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Tax implications of liquidating a company

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Once you've voted to dissolve an LLC or corporation, you must file paperwork with the state, certifying the decision to terminate the business.Filing a Certificate of Dissolution (also known as Articles of Dissolution) is a process that varies from state to state.Typically, such agreements contain clauses that require a two-thirds or majority vote in order to dissolve the business.These operating documents should be archived in the company's records and filed with your state's secretary of state.There are financial ramifications, tax issues, and personal relationships with employees, customers, and suppliers to consider during the process.Whether you're a sole proprietor, partnership, limited liability company (LLC), or a corporation, the following guidelines should help you cover the basics of closing your business in a more controlled, less stressful manner. Close the Business As Required by Your Business Articles If you're a sole proprietor, you don't need to worry about closing according to the requirements of business organizational documents.Certain federal tax forms (such as the federal unemployment tax return and the employer federal tax return) contain checkboxes indicating that it will be the last return filed by the business.You'll need to watch out for tax due dates that differ from the norm.

Alternatively there is an informal procedure that can be employed, which is a HMRC concession called Extra Statutory Concession C16 (ESC C16).This negates the need to appoint a liquidator by allowing the distribution of any cash or assets remaining in the company to the shareholders as capital for which CGT is payable.The Extra Statutory Concession route However, in some cases there will be no tax to pay as the gain will be covered by the individual’s annual capital gains exemption which for 2008/2009 is £9,600.00.Thus a formal liquidation, though arguably more expensive, will be the better method of winding up the company if the company believes it could face claims by creditors.[intense_alert color=”#505050″ shadow=”3″ block=”1″ close=”0″ font_color=”#ffffff”][intense_icon type=”chevron-sign-right” size=”5″ color=”#d6411c” extra_class=”call-to-action-box-icon” /] Need a solicitor?If ending the business is what you want to do, be sure to follow the rules to the letter, to avoid disputes later on. File with the State Sole proprietors don't have to file anything with the state.