Directors loans..
 

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[Closed] Directors loans..

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 Alex
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Now before you all start, I AM going to call the accountant but he's bloody hard work and firstly I want to see if anyone has done this.

My old (mothballed but still open) company I used for contracting has some cash in it. I don't want to take it out as dividends because it'll attract a sh!t load of tax. All I want to do is borrow some for a while to help pay for stuff on the house.

I remember I paid directors loans in when we were starting the firm, the company paid interest on those and then paid them back when it had sufficient capital. What I want to know is can I take a directors loan out (for personal use) and then pay it back with an agreed rate of base rate linked interest.

I'd rather borrow money from myself than from the bank. I have a feeling the answer is going to be no, but I wondered if anyone here had any experience.

Ta


 
Posted : 08/01/2009 9:37 am
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How about you use the capital to build and 'office' in your house for the company, and then fold it?

I'm sure this is high unethical, etc!


 
Posted : 08/01/2009 9:42 am
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isn't avoiding tax just stealing from everyone ?


 
Posted : 08/01/2009 9:42 am
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I find myself agreeing with Mr. Barnes here.


 
Posted : 08/01/2009 9:45 am
 Alex
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Oh shut up Simon 😉 I could waste my time explaining one of the reasons I stopped running my own company was the insanity of the corporate tax system and the waste within it. But I won't, because you just want to argue and I just want to get on with my life...

I'll bite a little tho. It's not tax avoidance. I know, I WORK for accountants. That's what about 1/4 of the practice does for big firms, gets them out of paying tax so the little guys get screwed.

All I want to do is borrow money I had legitimately made (and paid corporation tax on the profits already!) and then pay it back with interest. No different to borrowing money from the bank and the trousering the interest. So no actual differences in paying tax at all.

Which means Simon, you're not just an argumentative idiot. You're actually just an idiot 😉


 
Posted : 08/01/2009 9:47 am
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[i]You're actually just an idiot[/i]

I'm glad we got that sorted out.


 
Posted : 08/01/2009 9:50 am
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I thought "evasion" was stealing. "Avoidance" is just something that people who can afford accountants do. If it's to pay for fancy new wood floors, then I say go for it Alex. I'm back by the way so drop me a line and we can have a chat and a meet-up.


 
Posted : 08/01/2009 9:57 am
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Yes. The law changed on 1 October 2007. You need shareholder approval (written resolution).


 
Posted : 08/01/2009 10:05 am
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I agree with Simon - avoiding tax is theft and immoral if not illegal


 
Posted : 08/01/2009 10:37 am
 Alex
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Darcy - dropped you a mail last week. Will resend.
OMITN - ta, shall now risk calling bean counter
TJ - well it's a stance of sort but entirely irrelevant to this thread.


 
Posted : 08/01/2009 10:40 am
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Is the OP talking about avoiding tax?

If he takes a loan from his company and pays it back, how has the taxman lost out?

Please explain.


 
Posted : 08/01/2009 10:40 am
 hora
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[i]isn't avoiding tax just stealing from everyone ?[/i]

So is Labour Ministers sending their children to select/private schools.

Whats your point caller?


 
Posted : 08/01/2009 10:40 am
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Avoiding tax may be immoral, but necessarily is not illegal. That's tax evasion.

Anyway, the company, having earned the interest on the money owed by Alex under his legitimately made director's loan, will be liable for corporation tax (subject to the applicable rules).

For once, TJ and SFB, STFU.


 
Posted : 08/01/2009 10:40 am
 Alex
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Is this still STW? I think I just heard "the voice of reason" from more than one poster 🙂


 
Posted : 08/01/2009 10:43 am
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[i]I agree with Simon - avoiding tax is theft and immoral if not illegal [/i]

sadly that makes you an idiot too TJ 🙁


 
Posted : 08/01/2009 10:43 am
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[i]For once, TJ and SFB, STFU. [/i]

could that [b]ever[/b] happen ?


 
Posted : 08/01/2009 10:44 am
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Al
HMRC are clued up on this and will now (I believe) tax the loan as a benefit. I guess you have missed out on taper relief for the Capital Gain

Those of us who take risks with our home, families and finances to create value,jobs and growth thus boosting the economy support the treasury directly and indirectly so never let any ill informed keyboard worrier (sic) guilt you about reducing your tax bill 🙂


 
Posted : 08/01/2009 10:46 am
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Please explain, hora - how exactly is sending children to private schools, so not burdening the state system with them, stealing from everybody?


 
Posted : 08/01/2009 10:48 am
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Maybe TJ and SFB would like to go and start their own "tax avoidance is immoral" thread where they can witter away to their heart's content in a thread to which the subject would at least be relevant.

Since Alex is asking about something that simply relates to corporate governance/corporation law why the hell would you feel the need to pipe up about tax law unless it's the usual case of you two blundering around the forum and stumbling into a thread on a subject you blatantly have no idea about but an all too dense opinion.


 
Posted : 08/01/2009 10:51 am
 Alex
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Dave - well that's not a disaster as Carol is also a Director of the firm so we my be able to use here tax allowance to offset that a little. Yeah I did look at the taper relief but missed the boat there.

I'm not worried about people having a misinformed pop. It's my own fault for posting on a bike forum but ta for your (and everyone elses) support and help.


 
Posted : 08/01/2009 11:08 am
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If you can pay all the loan back to the company within the same financial year, no one (HMRC) need even know!!


 
Posted : 08/01/2009 1:18 pm
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I agree with Simon - avoiding tax is theft and immoral if not illegal

Getting taxed is immoral. Minimising your tax burden is an obligation.


 
Posted : 08/01/2009 1:22 pm
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Getting taxed is immoral

let them eat cake... compassion is for wimps


 
Posted : 08/01/2009 1:26 pm
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If they weren't getting taxed they'd be able to afford their own cake.


 
Posted : 08/01/2009 1:30 pm
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Aracer

You should know not to ask that as Hora was a member of the idiot club long before his comment on this thread 😆


 
Posted : 08/01/2009 1:38 pm
 hora
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[i]Please explain, hora - how exactly is sending children to private schools, so not burdening the state system with them, stealing from everybody?[/i]

I'm convinced that certain Ministers have been able to offset the cost of such schooling against the tax they pay..


 
Posted : 08/01/2009 1:40 pm
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"If you can pay all the loan back to the company within the same financial year, no one (HMRC) need even know!! "

If you get inspected they will as they are able to ask for all bank statements from company and personal accounts. They can then see payments between the two and make their own mind up. You could try cash but money laundering regs. probably require an audit trail at the bank for large amounts so they will have your signature.


 
Posted : 08/01/2009 1:49 pm
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"hora - Member

Please explain, hora - how exactly is sending children to private schools, so not burdening the state system with them, stealing from everybody?

I'm convinced that certain Ministers have been able to offset the cost of such schooling against the tax they pay.. "

Really? How? School fees are not tax deductible IIRC


 
Posted : 08/01/2009 1:51 pm
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Those of us who take risks with our home, families and finances to create value,jobs and growth thus boosting the economy

& there was me thinking you did it to make money for yourself when all the time it was a wholly altruistic act on you part - I apologise 😉

BTW - avoid as much tax as you can
You could argue that choosing a company cay with low CO2 emissions is tax avoidance


 
Posted : 08/01/2009 2:31 pm
 aP
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hora - a bit like this Tory MP then?

[img] [/img]


 
Posted : 08/01/2009 2:46 pm
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& there was me thinking you did it to make money for yourself when all the time it was a wholly altruistic act on you part - I apologise [:wink:]

That as well, truth is 75% fail and don't make anything so risk/reward is high.


 
Posted : 08/01/2009 4:46 pm