½Û×ÓÊÓƵ

Director’s loan account

Produced by a Tolley Employment Tax expert
Employment Tax
Guidance

Director’s loan account

Produced by a Tolley Employment Tax expert
Employment Tax
Guidance
imgtext

Proprietors often take loans from their companies. Since 1 October 2007, following Companies Act 2006, private companies are permitted to make loans to their directors provided that shareholder approval is obtained.

The main tax implications of loans from companies to their directors are the possibility of a taxable employment benefit for the director and a tax liability at the dividend upper rate for the company if the loan is unpaid nine months after the period end.

See also Simon’s Taxes E8.290, B9.133 and B9.129. HMRC guidance on loans to participators is at CTM36210.

Tax implications for the company

A corporation tax charge arises if the employer is a close company and it makes a loan to a participator. For definitions and the tax treatment, see the Loans to participators guidance note.

Tax implications for the director

If a loan is provided by a third party, rather than the employer, it is worth considering whether the disguised remuneration provisions in ITEPA 2003, ss 554A–554Z21 (Pt 7A) apply, as those rules have priority over most of the other rules

Continue reading the full document
To gain access to additional expert tax guidance, workflow tools, and tax research, register for a free trial of Tolley+â„¢
Powered by

Popular Articles

Trade or hobby

Trade or hobbyInteraction of hobby farming rules and commercialityFarming has its own set of ‘hobby farming rules’, which historically have stated that a profit must be made every six years. This is known as ‘the five-year rule’, in that there can be five years of losses but there must be a profit

14 Jul 2020 13:50 | Produced by Tolley Read more Read more

Tax implications of administration and liquidation

Tax implications of administration and liquidationThis guidance considers the tax implications of a company going into administration or liquidation.Introduction to company administration and liquidationCompany going into administrationA company which is in financial difficulty may go into

14 Jul 2020 15:29 | Produced by Tolley Read more Read more

Long service awards

Long service awardsEmployee recognition by an employer can be an important motivational tool, as well as having a positive effect on retention. Most employer awards made to an employee are treated as taxable earnings under ITEPA 2003, s 62 or as a benefit under ITEPA 2003, s 201 because they are

14 Jul 2020 12:11 | Produced by Tolley Read more Read more