Mortgage borrowing and Qualifying Loan Interest

Mortgage borrowing and Qualifying Loan Interest

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I know you can borrow from an offset mortgage and invest in EIS and still qualify for Qualifying Loan Interest. However, a client is asking me this;

We need to inject £30k into the company, £6k will have to be share capital (that's the minimum share capital for £30k injection) and the remaining £24k as a loan to the company. I know you can borrow personally and use the funds in a company. We borrowed £182k from Santander in January 2018 as part of our mortgage and although the funds were directed to the house purchase (as a mortgage does) we have always seen this as borrowing that we would eventually use for the new company, i.e. we deliberately borrowed instead of using our £30k cash reserve in order to finance the company. Do you think this qualifies given that it isn't a direct borrowing.

Thanks

 

Replies (9)

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paddle steamer
By DJKL
17th Jul 2018 12:10

No

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Portia profile image
By Portia Nina Levin
17th Jul 2018 12:25

The answer to your client's question should include the phrases "you moron" AND "why the fuhc didn't you ask BEFORE you did this".

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By taxiboy
17th Jul 2018 13:13

Why not just out of interest,

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Replying to taxiboy:
Portia profile image
By Portia Nina Levin
17th Jul 2018 13:21

The money borrowed needs to be USED (directly) for the purpose for which it is borrowed to qualify for relief under s 383.

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Replying to Portia Nina Levin:
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By Tax Dragon
17th Jul 2018 16:39

S385(2) is pretty explicit on this and, if that wasn't enough, ss3 could not be clearer.

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Replying to Portia Nina Levin:
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By taxiboy
17th Jul 2018 18:55

I can think of one viable alternative which is to take out a personal loan specifically for this, rates are competitive at 2.9% vs business loans of double digit. However, in order to get the rate you've got to use the funds to go on holiday/consolidate or buy a car. Anything else i would imagine the rate increasing. How would one get round this? Thanks

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Replying to taxiboy:
ALISK
By atleastisoundknowledgable...
18th Jul 2018 08:04

“in order to get the rate you've got to use the funds to go on holiday/consolidate or buy a car.“

Well that’s not borrowing directly for the business purpose, is it?

It’ll only claw some back, but why don’t the (I presume) H + W each loan £12k & charge interest to the company. They won’t be able to deduct the mortgage interest paid, but if you get the figures right based on their other income, they’ll (potentially) pay no/little personal tax whilst getting CT relief.

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Replying to taxiboy:
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By taxiboy
18th Jul 2018 10:02

Thank you, so under the personal savings allowance of £1k given they are both BRT. So it could be done as £12k loan each with say 5% interest only over 10 year period = £600 interest pay year.

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Replying to taxiboy:
ALISK
By atleastisoundknowledgable...
18th Jul 2018 12:12

If they have a £1k allowance each, then charge the co interest of 8% = £960pa each

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