Question

What is the Section 455 tax charge on an overdrawn director's loan?

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Hi everyone, I'm after some plain-English help with something my accountant flagged.

My company's year end has just passed and my director's loan account is overdrawn, because I took out extra money over the year to cover some personal costs and a home office refit. She mentioned something called a 'section 455' tax charge that the company might have to pay on it.

Could someone explain what this charge actually is, what rate it applies at, and when it has to be paid? Most importantly, does the company get the money back once I repay the loan? I'd rather sort this properly now than face a surprise bill later.

Thanks in advance!

 

 

 

1 Answer

The section 455 charge is HMRC's way of stopping directors from taking cheap, tax-free loans from their own companies instead of salary or dividends. If your director's loan account is overdrawn at the company's year end and you don't repay it within 9 months and 1 day of that year end, the company pays a 33.75% tax charge on the outstanding balance. That charge falls due at the same time as the company's Corporation Tax bill for the period — it's reported on the CT600, not paid through your Self Assessment. The good news is it's temporary, not a permanent tax: once you repay the loan (or it is written off or released), the company can reclaim the s455 tax. The reclaim isn't instant, though — relief is given 9 months after the end of the accounting period in which the repayment happens, so cash flow planning matters. Also watch out: while the loan stays outstanding, there can be a personal benefit-in-kind charge on you as the director on top.

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