Director Loan Account

Quick Guide To Overdrawn Director’s Loan Accounts

What is Director Loan Account?

A director’s loan account (DLA) is merely a record of transactions between the director and the firm itself that aren’t related to the director’s regular income or dividends.

Director’s loan accounts often consist of two types of transactions: (i) cash withdrawals from the firm as a director, and (ii) personal costs paid with company funds or a credit card.

How Overdrawn In Director’s Loan Accounts?

The loan account becomes overdrawn when a director withdraws more money from the business than they put back in. Because of the liability incurred, the director’s loan account is effectively classified as a corporate asset.

What Causes a Directors Loan Account to Become Overdrawn?

If a big debt is paid to a director and then written off as a ‘bonus’ or ‘dividend’ before the company’s insolvency, the director may be put in jeopardy. There may be valid accusations against the director for preferential treatment, undervalued deals, or general wrongdoing.

The overdrawn director’s loan accounts mainly appear normal at the first stage, until something goes wrong with the cash flow and the company runs into financial difficulties. The business may not be as profitable as it once was, or it may have to close due to unforeseen circumstances. 

Is it Possible to Write Off a Director’s Loan?

If the director is also a participator, a ‘close company’ may be able to write off a director’s loan.

The director’s loan must be recognized as a profit distribution in this case. The outstanding amount must be taxed as employment income if the loan recipient is not a participant. The director would then be responsible for including this information in the ‘additional information’ part of his or her tax return.

There are reasonable reasons in some situations to be able to lessen any personal liabilities from a director’s loan, such as mileage, assets purchased for the company using personal funds, and other expenses.

During The Liquidation Process, There May Be Overdrafts On Director Loans

Although almost 70% of all directors in the UK have loaned their company money at some point, if you are unable to repay the debt and the company goes bankrupt, major problems can occur.

At this point, you should immediately cease trading and seek expert insolvency assistance.

The overdrawn directors’ loan becomes an asset in liquidation, and the insolvency practitioner has to endeavour to recover it on behalf of the company’s creditors.

How does the bankruptcy practitioner get the money back from the overdraft?

If your loan account is still open at the time of liquidation, the liquidator will try to collect it for the creditors’ benefit. The liquidator will need to bring the company’s books and records up to date, as well as determine how much money was taken out in dividends, salary, or as a loan. The liquidator will need to assess your financial situation. This could include the value of your marital house or any other assets you have.

Points to Remember About Director’s Loans 

  • If your company isn’t profitable, you shouldn’t be receiving dividends.
  • You must avoid taking profits if your firm is insolvent, as this will contribute to any current overdrawn director’s loan account.
  • If your company is being pushed into liquidation and you have an overdrawn director’s loan account, please contact professionals as soon as possible for real and right guidance.

Still thinking, do you have to pay back the loan? 

Yes, you have to, as director overdrawn loan accounts that are not repaid within nine months of the company’s year-end may have tax or interest repercussions. Therefore it is best if the director’s loan account is debit always.

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