Refused personal loan?!

Refused personal loan?!

Author
Discussion

cragswinter

Original Poster:

21,429 posts

202 months

Friday 11th June 2010
quotequote all
Computer said no!
Director of a company so obviously companies are only taking into my annual sallery,around 5 grand per annum rather than any dividends.
The bank that refused the aplication was Hsbc who I both personally bank with & hold the business account with. They've suggested setting up a regular dividend so their computer can see a higher monthly income & trying again in another few months-it's all a bit frustrating!
Anyone know of any good companies out there who can help?

Eric Mc

122,688 posts

271 months

Friday 11th June 2010
quotequote all
Watch out with "Regular Dividends".

If they become too frequent (e.g. - monthly), HMRC CAN use this to argue that the payments are in fact, salary, and they COULD force you to recalculate the PAYE and NI that should have been calculated on the payment amounts.

michael gould

5,692 posts

247 months

Friday 11th June 2010
quotequote all
Eric Mc said:
Watch out with "Regular Dividends".

If they become too frequent (e.g. - monthly), HMRC CAN use this to argue that the payments are in fact, salary, and they COULD force you to recalculate the PAYE and NI that should have been calculated on the payment amounts.
but regular dividends are directors loans until the dividends have been voted arnt they?....I know loans to directors are subject to 286 tax or whatever its called these days

cragswinter

Original Poster:

21,429 posts

202 months

Friday 11th June 2010
quotequote all
Well the idea would be to put them through for 2 or 3 months to get the computer says yes effect then stop them,though hopefully if I can find a lender it won't be necessary.I'd rather not have to resort to borrowing on the mortgage in the short term.

Eric Mc

122,688 posts

271 months

Friday 11th June 2010
quotequote all
michael gould said:
Eric Mc said:
Watch out with "Regular Dividends".

If they become too frequent (e.g. - monthly), HMRC CAN use this to argue that the payments are in fact, salary, and they COULD force you to recalculate the PAYE and NI that should have been calculated on the payment amounts.
but regular dividends are directors loans until the dividends have been voted arnt they?....I know loans to directors are subject to 286 tax or whatever its called these days
If only it were so simple.

Legally, dividends are a distribution of profits.

For HMRC to accept that a dividend is genuinely a dividend and not an illegal advance to a director or a net salary payment, the company should ensure that it has taken all necessary steps to show that it applied the right criteria and procedures to establish that the payment is indeed a genuine dividend

It should produce an interim set of accounts

It should hold a meeting of the directors

It should minute that meeting, particularly the decision to pay a dividend

It should file those minutes

It should produce a dividend voucher supporting the dividend payment

Of couse, in reality, many companies fail to carry out some or all of the above steps so they are actually in a weak position to defend the fact that they consider the payments to be dividends.

Merely waiting until the accountant is finalising the accounts and tidying up the overdrawn directors' loan accounts is not the best way to go about things.

Overdrawn directors Loan balances are subject to Section 419 Corporation Tax and possibly a Benefit in Kind charge on the director(s).

michael gould

5,692 posts

247 months

Friday 11th June 2010
quotequote all
Eric Mc said:
michael gould said:
Eric Mc said:
Watch out with "Regular Dividends".

If they become too frequent (e.g. - monthly), HMRC CAN use this to argue that the payments are in fact, salary, and they COULD force you to recalculate the PAYE and NI that should have been calculated on the payment amounts.
but regular dividends are directors loans until the dividends have been voted arnt they?....I know loans to directors are subject to 286 tax or whatever its called these days
If only it were so simple.

Legally, dividends are a distribution of profits.

For HMRC to accept that a dividend is genuinely a dividend and not an illegal advance to a director or a net salary payment, the company should ensure that it has taken all necessary steps to show that it applied the right criteria and procedures to establish that the payment is indeed a genuine dividend

It should produce an interim set of accounts

It should hold a meeting of the directors

It should minute that meeting, particularly the decision to pay a dividend

It should file those minutes

It should produce a dividend voucher supporting the dividend payment

Of couse, in reality, many companies fail to carry out some or all of the above steps so they are actually in a weak position to defend the fact that they consider the payments to be dividends.

Merely waiting until the accountant is finalising the accounts and tidying up the overdrawn directors' loan accounts is not the best way to go about things.

Overdrawn directors Loan balances are subject to Section 419 Corporation Tax and possibly a Benefit in Kind charge on the director(s).
very good advise.........my accountant would have charged me £300 for it...i will clean up my act on this subject

V8mate

45,899 posts

195 months

Friday 11th June 2010
quotequote all
Eric Mc said:
michael gould said:
Eric Mc said:
Watch out with "Regular Dividends".

If they become too frequent (e.g. - monthly), HMRC CAN use this to argue that the payments are in fact, salary, and they COULD force you to recalculate the PAYE and NI that should have been calculated on the payment amounts.
but regular dividends are directors loans until the dividends have been voted arnt they?....I know loans to directors are subject to 286 tax or whatever its called these days
If only it were so simple.

Legally, dividends are a distribution of profits.

For HMRC to accept that a dividend is genuinely a dividend and not an illegal advance to a director or a net salary payment, the company should ensure that it has taken all necessary steps to show that it applied the right criteria and procedures to establish that the payment is indeed a genuine dividend

It should produce an interim set of accounts

It should hold a meeting of the directors

It should minute that meeting, particularly the decision to pay a dividend

It should file those minutes

It should produce a dividend voucher supporting the dividend payment

Of couse, in reality, many companies fail to carry out some or all of the above steps so they are actually in a weak position to defend the fact that they consider the payments to be dividends.

Merely waiting until the accountant is finalising the accounts and tidying up the overdrawn directors' loan accounts is not the best way to go about things.

Overdrawn directors Loan balances are subject to Section 419 Corporation Tax and possibly a Benefit in Kind charge on the director(s).
Yep. My accountant said that as he did all of my book-keeping and accounts within his practice/accounting system, he could demonstrate every quarter that the company was profitable and that this should be sufficient to keep HMRC happy about payments of interim dividends should they pop in to cast an eye over the books.

Eric Mc

122,688 posts

271 months

Friday 11th June 2010
quotequote all
That's the way to do it. Even though I mentioned "Interim Accounts", even a rudimentary review of the company's profitability on at least a quarterly basis would be sufficient to satisfy HMRC - provided evidence of the review is kept on file.

thepeoplespal

1,662 posts

283 months

Tuesday 15th June 2010
quotequote all
cragswinter said:
Computer said no!
Director of a company so obviously companies are only taking into my annual sallery,around 5 grand per annum rather than any dividends.
The bank that refused the aplication was Hsbc who I both personally bank with & hold the business account with. They've suggested setting up a regular dividend so their computer can see a higher monthly income & trying again in another few months-it's all a bit frustrating!
Anyone know of any good companies out there who can help?
(Devils advocate mode on)
Guess you have to take the rough with the smooth with you only earning £5k a year.

I can see why HMRC cut up rough with this sort of thing, personally I would not have the brass neck to claim so little as an annual salary that you couldn't even attempt to live on it.

(Devils advocate mode off)

Fair play to you for playing the system, but to my mind you are effectively putting a sign on your back saying to anyone in the HMRC to "investigate me & make my life a misery".

Maybe I'm wrong and everyone claims the same size of salary, please tell me I'm right though surely?

V8mate

45,899 posts

195 months

Tuesday 15th June 2010
quotequote all
I take £1,000 per month as salary, though most contractors I know seem to take less. It's not worth the aggro for a few quid.