COM40072 - Case records: new company records: cases where no COTAX record has been set up (Action Guide)
To deal with a new company in the CT responsible office where no COTAX record has been set up automatically by COTAX, consider steps 1 - 8 below. The guide is presented as follows.
Background company registration information
Steps 2 – 3 Create COTAX record
Steps 4 – 5 Unincorporated associations
Steps 6 - 8 Limited Liability Partnerships in liquidation
Background company registration information
Types of companies requiring registration are:
- new incorporated company
- Industrial and Provident Society
- non-resident company trading through a permanent establishment in the UK
- a company required to register to notify disposal of an interest in UK land or property Credit Union
- other cases not set up automatically
New incorporated UK company will have registered with Companies House and HMRC will be notified automatically. A UTR will be generated at the same time.
An overseas registered company is also required to register at Companies House, when it has some degree of physical presence in the UK. (Companies Act 2006 Part 34 & SI 2009/1801). This will include those companies (i) claiming to be centrally, managed and controlled from within the UK (resident in the UK and liable to UK tax on worldwide income) or (ii) companies operating in the UK through a Permanent Establishment (liable to UK tax on the profits attributable to the PE). Once registered at Companies House HMRC will be notified automatically. A UTR will be generated at the same time.
An overseas registered company that is involved in developing property or land in the UK or disposes of an interest in UK property or land is excluded from the requirement to register with Companies House. Such a company along with Industrial and Provident Society, Credit Union or other cases that are not set up automatically are required to register with HMRC direct. To set up this type of company or any other on COTAX:
Initial search
1. Use function TRCT (Trace Taxpayer) to make sure the case has not already been set up, remembering that it may take two working days for a company registering at Companies House to be automatically set up on COTAX. If it is already set up, forward the papers to the current responsible office.For companies registering due to the disposal of an interest in UK land or property, note the existing COTAX record with the date and any additional details
Create COTAX record
2. Use function CCTP (Set up New Company) to create a new COTAX record.
3. Request the issue of a CT41G from COTAX if you want to obtain more information or write a letter to let them know the UTR.
Unincorporated associations
4. When you receive notification of a new case, use function CCTP (Set Up New Company) to set up the case but do not request the issue of a CT41G from COTAX.
5. If the association has provided all the information required by S55 FA 2004, take no further action.
If you need more information, issue form CT41G (Clubs) manually or write a letter to let them know the UTR.
Limited Liability Partnerships in liquidation
6. When you receive notification of a new case, use function CCTP (Set Up New Company) to set up the case but do not request the issue of a CT41G from COTAX.
7. Use function ACAP (Add / Amend Capacity Details) to enter the name and address of the liquidator.
8. Use function ACOM (Amend Communication Details) to enter the liquidator’s address as communication address.