The Book-keepers Forum (BKF)

Post Info TOPIC: Loan from family member


Veteran Member

Status: Offline
Posts: 50
Date:
Loan from family member
Permalink Closed


Hello

I have a client who is wanting to take on a loan from a family member in order to do a course at University.

How should this be treated?

Could it be claimed as a legitimate expense?

Could it be used as taxable benefit?

Is it notjust taking a loan from a bank? Will the family member be classed as a legitimate Creditor?

Cheers

Rob



__________________
Rob Wilde


Forum Moderator & Expert

Status: Offline
Posts: 11981
Date:
Permalink Closed

Hi Rob,

it's not a legitimate loan for business purposes so there's no treatment of this as an expense of the business.

Appreciate that's the opposit to what your client is looking to hear but try to get them to see it in logical terms. Why would HMRC want to sponsor your clients family member to go to university as that basically is the premise of this.

HTH,

Shaun.


__________________

Shaun

Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.



Veteran Member

Status: Offline
Posts: 50
Date:
Permalink Closed

Cheers Shamus

You say it is not " a legitimate loan for business purposes".

I will give a little more information.

The client is a handyman, and he says he has to go to Uni to do a plumbing course, which will lead to a qualification to become CORGI registered, and obviously he can do more work.

Cannot this be classed as Staff Training?

How is this any different to borrowing the money from a bank?

Rob



__________________
Rob Wilde


Forum Moderator & Expert

Status: Offline
Posts: 11981
Date:
Permalink Closed

Geez, Uni's have gone down a bit since my day! Plumbing courses at Uni!!! lol

That aside, looking purely at the logic of the scenario the picture has now changed slightly from being a uni course for a family member to a necessary (?) course for themself for a business that is already trading???

If the course is required for the continuence of the business (not the starting of a new one) then it would be an allowable expense (see other posts on here discussing similar scenarios). However, the question goes deeper than that into where the money is coming from which makes me assume that the client is expected to pay interest on this loan.

Qualification for tax relief of a legitimate loan for business purposes would be covered under helpsheet 340 (#1) but the purpose of the loan we're talking about here doesn't seem to be covered by that so I would say that the loan would be personal to the director (outside the business) who would then introduce the money to the company via the directors loan account and payment for the course would be made from that (again, if this is a legitimate business expense which to be honest I'm not yet convinced of).

This arrangement assumes that the company pays no interest on the loan. Interest paid on the directors loan account requires the completion of form CT61 which can neither be downloaded or ordered online but must be ordered from the accounts office at shipley.

As mentioned above, the legitimacy of the course is a whole different matter that we've debated a few times on here (normally in relation to the expense of bookkeeping courses).

The recipient of the interest will also have a tax liability arising from the interest received under the arrangement (so another potential opportunity for your services there!)..

As always my answers are given from a limited company perspective.

kind regards,

Shaun.

#1 http://www.hmrc.gov.uk/helpsheets/hs340.pdf

__________________

Shaun

Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.



Expert

Status: Offline
Posts: 2256
Date:
Permalink Closed

Hi

He may be wasting his money to get a GORGI qualification, as that is no longer the required qualification for gas instillation.

It may also be the case that although it is a legitimate business expense, this type of training cost may be a capital expense, as it is the proprietor gaining the qualification, and therefore not deductible against tax

Have a look at BIM47080, and see what you think

http://www.hmrc.gov.uk/manuals/bimmanual/BIM47080.htm

As Shaun ays, the treatment may be different if it is a LTD co.

Bill

Edited to add the bit about tax deductible



-- Edited by Wella on Wednesday 7th of March 2012 03:53:56 PM

__________________

 

 

Page 1 of 1  sorted by
 
Quick Reply

Please log in to post quick replies.

Tweet this page Post to Digg Post to Del.icio.us
Members Login
Username 
 
Password 
    Remember Me  
©2007-2024 The Book-keepers Forum (BKF). All Rights Reserved. The Book-keepers Forum (BKF) is a trading division of Bookcert Ltd. Registered in England Company Number 05782923. 2 Laurel House, 1 Station Rd, Worle, Weston-super-Mare, North Somerset, BS22 6AR, United Kingdom. The Book-keepers Forum and BKF are trademarks of Bookcert Ltd. This forum is a discussion forum only. There will usually be more than one opinion to any question and any posting should not be viewed as a definitive solution. No responsibility for loss occasioned to any person acting or refraining from action as a result of any posting on this site is accepted by the contributors or The Book-keepers Forum. In all cases, appropriate professional advice should be sought before making a decision. We reserve the right to remove any postings which are offensive, libellous, self-promoting or engaged in covert marketing. We will not notify users of removals. The views expressed in the forum posts are those of the individual and do not necessary reflect or agree with those of The Book-keepers Forum. Any offensive or unsuitable posts will be removed by the moderators. Any reader of this forum can request for a post to be looked into by sending an email to: bookcertltd@gmail.com.

Privacy & Cookie Policy  About