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The court heard Darren Upton had written a letter to Judge Sally Cahill QC saying he wasn’t “a typical inmate of prison”.
But the judge said: “That simply demonstrates your arrogance continues. You are typical. Inmates of prison are people who are dishonest. You are a thoroughly dishonestly man motivated by your own selfish greed.”
If you get an investigation and they go through the books there will be a problem. At best you will get hit with a bill for BIK back taxes on the sums involved at worst you could be talking fraud and tax evasion.
Your money is your money and Co. money is Co. money. Never mix them up.
The limit on Directors Loans is 5k. Technically it is illegal to take more than that but requires a complaint from shareholders to be investigated. However, large loans to directors may well be deemed as payments by HMRC and taxed accordingly.
If the loan amount does go over 5k at any point in the tax year then you are liable for BIK taxation on it anyway.
If the loan is still outstanding more than 9 months after Co. financial year end you are also liable for taxation on the outstanding amount at 25%.
In short, unless you have a damned good reason for it and keep it below 5k and pay it back within the time limits there is really no point in doing it.
If the money is in the Co. anyway then just pay it out as a Dividend and be done with it.
"Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.
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