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Previously on "Borrowing money instead of paying higher tax rate"

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  • NorthWestPerm2Contr
    replied
    Originally posted by Wanderer View Post
    Imagine today is the 10th April 2013. The director and shareholders have just taken dividends up to the higher rate limit for the 2013/14 financial year.

    The company still has retained profits of > £60k and its year end is 8th April.

    A board meeting is held and the shareholders approve a directors a loan of £60k, repayable on the 7th April 2014 with 4% interest.

    ...

    One year later on the 7th April 2014 a £60k dividend for the 2014/15 personal tax year is declared out of retained profits and split 50/50 between the director and spouse who are 50/50 shareholders. This cash is then used to repay the director's loan.

    In a separate transaction, £2,400 in interest is paid to the company by the director. This interest is accounted for as company income and £480 corporation tax is due leaving £1,920 profits to be distributed to the shareholders.

    The net result is that the director has benefited from a £60k loan for a year at a net cost of £480 or 0.8% interest and this was never declared to HMRC because it was repaid before the end of the company tax year. However, the director and spouse have now used up all of their tax allowance for the 2014/15 year and it's still only April 2014 so I really don't know what they are going to use to live on unless they have savings they can draw on and they can retain the company income in the company until the next personal tax year.

    If your company tax year doesn't line up with the personal tax year using the dates shown then it's more complex but the principle is the same. Having the loan outstanding at the company year end is OK but you will have to declare it to HMRC which you may not want to do if you are interested in keeping a low profile.

    Having the loan outstanding 9 months after the company year end will mean you get hit with a big tax bill (S455 CTA) so avoid that unless this is your long term strategy for extracting money from the company (feasible if you have a lot of retained funds you want to borrow long term and you don't want to do a MVL - professional advice is required).

    The catch is that you can't repay the loan and then take out a new one the next day because it will be caught by the "bed and breakfasting" rule but a loan may be useful if you want to defer the tax for a year or so, ie if you you intend to do a MVL at some time in the near future.

    From what I have read, you may get away with bed and breakfasting a loan if you actually pay the loan back rather than just doing a paper transaction like declaring a dividend to clear the loan but that's pretty aggressive tax avoidance and HMRC will not like it if they find out. Depends how close to the wind you want to sail. See section 8 of this document

    Another interesting point is that a directors loan can be written off without tax implications if the director dies...


    That is enough information now. I looked at all this in detail but decided not to go ahead with it but that is what I found out, I'm not an accountant so some of it could be wrong. As previously stated and confirmed by some of the accountants here, your accountant probably won't want to encourage you to do this because there is a huge potential for it to go horribly wrong. Certainly if I was running an accountancy business charging highly competitive monthly rates to contractors, I wouldn't be sticking my head about the parapet and recommending this either.

    Now you need to have a detailed discussion with your accountant based on your own company year end dates, the amount you want to borrow, the amount you have retained in the company, the loan and critical repayment dates etc.



    I seem to recall that the quick answer is that the capital gains tax treatment on the property wouldn't be very favourable. That's been discussed quite a lot, you need to do a search to find the full answer...
    Superb post - you deserve a nomination for CUKer of the year after that.....

    Thanks

    Leave a comment:


  • Wanderer
    replied
    Originally posted by NorthWestPerm2Contr View Post
    I'm finding all this a little confusing..... A solid example of how this would all work would really help....
    Imagine today is the 10th April 2013. The director and shareholders have just taken dividends up to the higher rate limit for the 2013/14 financial year.

    The company still has retained profits of > £60k and its year end is 8th April.

    A board meeting is held and the shareholders approve a directors a loan of £60k, repayable on the 7th April 2014 with 4% interest.

    ...

    One year later on the 7th April 2014 a £60k dividend for the 2014/15 personal tax year is declared out of retained profits and split 50/50 between the director and spouse who are 50/50 shareholders. This cash is then used to repay the director's loan.

    In a separate transaction, £2,400 in interest is paid to the company by the director. This interest is accounted for as company income and £480 corporation tax is due leaving £1,920 profits to be distributed to the shareholders.

    The net result is that the director has benefited from a £60k loan for a year at a net cost of £480 or 0.8% interest and this was never declared to HMRC because it was repaid before the end of the company tax year. However, the director and spouse have now used up all of their tax allowance for the 2014/15 year and it's still only April 2014 so I really don't know what they are going to use to live on unless they have savings they can draw on and they can retain the company income in the company until the next personal tax year.

    If your company tax year doesn't line up with the personal tax year using the dates shown then it's more complex but the principle is the same. Having the loan outstanding at the company year end is OK but you will have to declare it to HMRC which you may not want to do if you are interested in keeping a low profile.

    Having the loan outstanding 9 months after the company year end will mean you get hit with a big tax bill (S455 CTA) so avoid that unless this is your long term strategy for extracting money from the company (feasible if you have a lot of retained funds you want to borrow long term and you don't want to do a MVL - professional advice is required).

    The catch is that you can't repay the loan and then take out a new one the next day because it will be caught by the "bed and breakfasting" rule but a loan may be useful if you want to defer the tax for a year or so, ie if you you intend to do a MVL at some time in the near future.

    From what I have read, you may get away with bed and breakfasting a loan if you actually pay the loan back rather than just doing a paper transaction like declaring a dividend to clear the loan but that's pretty aggressive tax avoidance and HMRC will not like it if they find out. Depends how close to the wind you want to sail. See section 8 of this document

    Another interesting point is that a directors loan can be written off without tax implications if the director dies...


    That is enough information now. I looked at all this in detail but decided not to go ahead with it but that is what I found out, I'm not an accountant so some of it could be wrong. As previously stated and confirmed by some of the accountants here, your accountant probably won't want to encourage you to do this because there is a huge potential for it to go horribly wrong. Certainly if I was running an accountancy business charging highly competitive monthly rates to contractors, I wouldn't be sticking my head about the parapet and recommending this either.

    Now you need to have a detailed discussion with your accountant based on your own company year end dates, the amount you want to borrow, the amount you have retained in the company, the loan and critical repayment dates etc.

    Originally posted by NorthWestPerm2Contr View Post
    The next logical question from this is investing in property - if you are up to your limit, it would make sense to buy a commercial property and put it through ltd rather than to pay the extra tax and to buy a BTL in your name?
    I seem to recall that the quick answer is that the capital gains tax treatment on the property wouldn't be very favourable. That's been discussed quite a lot, you need to do a search to find the full answer...
    Last edited by Wanderer; 10 August 2013, 12:56.

    Leave a comment:


  • NorthWestPerm2Contr
    replied
    Originally posted by Podgy View Post
    Thanks for all your great replies.

    If I'm reading it all correctly;

    I would be paying £100 per month interest on 30K Loan;

    I would pay appox 4 months interest for loan 1 = 400
    I would pay approx 16 months interest for loan 2 = 1600

    The interest would be income to the company which will be subject to CT @20%.

    So effectively the cost of the loan to me (as the sole director) is £400 - but it would also be split over the 2 accounting years (Loan 1 repaid 2014 @ 30400 / Loan 2 repaid 2015 @ 31600).

    I presuming you can pay the interest in a lump sum when you pay the loan back.

    & must make sure that there is enough reserves/income for payback plus CT due in 2014, vat, and monthly salary.

    Does anyone have a good calculator!
    I'm finding all this a little confusing..... A solid example of how this would all work would really help....

    The next logical question from this is investing in property - if you are up to your limit, it would make sense to buy a commercial property and put it through ltd rather than to pay the extra tax and to buy a BTL in your name?

    Leave a comment:


  • Podgy
    replied
    Thanks for all your great replies.

    If I'm reading it all correctly;

    I would be paying £100 per month interest on 30K Loan;

    I would pay appox 4 months interest for loan 1 = 400
    I would pay approx 16 months interest for loan 2 = 1600

    The interest would be income to the company which will be subject to CT @20%.

    So effectively the cost of the loan to me (as the sole director) is £400 - but it would also be split over the 2 accounting years (Loan 1 repaid 2014 @ 30400 / Loan 2 repaid 2015 @ 31600).

    I presuming you can pay the interest in a lump sum when you pay the loan back.

    & must make sure that there is enough reserves/income for payback plus CT due in 2014, vat, and monthly salary.

    Does anyone have a good calculator!

    Leave a comment:


  • Craig at Nixon Williams
    replied
    Originally posted by yasockie View Post
    The 4% interest is paid into the company account isn't it? therefore the real cost to the company is just the CGT on the 4%, right?
    The 4% is paid to the company so company income is increased by whatever this is and so the corporation tax payable will increase by 20% of this figure.

    Craig

    Leave a comment:


  • yasockie
    replied
    The 4% interest is paid into the company account isn't it? therefore the real cost to the company is just the CGT on the 4%, right?

    Leave a comment:


  • Podgy
    replied
    Originally posted by SimonMac View Post
    Would borrowing from this year and paying back next not leave you with less that you can take off next year so will again be in the same situation?
    No - I'm basically using the loans as a mechanism to take the dividends early for the house purchase. I take the full dividends at the beginning of April each year.

    The new house is a bit more pricey but definately dont want any mortgage on it.

    Leave a comment:


  • Craig at Nixon Williams
    replied
    Originally posted by Wanderer View Post
    I'm surprised that the accountants don't have guidance for this but I guess that they don't want their clients encouraged to do it then blow all the money and get themselves into a load of grief so they don't actively encourage it.
    Absolutely...taking loans can open up a world of problems if it is not done correctly so we would never actively encourage it unless the client has a good reason for it, enough cash to pay all tax liabilities after the loan has been taken and specific plans on how it will be repaid.

    Originally posted by Wanderer View Post
    Pay interest at the HMRC approved rate to avoid BIK (currently 4%). This becomes company income and is paid back to you minus CT at 20% so the net cost of the loan is 1% of the value.
    Depending on the circumstances the BIK route can be more tax efficient (see my last post in this thread).

    Craig

    Leave a comment:


  • Wanderer
    replied
    Directors Loans

    It's been discussed here lots of times, do a search for Directors Loans. Also read HMRC's guidance and directors loans for the straight dope from HMRC.

    I'm surprised that the accountants don't have guidance for this but I guess that they don't want their clients encouraged to do it then blow all the money and get themselves into a load of grief so they don't actively encourage it.

    I am not an accountant but here's my take on it:
    • If you take <£5k then there are no BIK implications so don't worry about it
    • If you take >£5k then it becomes a BIK or you can elect to pay interest at the HMRC approved rate (currently 4%)
    • If you take >£10k then it needs shareholder approval (a formality for most of us, do a board minute approving the loan signed by the shareholders)
    • If the loan is paid back before the end of the company tax year then you don't have to tell HMRC
    • If the loan is paid back before 9 months after the end of the company tax year then you have to tell HMRC but if you pay interest on the loan there are no tax implications
    • If the loan is paid back after 9 months from the end of the company tax year then you have to tell HMRC and pay 25% of the loan to HMRC (S455 CTA 2010). This is refundable when the loan is repaid but it takes a while so it's best to avoid this.




    It's your company so you can do what you like with the money. So here's how to do it.
    • If the loan is >£10k then do a board meeting minute, signed by the shareholders to say that the loan has been approved.
    • Repay the loan before the end of the company tax year or at the very latest before 9 months after the end of the company tax year. Do not miss this date or you will pay the price (S455 CTA 2010).
    • Pay interest at the HMRC approved rate to avoid BIK (currently 4%). This becomes company income and is paid back to you minus CT at 20% so the net cost of the loan is 1% of the value.
    • Watch out for the bed and breakfasting rules which mean you can't systematically pay off one loan and take out a new one.
    • Before you do it, double check all this with your account and make 100% sure you know what the deadlines are for repayment so you don't miss them


    It also goes without saying that you must treat it as a loan that you pay back rather than blowing all the money so don't go doing this if you are "no good with money".
    Last edited by Wanderer; 9 August 2013, 12:58. Reason: clarified

    Leave a comment:


  • Craig at Nixon Williams
    replied
    Originally posted by Podgy View Post
    I would pay the 4% interest so it would'nt be a BIK as well would it? Just pay back with the 4% added?
    Are you saying anything over 5K means the whole loan is subject to 4% i.e. the whole 30K - so effectively you lose the any of the exemption for the first 5K?
    The benefit in kind is calculated by deducting the interest rate paid on the loan from HMRC's published interest rate (4% per annum at the moment). If no interest is paid on the loan then the BIK is 4% of the loan value - if you were to pay 3% then you would still need to pay 1% as a BIK.

    You should consider whether it is more tax efficient to pay the BIK or pay interest or a mixture of both - if your non-savings income plus benefit in kind is less than your personal allowance then a BIK will not attract any additional tax (though would reduce the amount of dividends that you can take before hitting the HR threshold and you would pay employers NI on it still) - if your personal allowance is fully utilised by your non-savings income then generally it is better to just pay the interest. If you wanted to be really clever about it, you could calculate the rate of interest that you would need to pay in order to make the BIK value use us the rest of your NS band...gets a bit complex if you want to take it to this extreme though!

    Craig

    Leave a comment:


  • SimonMac
    replied
    Would borrowing from this year and paying back next not leave you with less that you can take off next year so will again be in the same situation?

    Leave a comment:


  • eek
    replied
    Originally posted by Podgy View Post
    I would pay the 4% interest so it would'nt be a BIK as well would it? Just pay back with the 4% added?
    Are you saying anything over 5K means the whole loan is subject to 4% i.e. the whole 30K - so effectively you lose the any of the exemption for the first 5K?
    Yes £5000 nothing to pay in interest
    £5000.01 and above 4% interest on the lot.

    But its only 4% and I doubt you can get the loan any cheaper elsewhere.

    Leave a comment:


  • Podgy
    replied
    Originally posted by Craig at Nixon Williams View Post
    No - once the loan exceeds £5,000, HMRC will then be interested in the loan and interest/BIK will be charged on the full amount..see the £5,002 post from before.

    There isn't anything that you could claim for relocation.

    Craig
    I would pay the 4% interest so it would'nt be a BIK as well would it? Just pay back with the 4% added?
    Are you saying anything over 5K means the whole loan is subject to 4% i.e. the whole 30K - so effectively you lose the any of the exemption for the first 5K?

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Podgy View Post
    If you take a loan for 30K I presume only 25k needs to repay 4% interest?

    My year end is November so theoretically I could take;

    30K (Nov prior to year end date) - repay April 2014 from dividend with 4% interest on 25K
    30K (Nov just after year end date) - repay April 2015 from dividend with 4% interest on 25K

    Both repayments within the 9 month limit of the company y/e.

    This would be for a house purchase & moving the company.

    I know I've asked before but would there by anything that could go through the books for relocation
    Wasn't there also some changes to the rules or addition of factors that, although these dates are within, star to look like bed and breakfast loans and will attract attention or even land the OP in a lot of bother if these dates aren't adhered to.. i.e. taking another loan out within 6 months of paying off the last one. I need to go find the details of the new rules before staking anything on my comments. Just something to be wary of?

    Leave a comment:


  • Craig at Nixon Williams
    replied
    Originally posted by Podgy View Post
    If you take a loan for 30K I presume only 25k needs to repay 4% interest?

    My year end is November so theoretically I could take;

    30K (Nov prior to year end date) - repay April 2014 from dividend with 4% interest on 25K
    30K (Nov just after year end date) - repay April 2015 from dividend with 4% interest on 25K

    Both repayments within the 9 month limit of the company y/e.

    This would be for a house purchase & moving the company.

    I know I've asked before but would there by anything that could go through the books for relocation
    No - once the loan exceeds £5,000, HMRC will then be interested in the loan and interest/BIK will be charged on the full amount..see the £5,002 post from before.

    There isn't anything that you could claim for relocation.

    Craig

    Leave a comment:

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