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HMRC internal manual

Capital Gains Manual

CG13150 - Introduction and computation: occasions of charge: assets lost/destroyed/negligible value: 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  (CA 2006). If the application is successful then  applies, with the company deemed to have continued existing as if it had never been dissolved or struck off. 

HMRC interprets  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  (TCGA 1992), see CG13120. 

The effect of is that the shares cannot be claimed to have been lost or destroyed so the claim under 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 is satisfied, see CG13125 o²Ô·É²¹°ù»å²õ.