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Loans to participators

Produced by a Tolley Owner-Managed Businesses expert
Owner-Managed Businesses
Guidance

Loans to participators

Produced by a Tolley Owner-Managed Businesses expert
Owner-Managed Businesses
Guidance
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This guidance note deals with the rules regarding payment of tax, and making claims for repayment of tax on loans to participators.

For a summary of other tax implications of close company status, see the Close companies ― overview guidance note.

Making of loans to participators

For loans or advances made by a close company, a tax charge of 33.75% will apply if the loan was made otherwise than in the ordinary course of a business carried on by it, which includes the lending of money to any of the following:

  1. β€’

    a person who is a β€˜participator’ in the company or is an β€˜associate’ of a participator

  2. β€’

    a trust in which a participator or their associate is trustee or potential beneficiary, or

  3. β€’

    an LLP or other partnership whose membership includes a participator or their associate ― this will catch, for instance, genuine commercial structures such as loans from related close companies to property development LLPs to fund new developments

CTA 2010, s 455

β€˜Participator’ is defined in the Definition of a close company guidance

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