Voluntary Deregistration of Companies
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- Опубликовано: 5 сен 2024
- Hi there
Thank you for watching the video;
Please use the following link if you would like assistance with a Public Officer Appointment: www.swiftreg.c...
Please use this link for assistance with Annual Returns: www.swiftreg.c...
Please include the following information and wording on your company letterhead when applying to CIPC for voluntary deregistration:
1. Date
2. Attention: CIPC Deregistration Department
3. Company name and registration number
4. Company Tax Number (SARS income tax registration number)
5. This dormancy Statement - The company is dormant (not carrying on business) and has no assets, or due to the inadequacy of its assets, there is no reasonable probability of the company being liquidated."
6. The reason that the entity did not file annual returns.
7. Request that the status of the entity be changed to voluntary deregistration.
8. The letter must be signed by at least 50% of the active directors or members.
The additional documents listed below should be attached to the letter to be submitted to the CIPC:
1. Tax clearance certificate or written confirmation from SARS stating that there are no outstanding tax liabilities.
2. Certified copy of the ID of the person signing the request.
The Deregistration letter along with the additional documents can then be emailed to deregistrations@cipc.co.za.
Good luck
Douglas
Thank you for a great Video! It's clear and to the point, with only the relevant information I needed. By far the best video I could find.
Thank you, I'm glad it was helpful!
what about company that deregistered on Cipc but at sars is not.
Then the good news is that half the job has been done for you. Remember SARS never automatically deregisters you like CIPC did for you.
Hi, is this information since applicable, or has there been chances since you recorded? Thanks
Yes, it is still applicable.
Hi Doug
You had mentioned how you would insert a template (copy of the wording) of the letter needed by CIPC in the description. I can’t seem to find it. Kindly assist
Hi there, my apologies thank you for pointing it out. I have corrected it. The wording is now in the description.
Hi. I'm trying to deregister my dormant company with SARS. I already made an ebooking, but there are supporting docs that I need to upload within 24 hours:
1. POA or Resolution
2. Supporting docs for VAT and PAYE registration/deregistration (with this one I was thinking of submitting my deregistration certificate from CIPC).
Exactly what are these docs?
Hi there, we do not offer this service at SwiftReg and would therefore recommend you ask an accountant to assist you as they would be more familiar with the task.
Hi i registered a company 3years ago and its not in use i want to derigester it because i keep getting sms that i owe money on tax returns and they keep reminding me to file returns i have never did returns before must i pay these penalties before derigestering?
SwiftReg currently does not offer a full Company deregistration service as the process requires filing Company returns with SARS (which is the part we currently do not offer) Below is a step by step process of what is required. We can however assist with the CIPC Annual Returns and Tax Clearance certificate aspects of the process.
There are 2 ways to deregister a company:
1. Automatic deregistration - failing to file CIPC annual returns, however SARS requires additional action. (This CIPC process takes 7 years)
2. Voluntary deregistration - submission of a deregistration request to the CIPC and SARS. (this CIPC process takes about 4 months)
1. Automatic Deregistration:
When a company fails to submit two or more CIPC annual returns, the CIPC will initiate the deregistration process automatically. If a maximum of five annual returns remain outstanding, the company will be officially deregistered.
However, it's important to note that during those five years, the company will still be considered active. This means the company may incur penalties and late payment fees from both the CIPC and SARS for missing important compliance dates. The government may require these fees to be paid at a later date.
2. Voluntary Deregistration:
This requires the following process to be followed:
1. File your company's outstanding annual returns and tax returns. Please click here for help with your annual returns:
www.swiftreg.co.za/Swiftreg/Products/Annual_Return.aspx
2. File the company’s outstanding income tax returns even it did not conduct any business. In this case, a nil return is filed with SARS. Please note that SARS will levy administrative penalties each month that the entity is non-complaint, up to a maximum of 35 months. Penalties can range from R250 to R16 000 per month for non-compliance.
3. Once the 2 steps above are complete, you will need to prepare a submission for CIPC for voluntary deregistration which consists of:
3.1. A Deregistration letter on your company letterhead which includes the following information.
3.1.1. Date
3.1.2. Attention: CIPC Deregistration Department
3.1.3. Company name and registration number
3.1.4. Company Tax Number (SARS income tax registration number)
3.1.5. This dormancy Statement - The company is dormant (not carrying on business) and has no assets, or due to the inadequacy of its assets, there is no reasonable probability of the company being liquidated."
3.1.6. The reason that the entity did not file annual returns.
3.1.7. Request that the status of the entity be changed to voluntary deregistration.
3.1.8. The letter must be signed by at least 50% of the active directors or members.
3.2. The additional documents listed below should be attached to the letter to be submitted to the CIPC:
3.2.1. Tax clearance certificate or written confirmation from SARS stating no outstanding tax liability.
3.2.2. Certified copy of the ID of the person signing the request.
3.3. The Deregistration letter along with the additional documents can then be emailed to deregistrations@cipc.co.za.
Important Notes:
• Ensure that your company's SARS tax returns and CIPC annual returns are up to date.
• The CIPC deregistration process may take up to six months to be processed. It's advisable to follow up with them to confirm receipt of the deregistration and inquire about its progress.
• You can still register a new company while your current one is undergoing the deregistration process.
• Avoid the risky approach of not paying your CIPC annual returns to initiate automatic deregistration, as SARS may impose penalty fees for late or unsubmitted tax returns.
• If you would like to restore a final deregistered company with CIPC please use the following link.
www.swiftreg.co.za/Swiftreg/Products/Company_restoration.aspx
Kind regards
The SwiftReg Team
What about companies that are de-registered on SARS but not on CIPS or vice versa ?
No problem it just means that half the work has been done for you.
Hi there, I have registered a private company in Sep 2023, which is currently dormant and not active. thus it makes sense to deregister the company. I have not appointed a public officer to assist me with the SARS responsibilities to date, meaning my business income tax return (nil returns) have also not been submitted. Can I appoint myself as director of the company as the tax representative at SARS just in order to get the deregistration process started? Please advise.
Hi Juanita, I am sorry to hear that your business did not work out as intended and now you have the extra hassle of deregistering it. I need to warn you, SARS and CIPC do not make it easy to deregister any company. To answer your question; yes you can as the director of the company appoint yourself as the Public Officer. This will allow you to access the e-filing profile and submit the nil returns in order to obtain the tax clearance certificate. We can assit you with the appointment of the Public Officer www.swiftreg.co.za/swiftreg/products/public-officer-appointment.aspx should you need assistance. I hope this answers your question.
We voluntary deregistered a company, but the dividends declared were left in a company registered bank account per accountants instruction at the time. Now we are unable to verify the bank account for FICA. We’ve been told to apply for re-registration of the company just so that we can verify the account and move the funds. Does this sound correct?
Hi there, yes unfortunately the banks are very strict on all matters related to FICA as they have been fined millions in the past for FICA transgressions. On side note, your company should never have been allowed voluntarily deregistration if there was still unfinished business, such as dividend payouts. One of the requirement is that the directors must make a statement stating that there are no assets, nor liabilities and the company has ceased doing business, but this was not the case. Anyway, should you want to restore the company please use the following link. www.swiftreg.co.za/swiftreg/products/company-restoration.aspx
Hello sir, There's one company that is already deregistered with cipc, however it was done before filling...how do we go about still following the mentioned steps and getting all the required documents and finalize everything even with sars?
Hi Carol, that is good news as half your work is done. Now, all you need to do is bring all your SARS returns up to date and then request them (SARS) to deregister the company on their database. You may have to show them proof that CIPC has already deregistered the company.
Hi Doug, your cost to do this process with SARS and CIPC is R190, am i right with this.
Thanks
Hi Ranjie, SwiftReg currently does not offer a full Company deregistration service as the process requires filing Company returns with SARS (which is the part we currently do not offer) Below is a step by step process of what is required. We can however assist with the CIPC Annual Returns and Tax Clearance certificate aspects of the process.
There are 2 ways to deregister a company:
1. Automatic deregistration - failing to file CIPC annual returns, however SARS requires additional action. (This CIPC process takes 7 years)
2. Voluntary deregistration - submission of a deregistration request to the CIPC and SARS. (this CIPC process takes about 4 months)
We have made a video explaining the process. ruclips.net/video/xOC9rk8Qr6k/видео.htmlsi=0JbmL-AwoeOBekFK
1. Automatic Deregistration:
When a company fails to submit two or more CIPC annual returns, the CIPC will initiate the deregistration process automatically. If a maximum of five annual returns remain outstanding, the company will be officially deregistered.
However, it's important to note that during those five years, the company will still be considered active. This means the company may incur penalties and late payment fees from both the CIPC and SARS for missing important compliance dates. The government may require these fees to be paid at a later date.
2. Voluntary Deregistration:
This requires the following process to be followed:
1. File your company's outstanding annual returns and tax returns. Please click here for help with your annual returns:
www.swiftreg.co.za/Swiftreg/Products/Annual_Return.aspx
2. File the company’s outstanding income tax returns even it did not conduct any business. In this case, a nil return is filed with SARS. Please note that SARS will levy administrative penalties each month that the entity is non-complaint, up to a maximum of 35 months. Penalties can range from R250 to R16 000 per month for non-compliance.
3. Once the 2 steps above are complete, you will need to prepare a submission for CIPC for voluntary deregistration which consists of:
3.1. A Deregistration letter on your company letterhead which includes the following information.
3.1.1. Date
3.1.2. Attention: CIPC Deregistration Department
3.1.3. Company name and registration number
3.1.4. Company Tax Number (SARS income tax registration number)
3.1.5. This dormancy Statement - The company is dormant (not carrying on business) and has no assets, or due to the inadequacy of its assets, there is no reasonable probability of the company being liquidated."
3.1.6. The reason that the entity did not file annual returns.
3.1.7. Request that the status of the entity be changed to voluntary deregistration.
3.1.8. The letter must be signed by at least 50% of the active directors or members.
3.2. The additional documents listed below should be attached to the letter to be submitted to the CIPC:
3.2.1. Tax clearance certificate or written confirmation from SARS stating no outstanding tax liability.
3.2.2. Certified copy of the ID of the person signing the request.
3.3. The Deregistration letter along with the additional documents can then be emailed to deregistrations@cipc.co.za.
Important Notes:
• Ensure that your company's SARS tax returns and CIPC annual returns are up to date.
• The CIPC deregistration process may take up to six months to be processed. It's advisable to follow up with them to confirm receipt of the deregistration and inquire about its progress.
• You can still register a new company while your current one is undergoing the deregistration process.
• Avoid the risky approach of not paying your CIPC annual returns to initiate automatic deregistration, as SARS may impose penalty fees for late or unsubmitted tax returns.
• If you would like to restore a final deregistered company with CIPC please use the following link.
www.swiftreg.co.za/Swiftreg/Products/Company_restoration.aspx
Kind regards
Douglas
I opened the company and no business was conducted as of today, you also cannot help to deregeter with sars and cipc.
Thanks
Good day, what to do if my enterprise status says "deregistration final"?
Hi there, this happened because your annual returns were not paid to CIPC. There are however 3 scenarios where a company can be restored; they are (1) if the company owns fixed property (2) if the company can prove that it has continued to trade after the deregistration or (3) by a court order. Should you wish to restore you company you can use the following link. www.swiftreg.co.za/Swiftreg/Products/Company_restoration.aspx
Hello sir, please help me 😢, I forgot my password on my CSD, I've changed my phone number that I used to register and I for got the security questions
Oh dear, my advice would be for you to go into the nearest CSD branch and try and resolve it in person.
Hey Sir...which tax clearance certificate they require?
Is it the one for business or personal?
The TCC is for the business
@@swiftregis it degistration tcc
Hi there,we have deregistered with Cipc and on our profile its says deregistration is final!
However,still got a message from sars to pay,pay what?if the business has not been active?how to go about here
Hi Bernita, CIPC and SARS are two different government departments and you have to deregister your company with both of them separately. Fortunately CIPC has already automatically deregistered you, but SARS requires your intervention. I suggest you ask an Accountant to assist you. You will need to activate your efiling profile (even if you have done no business) This is done by appointing you as the Public Officer of the company and then submitting nil returns for each year. Only once all returns are up to date can you request them to deregister your company. In the meantime they can charge you penalties for outstanding returns even if you have done no trading.
@@swiftreg okay I am to click submit to register for the Public Officer.There after do the filing as you explained.Then, is there a letter from CIPC that I need to receive to show SARS that the company is already deregistered to show that on our end what we did as well as CIPC...please confirm
Hi Bernita CIPC is meant to email you the confirmation of the final deregistration. However if you never received the email I am sure SARS will accept a screenshot of the status.
Okay,no letter was emailed but thank you very kuch for your help
Sorry to ask again where on one's profile can i acces the letter of final deregistration please
I have been trying to derigister my company for the past 2 years. It ceased trading in 2019 and I have contacted CIPC several times in writing with all the required info but cannot seems to get any kind of response?
That's so frustrating. CIPC does not make the deregistration process easy. Remember you must also deregister from SARS.