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When do I have to start making payments toward the tax on my director's loan?

When you are a director of a corporation, you have the ability to do both lend money to the company as well as borrow money from the firm.

By cheap accountantPublished 2 years ago 4 min read
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A Director's Loan Account is where the specifics of these transactions are recorded and stored.

One of the reasons a director might decide to take out a Director's Loan is so that they can charge their personal costs to the business and have the business owe them money as a result of doing so.

You will either have a financial obligation to the firm at the conclusion of the fiscal year, or the company will have a financial obligation to you. This must be represented in the balance sheet as either an asset or a liability, depending on which category it falls under.

There is no requirement to pay any tax on the balance of the Director's Loan Account so long as the account is in credit (meaning the firm owes you money). On the other hand, you can be required to pay taxes if the account has a negative balance when the fiscal year for your firm comes to a close.

When do I have to start making payments toward the tax on my Director's Loan?

If your Director's Loan balance is positive at the conclusion of the fiscal year, then it is quite likely that you will be required to pay tax on the remaining balance.

However, if you are able to pay off the balance within nine months and one day of the end of the fiscal year, you won't have to pay any tax on the interest or other earnings on that balance.

If you haven't been able to pay off the balance, the firm will be required to pay additional Corporation Tax on any amount of the Director's Loan that is still due. This applies to any amount that isn't paid off. At the moment, it is set at 33.75%, which is the rate that is considered to be the greater rate of dividend tax (correct as of June 2022).

When the loan from the limited company Accountants has been repaid in full, HMRC will be able to reimburse this tax to the company. You will, however, be required to submit an application in order to receive this reimbursement as it is not an automatic process. You are not permitted to make a request for reimbursement until nine months and one day have passed since the close of the fiscal year. There is also a maximum reclaim period that lasts for four years from the end of the accounting period in which the repayment has been made or the loan has been wiped off. This period begins when the accounting period in which the repayment has been made.

Can you define "bed and breakfast" for me?

Bed and breakfasting is a term that is used to describe a circumstance in which the director intends to avoid paying tax on their Director's Loan. To put it another way, bed and breakfasting is an attempt by the director to avoid paying tax.

The loan is repaid in full by the director before the end of the company's fiscal year so that they can avoid paying any taxes on it. However, almost shortly after that, they take out another another loan. This practise can go on indefinitely with the goal of ensuring that the debt is never paid back.

HMRC has established a policy that states that when a director repays a loan of over £10,000, they are not permitted to take out another loan of £10,000 within the next 30 days. This is done to prevent the system from being used in such a manner. Should this occur, the total amount of the loan will be subject to taxation.

Even if you take out the additional loan after the 30-day timeframe has passed, there are still several situations in which you may be subject to further taxation. This occurs when the loan that is being repaid is greater than £15,000 and, at the time that the loan is being repaid, there is an agreement or intention to borrow an additional $5,000.

Summing up

As you can see, there are a number different ways that you might be taxed on your Director's Loan, and it is possible to avoid being taxed in any of these methods. However, it is recommended that you do pay the tax. You simply need to exercise caution when it comes to paying your loan repayments and consider carefully whether or not you want to apply for further credit in the near or distant future.

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