that i retain the company or directorship possibility.
3) have been unemployed past 3 months for various reasons. Likely to remain so for next 4 months minimum.
4) Lots of non and late payments.

I had never considered bakruptcy before but I have been advised to do this through various charities and debt advice lines. However I reallise the limited company is somewhat in the way now.

I've concluded my order of actin should be:

1) Apply to strike off company
2) Apply for personal bankruptcy immediately afterwards
3) Resign (within 21 days) as company director

I have concerns that HMRC will object to striking off and and will drag this on for another 3 - 6 months. But voluntary insolvency is too costly for me.
I suppose there is also a possibility that the bankruptcy will be over but the company issues still dragging on even after bankruptcy. If I'm back in a job I may be able to pay back, and there will be less burden.

In the meantime I'm living with family. My only asset is my car which is worth less than £1K, and a smartphone that just died yesterday.

Would appreciate anyone with experience or better advice.

Thanks and have a good day.

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    Options
    NewLeaf18 wrote: »
    I have concerns that HMRC will object to striking off
    your concern is well founded
  • diggingdude
    diggingdude Posts: 2,445 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    Worth posting this on the bankruptcy page?
    An answer isn't spam just because you don't like it......
  • Gemsy81
    Gemsy81 Posts: 182 Forumite
    First Anniversary
    Options
    You can only strike off a solvent company. If you tell HMRC you cannot pay the £12k they will probably apply to liquidate the company therefore saving you the cost. I could be wrong but I think the Ltd co and your personal bankruptcy are unrelated and not dependent on one another.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    edited 28 May 2018 at 10:02PM
    Options
    Gemsy81 wrote: »
    You can only strike off a solvent company.
    correct
    Gemsy81 wrote: »
    I could be wrong, but I think the Ltd co and your personal bankruptcy are unrelated and not dependent on one another.
    yes you are, a bankrupt cannot be a director. A sole directorship company must therefore be liquidated.

    https://www.handpickedaccountants.co.uk/articles/insolvency/can-i-continue-as-a-company-director-if-im-going-bankrupt
  • fishybusiness
    fishybusiness Posts: 1,263 Forumite
    Options
    https://www.ukbusinessforums.co.uk/forums/insolvency.163/

    Much better place to ask about ltd's and your situation.
  • phill99
    phill99 Posts: 9,093 Forumite
    First Anniversary First Post
    Options
    12 years ago my company effectively became insolvent owing £8000 in corporation tax They chased me to the point that they actually knocked at my door. I showed them bank statements of the company and my personal statements. The guy was pretty decent and said that he could see I was struggling and that I wouldn't here from them again. However, that was about 18 months after the application to strike off was made as they will always contest it if money is owed.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.4K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.8K Spending & Discounts
  • 235.5K Work, Benefits & Business
  • 608.4K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards