AMS is a Swindon-based accountancy practice, specialising in supporting SMEs and contractors. In this column, Peter Bromiley, partner at AMS explains how a Director’s Loan works.
Many directors/shareholders borrow money from their companies but, as long as they repay it within 9 months of their following accounting year end date, there are no great tax implications.
If it is not repaid by that deadline, a law called s.455, says the company must pay 32.5% (from April 2016) of the outstanding loan to HMRC – who will hold this money until the loan has been repaid to their company in full.
What you cannot do is pay it back by the deadline and then re-borrow it soon afterwards unless the loan is under £15,000 where it could be re-borrowed after 30 days.
If you re-borrow more than £15,000, HMRC can make the decision that you always intended to re-borrow it later and apply the s.455 law as above. So, in practice you can borrow money from your company – but be aware of the rules.
Peter Bromiley ACA AMS Accountancy Ltd
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