Covid & small business wind down

J.P.

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Hi,

My wife has a small business (service industry) , she set it up about twenty years ago when she was made redundant from her employment. The business is my wife’s only source of income (which is very modest) , I work full time in other employment & I do not take a salary from the business. She started out as a sole trader & converted to a limited company in 2012, my wife & I being the only two directors. Due to Covid, her business is struggling, she has taken no salary from the business since Feb 2020 & as we are both in our early 60’s, she has decided it's time to wind down the business. As things currently stand, when all the business debts are paid, there should be a small cash surplus remaining within the business when all is done of about €15,000 approx. – my question is, can the business make a termination payment / ex gratia redundancy payment to her using the residual cash in the business ? Thanks.

J.P.
 
Yes, the business can. See link below:


Your wife may be able to "clean out" the company of all cash by a using termination payments/ pension payments and then avail of voluntary strike off.

Jim Stafford

Hello Jim

How can a company pay a termination payment to a director if that person still remains on as a director, even if it is just for a few days to sort out the voluntary strike-off. My understanding is that there hasn't actually been a termination of the office
 
How can a company pay a termination payment to a director if that person still remains on as a director, even if it is just for a few days to sort out the voluntary strike-off. My understanding is that there hasn't actually been a termination of the office
The directors would need to take specialised advise from a tax consultant on the proper way to utilise the provisions. (i have seen cases of directors being made redundant, and new directors being appointed etc)

Jim Stafford
 
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