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Joined up bookkeeping saves tax on directors’ loans. Several years ago you made a loan to your company. Since then you’ve drawn on company cash to pay private expenses. On balance, you’re in the black but HMRC says your cash drawing is separate from the loan and is taxable. Can it be right? Loans to shareholders HMRC has a long-standing aversion to director shareholders, especially in small and medium-sized firms, using company funds for private purposes even where it’s within company law. HMRC charges a special temporary tax, known as the s.455 charge, payable by the company, to dissuade director shareholders from using company money. Tax charge and refund The s.455 charge applies where a director shareholder owes money to their company at the end of its financial period and which is still owed nine months later. The tax is equal to 33.75% of that amount and is refundable nine months after the end of the financial period in which the debt is repaid. Loans not aggregated An unfairness of the s.455 charge is that the legislation, according to HMRC, doesn’t aggregate all transactions between a director shareholder and their company. This means they might be owed money by their company on the one hand, borrow from it with the other and the s.455 charge applies to the latter without taking account of the former. Loans aggregated In our example, HMRC’s view is that each loan arrangement is separate because they are recorded separately in Acom’s records. Case law supports HMRC’s view to a degree but this does not stop the s.455 charge from being unfair. In practice, there’s no chance of persuading HMRC to consider the loans in aggregation. However, there’s a solution.HMRC accepts that loan balances can be aggregated if company records show that borrowing and lending are managed as a single balance. To prevent avoidable s.455 charges make sure your bookkeeper aggregates all debit and credit transactions between you and your company.

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