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  1. #11

    Still gathering requirements...


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    Quote Originally Posted by creativity View Post
    Commercial loans might include business loans, car loans, diy store credit agreements etc. They are all types of loans.
    The law needs to define between them and loans HMRC define as avoidance loans. Most loans where you pass money to someone who hands it back to you as a loan will fail, even if you think/prove otherwise you'll still need to pay tax on them and argue it later.
    What if a loan was issued on commercial terms, so has to be repaid and also accrues interest?

  2. #12

    Still gathering requirements...


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    Quote Originally Posted by WalterWhite View Post
    What if a loan was issued on commercial terms, so has to be repaid and also accrues interest?
    If the loan was designed to disguise tax it doesn't matter how legal it is. For an AI it might be hard to define rules but for a human a disguised numeration loan should be easy to detect, if that makes sense...

  3. #13

    Contractor Among Contractors


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    The key aspects for being a commercial loan will include the usual interest rate, repayment schedule, etc.

    In the context of loans made to contractors as part of a scheme however there are some difficult stages to overcome.

    1. Were you assessed as to your ability to repay the loan?

    2. Was that assessment based on the contract you had at the time?

    3. In which case why was the loan not recalled when that contract ceased?

    4. Otherwise how might you repay the loan?

    In theory (and practice), unsecured loans are made all the time and the lender takes a punt on repayment. Here however no lender has ever tried to recover the loan.

    My opinion is that there are some fundamental issues with trying to bring the loan up the "commercial" exemption and that those hurdles were set when the loan was drawn up and as such trying to change them now, is going to be a difficult task. not impossible and I'm sure some advisers would be willing to take it on.

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