Cg13150 - introduction and computation: occasions of charge: assets lost/destroyed/negligible value: practical considerations - hmrc internal manual

CG13150 - INTRODUCTION AND COMPUTATION: OCCASIONS OF CHARGE: ASSETS LOST/DESTROYED/NEGLIGIBLE VALUE: PRACTICAL CONSIDERATIONS COMPANIES RESTORED TO THE COMPANIES HOUSE REGISTER  Where a

company has been struck off the register at Companies House, a person can apply for a court order for a company to be restored to the register under s1029 Companies Act 2006 (CA06). If the

application is successful then s1032 CA06 applies, with the company deemed to have continued existing as if it had never been dissolved or struck off.  HMRC interprets s1032 CA06 to mean

that both the company and the share capital of that company are deemed to continue existing in the period between dissolution and restoration. The holder or holders of the share capital

immediately prior to dissolution are deemed to have continued to hold the shares in the period between dissolution and restoration.  When a company is struck of the register at Companies

House, the share capital of that company ceases to exist. As the shares are no longer held, a negligible value claim cannot be made. Instead, the holder or holders of the share capital can

make a claim that the shares were actually lost under s24(1) TCGA92 (see CG13120).  The effect of s1032 CA06 is that the shares cannot be claimed to have been lost or destroyed so the claim

under s24(1) TCGA92 cannot succeed. However it may be possible for a successful negligible value claim to be made in relation to the shares so long as the company is actually restored to the

register and s24(2) TCGA92 is satisfied (see CG13125 onwards).  Previous page Next page Print this page