Lending to a relative - avoiding the tax trap
Your daughter needs financial help to get her company started. You’ve agreed that your company will lend her the money. Your accountant says that this will trigger a tax charge. What is the charge and how can you legitimately dodge it?
Bank of Mum and Dad
In recent years parents are often asked for extra financial help by their children, say to provide a deposit on their first home or to start a business. There can be tax ramifications where the money is provided as a loan on which interest is payable but these are relatively straightforward and we’ll look at them in a separate article. But what if the financial help comes from the parent’s company rather than them personally?
Loans to participators
If a close company (broadly, one that’s owned or controlled by five or fewer individuals) lends money to a participator, typically a shareholder, it can result in a tax bill for the lending company.
The charge only applies if the debt is not repaid within nine months following the end of the accounting period in which the loan was made.
How much tax?
The tax is equal to 33.75% of the debt still owing at the end of the nine-month period. This tax, commonly referred to as a “ s.455 charge ”, will be refunded by HMRC nine months after the end of the accounting period in which the debt is cleared.
The trouble is that a long-term loan such as that envisaged in our scenario leaves the lending company out of pocket for a correspondingly long time.
The s.455 charge not only applies to loans to a participator but also to an “associate” of a participator, e.g. a relative.
Taxing relatives
In context of this scenario, the loan, which will almost certainly be a long-term one, would result in her parent’s company, assuming it’s a close company, having to bear the burden of a s.455 charge. The good news is the charge can be easily avoided.
If the parent’s company makes the loan not to the daughter but to the daughter’s company, the s.455 charge won’t apply because the companies are not associated.
Anti-avoidance rule
While a loan between close companies that aren’t associated with each other won’t directly trigger a s.455 charge, an anti-avoidance rule would come into play to impose a charge if, in our scenario, the daughter borrows money from her company. The rules exist to prevent indirect loans escaping the s.455 charge.
The anti-avoidance rule isn’t triggered if the daughter takes money from her company, funded by the loan from her parent’s company, that counts as taxable income. For example, a salary, dividend or benefit in kind.
Related News
-
Can you beat the bonus tax trap?
A fellow director has asked whether his bonus payment can be delayed until after 5 April 2026 to reduce his personal tax bill. Does his plan work and, if so, how does it impact the company’s tax position?
-
HMRC publishes penalty guidance for MTD IT
HMRC has published guidance on how penalties will apply under Making Tax Digital for Income Tax (MTD IT). With mandation approaching from April 2026, what do you need to know about the new regime?
-
Company car calculator
Want to know the amount of the benefit you will be taxed on by taking a company car? Easily work that out with our tool, you can even see what difference making a contribution to the cost of the car will have.

This website uses both its own and third-party cookies to analyze our services and navigation on our website in order to improve its contents (analytical purposes: measure visits and sources of web traffic). The legal basis is the consent of the user, except in the case of basic cookies, which are essential to navigate this website.