All registered companies in the UK must pay corporation tax on their profits. The rate of corporation tax varies between 19% and 25% depending on the level of profits of the company.
What Is A Restoration By Court Order? And Why Are Companies Reinstated To The Register?
The application to strike-off a company from the Companies Register can be rejected if the company is found to have outstanding debts. In this case any debts must be settled before the company dissolution can be actioned, or if the company is insolvent then the liquidation of the company may be required.
The pressure placed on government to reduce business rates has led to a range of reliefs and exemptions being made available, with some local authorities also offering discretionary reliefs to local businesses that meet their criteria.
In the main, the limited company legal structure protects directors from personal liability in relation to business debts.
When a company goes into insolvent liquidation, the liquidator will investigate the actions of the directors to determine to what extent, if any, they are responsible for the company’s failure. They will carry out an investigation whether you choose to liquidate the company voluntarily or it is forced by the court.
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Dissolution is not an appropriate solution for striking off (dissolving) a company with debts. Liquidation is recommended for several important reasons.
When a business fails there are early warning signs to look out for that can help you deal with the matter before it becomes too damaging. Lack of cash often the first indication, and this may materialise as an inability to pay the bills on time.
Companies can cease trading for various reasons including a director’s retirement or ill health, ongoing financial problems, or simply because the company serves no further purpose.
When a company becomes insolvent, a meeting of creditors is often called to explain why the business has failed and/or to vote on the next proposed step.
So although administration and liquidation are fundamentally different in their approach to the problem, both are processes used to limit the damage for companies and their creditors. The more hopeful option of the two is administration and there are eligibility criteria and potential benefits of this process for companies and creditors alike.
What is a Declaration of Solvency? Find out what this means and how Begbies Traynor can provide key advice.
What does it mean when a company is a going concern?