Are you lending money to your company

There is a whole raft of legislation that seeks to penalise directors and shareholders if they borrow money from their company. These regulations include possible benefit in kind charges for the director/shareholder, and additional corporation tax payments of 32.5% for the company.

In effect, the tax system discourages directors from using their company as a private bank account.

But what happens if the reverse situation occurs and a director/shareholder lends money to their company?

If a company requires long-term funding, this “loan” may be secured by the issue of shares in which case the shareholder may be entitled to a dividend. They would also share in the spoils if the company was subsequently sold or wound-up. Essentially, once capital is locked in to a formal shareholding arrangement, it is difficult for the shareholder to recover their investment without undertaking a complicated, and expensive, legal process.

An alternative approach, is to simply lend money to the company. This is best done by agreeing terms and setting up a formal loan agreement between the company and the person lending the funds. It should set out any terms for repayment, security offered by the company, and most important, any interest that will be paid by the company for the use of the funds.

The last point is significant. Many directors of smaller companies simply deposit funds in their company and take it back when it is no longer required, but they may be missing out on a possible tax-free – albeit small – income stream.

For example, depending on other sources of income, the person lending the money could be entitled to the £1,000 or £500 personal savings allowance. A loan of just £16,000, with an agreed interest rate of say 6%, would generate an annual income for the lender of just under £1,000. If the lender was a basic rate tax payer they would be entitled to the £1,000 tax-free allowance, and the company could deduct the interest payment from their taxable profits.

As always, the devil is in the detail. Please contact us for advice if you are considering a loan to your company or formalising any past loans made.

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