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Help received final demand from revenue for Ltd company which is dissolved

  • 01-08-2014 11:46pm
    #1
    truth44
    Registered Users, Registered Users 2 Posts: 9 ✭


    Hi hope there is someone out there that can give advice
    Received a final demand from revenue today for paye due for 2011 for my limited company .
    The company dissolved in 2o12 and I ceased trading as a ltd company in dec 2011.
    I have never received any letters from revenue about this until today and it gives me 7 days to pay up or they send the sheriff or take me to court.
    This is the first time I've ever been notified about it and the company has closed.
    I am now a sole trader.
    Am I still liable personally for debts of a company which has been dissolved.
    I'm worried sick :-(


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Did you file a notice of dissolution or did you merely stop trading?

    The company may still be active

    You cant be liable personally. The company is liable for the companies taxes


  • #3
    barneystinson
    Registered Users, Registered Users 2 Posts: 4,685 ✭✭✭barneystinson


    Mr. Incognito wrote: »
    Did you file a notice of dissolution or did you merely stop trading?

    The company may still be active

    You cant be liable personally. The company is liable for the companies taxes

    The company is liable for its taxes, but to the extent that the liability relates to unpaid PAYE deducted from the director's salary, then the director can effectively be made liable by the operation of S997A.


  • #4
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    barneystinson wrote: »
    The company is liable for its taxes, but to the extent that the liability relates to unpaid PAYE deducted from the director's salary, then the director can effectively be made liable by the operation of S997A.

    Aye I remember we had this debate a year back or so and there is a thread around here somewhere where I linked the order from the Revenue Statement of Practice.

    They go after the company first, then the employee and only in exceptional circumstances.

    We are jumping ahead to a presumption that he was paid a salary which may not be the case as most small companies don't pay the owners a salary.

    First question however is was the company legally dissolved or merely ceased trading.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    The most important part is to talk to them.


  • #6
    srsly78
    Registered Users, Registered Users 2 Posts: 7,157 ✭✭✭srsly78


    OP have you considered paying the bill you owe?


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  • #7
    barneystinson
    Registered Users, Registered Users 2 Posts: 4,685 ✭✭✭barneystinson


    srsly78 wrote: »
    OP have you considered paying the bill you owe?

    Why do you assume he owes it? If the company never deregistered properly then the demand may well be in relation to estimates.


  • #8
    srsly78
    Registered Users, Registered Users 2 Posts: 7,157 ✭✭✭srsly78


    Then just file a zero return, no problems.

    Alternatively - talk to an accountant \o/


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