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Without knowing all of the circumstances and details behind this...
If the loan was given to a connected person or company, then you were to wind up the company, it's likely that you will not be able to claim and corporation tax relief for the write off of any outstanding loans.
As for the legal issues then you'd want to draw up a loan agreement between the parties which outlines the terms of the loan and make sure the accounts reflect this.
All creditors & debtors are required to be paid/written off before the company can close. As Louisa states no relief would be given for writing this loan of when the final accounts are prepared.
I would ensure there is agreement in place for this loan also, so this is formalised in writing.
Last edited by Neil@Intouch; 16 January 2017, 15:56.
In short, I would imagine it would cause problems.
I would imagine the loan would be treated as if it was made to you (who then personally loaned the money to said sole proprietor) unless you had some formal loan agreement in place between YourCo and sole proprietor. If treated as a director's loan, one would then imagine that said loan would need to be paid off by way of dividend before shutting up shop, or by the sole proprietor if there is a loan agreement.
If money does not exist to repay the loan then I think you start getting into insolvency territory but that's beyond my knowledge.
Where as I am loving the professionalism of our accountant posters are you not tempted to tell him shifting his money abroad and then shut the company is a really stupid thing to do and will have repercussions?
Surely all you are doing is aiding and abetting his dodgy dealings by trying to make it plausible?
'CUK forum personality of 2011 - Winner - Yes really!!!!
Where as I am loving the professionalism of our accountant posters are you not tempted to tell him shifting his money abroad and then shut the company is a really stupid thing to do and will have repercussions?
Surely all you are doing is aiding and abetting his dodgy dealings by trying to make it plausible?
Louisa and Neil seem to be new around here. Give them a few years and they'll both be as cynical as the rest of us.
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