Widening of Qualifying Loan Interest Tax Relief Rules

Entrepreneur startup business model

Often when you start a business you will need to borrow money personally to lend to your new company or buy shares.

You might borrow by increasing your mortgage.

You may be entitled to claim tax relief for interest paid on a loan or alternative finance arrangement used to buy:

  • shares in, or to fund, a ‘close’ company (contact your HM Revenue & Customs (HMRC) office if you are not sure if the company is ‘close’)
  • an interest in, or to fund, a partnership
  • plant or machinery for your work (but make sure you do not claim this interest twice, you will do if you have already deducted it as a business expense)

If you receive a low-interest or interest free loan from your employer for one of the above purposes you may be able to claim relief for any benefit taxable on you.

This is called ‘Qualifying loan interest relief’, HMRC have a helpsheet which gives further details HS340

In the 2014 Budget Qualifying loan interest relief was changed to include EEA state companies

steve@bicknells.net

 

5 Key Tests the employer must pass to borrow from a Pension Scheme

Pension concept
There are five key tests that a loan from a Pension Scheme must satisfy to qualify as an authorised employer loan. If a loan fails to meet one or more of these tests an unauthorised payment charge will apply.

The five key tests are

  • security
  • interest rates
  • term of loan
  • maximum amount of loan and
  • repayment terms.

Security [S179, Sch 30]

If a registered pension scheme makes a loan to an employer the amount of the loan must be secured throughout the full term as a first charge on any asset either owned by the sponsoring employer, or some other person, which is of at least equal value to the face value of the loan including interest.

If the asset used as security is taxable property then there may be additional tax charges under the taxable property provisions if the registered pension scheme is an investment regulated pension scheme.

Taxable property consists of residential property and most tangible moveable assets. Residential property can be in the UK or elsewhere and is a building or structure, including associated land, that is used or suitable for use as a dwelling. Tangible moveable property are things that you can touch and move. It includes assets such as art, antiques, jewellery, fine wine, classic cars and yachts.

Interest Rates [S179, Sch 30]

All loans made by registered pension schemes to employers must charge interest at least equivalent to the rate specified in The Registered Pension Schemes (Prescribed Interest Rates for Authorised Employer Loans) Regulations 2005 (SI 2005/3449). This is to ensure that a commercial rate of interest is applied to the loan.

The minimum interest rate a scheme may charge is calculated by reference to 1% above the average of the base lending rates of the following 6 leading high street banks:

  • The Bank of Scotland
  • Barclays Bank plc
  • HSBC plc
  • Lloyds TSB plc
  • National Westminster plc and
  • The Royal Bank of Scotland plc.

The average rate calculated should be rounded up as necessary to the nearest multiple of ¼%.

Term of Loan [S179, Sch 30]

The repayment period of the loan must not be longer than 5 years from the date the loan was advanced. The total amount owing (including interest) must be repaid by the loan repayment date.

Maximum Amount of Loan [S179, Sch 30]

Section 179 (1)(a) of Finance Act 2004 restricts the amount of a loan which can be made to a sponsoring employer to 50% of the aggregate of the amount of the cash sums held and the net market value of the assets of the registered pension scheme valued immediately before the loan is made. These restrictions are necessary because although such loans provide a useful source of business funding, there may be liquidity problems for the scheme if there is a sudden requirement to provide scheme benefits. It may also not be prudent to lend scheme funds to one company.

Repayment Terms [S179, Sch 30]

All loans to employers must be repaid in equal instalments of capital and interest for each complete year of the loan, beginning on the date that the loan is made and ending on the last day of the following 12 month period – known as a loan year.

Often Land and Commercial Property are used as the security for Pension Scheme loans but the problem is having first charge over the asset!

steve@bicknells.net

Would you borrow from PayPal?

Bank loan

The PayPal Working Capital fund will be trialled in the UK this autumn, with a more extensive rollout scheduled for 2015. Merchants (including eBay sellers) will be able to repay their advance with a share of their PayPal sales via card payments.

PayPal Working Capital is a loan of a fixed amount, with a single fixed fee. There are no due dates, minimum monthly payments, periodic interest charges, late fees, pre-payment fees, penalty fees, or any other fees. When you apply, simply select the amount you want — up to the maximum you qualify for. You choose the percentage of your sales that will be deducted from your PayPal account. (Deductions are made the day following each day of sales.) You’ll pay this percentage of your sales until your balance is repaid in full. You only make payments when you get paid.

PayPal Working Capital state that Working Capital offers major advantages compared with traditional ways of funding a business:

Funding in minutes – PayPal’s strong relationship with its business customers means we can approve an advance based on their PayPal sales history. This means the customer completes a quick online application – there’s no need to spend hours gathering information about their business. And PayPal can make a decision and provide the funds in minutes.

Pay when you get paid – Unlike traditional bank loans, PayPal Working Capital allows a business to repay the advance with a share of their PayPal sales. If they have a day without any PayPal sales that’s fine – they don’t repay anything that day.

No credit check – PayPal Working Capital is a merchant cash advance against future sales – it’s not a loan – so no credit checks are needed and the advance does not impact on the customer’s business or personal credit record. There is a single, fixed fee that is displayed to the customer before they sign up. There are no interest charges or late payment fees.

Is this something your business will be able to use? or want to use?

steve@bicknells.net

 

 

 

How do you split capital and interest on finance agreements? Sum-of-digits

Interest Rate

From a business perspective it makes sense to spread the cost of purchasing assets rather than using up working capital and putting pressure on your cash flow. The Matching of Revenue and Expenditure is a fundamental accounting concept.

Assets such as vehicles are often financed over 3 years, generally, the monthly payments are a fixed amount, but when the payments are posted to the Accounts, Capital needs to be posted against the Loan Balance on the Balance Sheet and Interest needs to be posted to the Profit & Loss.

There are basically two methods to calculate the split:

Simple Interest

Interest is calculated on the balance outstanding as follows Balance x Interest Rate/12 months

Here is a link to a Microsoft Template for Simple Interest

http://office.microsoft.com/en-us/templates/loan-calculator-TC006206287.aspx

Investopedia says:

The standard loan is called “simple interest”. You borrow some money and at the end of the period you pay it back plus interest. For longer term loans, you make periodic payments. With some consumer loans, especially with auto loans, you may encounter a different type of loan which mentions the “Rule of 78”. It is a different way of deciding how much of each monthly payment is interest and how much is principal.

Read more: http://www.investopedia.com/terms/r/ruleof78.asp#ixzz2ILaSYgS0

Sum of Digits (Rule of 78’s)

The sum of digits method uses the formula:

(n x (n+1))/2

Sum-of-the-digits method, also know as the Rule of 78s is a term used in lending that refers to a method of yearly interest calculation. The name comes from the total number of months’ interest that is being calculated in a year (the first month is 1 month’s interest, whereas the second month contains 2 months’ interest, etc.). This is an accurate interest model only based on the assumption that the borrower pays only the amount due each month. If the borrower pays off the loan early, this method maximizes the amount paid by applying funds to interest before principal.

A simple fraction (as with 12/78) consists of a numerator (the top number, 12 in the example) and a denominator (the bottom number, 78 in the example). The denominator of a Rule of 78 loan is the sum of the digits, the sum of the number of monthly payments in the loan. For a 12 month loan, the sum of numbers from 1 to 12 is 78 (1 + 2 + 3 + . . . +12 = 78). For a 24 month loan, the denominator is 300. The sum of the numbers from 1 to n is given by the equation n * (n+1) / 2. If n were 24, the sum of the numbers from 1 to 24 is 24 * (24+1) / 2 = 12 x 25 = 300, which is the loan’s denominator, D.

http://en.wikipedia.org/wiki/Rule_of_78s

I have created a template for the Sum-of-digits method and you can download it using this link

https://docs.google.com/spreadsheet/pub?key=0AiOJESd6TK4ddFd1cHkweDZwSVk1b1M2OHJXdDlRNXc&output=xls

Comparison

If you take the following example:

Asset cost £18,000

Deposit £1,800

Loan £16,200

Repayments 36 x £500

Interest Rate 6.9718%

The total interest charged over 3 years is the same £1,800 but the monthly interest is different, simple interest for month 1 = £94.12 but using sum-of-digits its £97.30. This means that with the sum of digits method the balance due for early repayment will be higher.

steve@bicknells.net

How can you improve your business credit rating?

Credit report score rating

Having a good credit score is essential in the current economic climate, your credit score will be checked by Customers, Suppliers and Banks/Lenders, so how can you improve your score?

1. Pay your bills on time – many credit rating agencies (Dun & Bradstreet, Creditsafe, Risk disk to name a few) now collect payment data from your suppliers every month and update your score, often showing days beyond terms (DBT), if you have a dispute with a supplier try to resolve it quickly as it could affect your credit score.

2. Don’t make multiple applications for credit – credit searches by lenders leave footprints on your credit file and could make it look like you have cash flow problems.

3. File your accounts on time – late filing can really hurt your credit score, sometimes it can reduce your score by 50%.

4. Avoid CCJ’s – Getting a judgement against your business even for a small value is extremely damaging to your score.

5. Retain Profit – this increases net worth and shows you are investing in your business.

6. Record Borrowing Terms – in your published accounts and notes makesure you explain the terms and split the loan between short and long term, if all your loans are shown as short term this will damage your score because it will impact on working capital.

7. Review Share Capital – if you have directors loans that you have made to the business and you aren’t expecting repayment in the near future convert them to Share Capital, this will increase net worth.

8. Keep Credit Card Balances below 30% – Its bad for your credit score to max out your business credit card and its also bad to have too many business credit cards, it makes your business appear desparate for cash.

9. Avoid Negative Net Worth – it can wipe out your score.

10. Fix any mistakes – if a credit score is wrong and contains errors speak to the credit agency and get it fixed.

Do you have any tips to share?

steve@bicknells.net

Help for SME’s – National Loan Guarantee Scheme

On the 5th April 2012 the new National Loan Guarantee Scheme will be launched. So what is it and how does it work?

The Government will guarantee £20Bn of banks debt, enabling the banks to access cheaper funding in the money market.
RBS/NWB anticipates £6Bn allocation.Santander has signed up, HSBC have declined.
This has been made possible by  Government reducing the Asset Purchase Facility from £40Bn to £10Bn.
This is a contingent liability for the Government.
There is a two year window, and the banks will pay a fee for the guarantee.

The purpose is that the bank passes on the saving to eligible customers.
The savings are up to 1% off the APC (asset price calculator).

Banks will retain full credit risk of the client facilities.

Eligiblity: SME’s with turnover up to £50m
New loans, hire purchase and leasing including refinance of Over Draft’s and refinance loans. Purchase of owner occupier property is eligible.

Ineligible: loans to property investors, property developers and those that have restrictions in state aid set out in specific European Commission State Aid rules (e.g. agriculture, transport and export).

OD’s, Revolving loans and Invoice Discounting are not eligible.

The borrower must be advised if banks use the scheme on their facility.

Loans up £25k to £250k must be repayable on 3, 5 or 10 year terms.

steve@bicknells.net

Is cashflow killing your business?

Many small businesses are suffering slower and slower customer payment as highlighted in this link

http://www.usatoday.com/money/smallbusiness/2011-07-12-small-business-late-payments_n.htm

Lack of cashflow is the main reason for business failure.

Bartercard can help because they can provide an interest fee credit facility to buy goods and services from their members, Bartercard have 4000 UK business members including solicitors and debt collectors (which can help collect your cash)

Contact me for more details steve.bicknell@uk.bartercard.net

Increased Sales without discounting, guaranteed!

The reason most businesses join bartercard is to increase their sales. Isn’t that what everyone wants? it’s why we go networking, why we advertise and its generally the reason we went into business in the first place – because we thought we could earn more (by selling more) than working for someone else.

When you barter using bartercard you swap your services at their full value, there are many discount schemes now being promoted, they generally get you to heavily discount your product/service and charge you a fee on top. The theory being that the new clients who use the discount scheme will want to come back and pay full price, it could work, but I suspect many people just take the special offers.

Bartercard now have 75,000 worldwide members, so there are plenty of businesses to swap with and Bartercard give a guarantee that they will get sales for your business. So if you want more sales, why not give it a go?

steve@bicknells.net