Where a loan is repaid to the close company or the close company releases or writes off the debt, special rules apply, as follows.
Repayment of the loan
If the loan/advance is subsequently repaid after the corporation tax return has been filed, any tax previously paid by the company in respect of the loan, or a proportionate part, will be refunded back to the company1. This is the case even where the loan is repaid after the company has been declared insolvent2.
Example 1
Axel Ltd, a close company, makes a loan of £40,000 to Mr A, a participator, on 30 September 2019. Mr A repays the loan as follows:
30 September 2020 – Mr A repays £20,000
30 September 2021 – He repays a further £10,000
30 September 2022 – He repays the remaining £10,000
Axel Ltd has a 31 December accounting date. Under CTA 2010, s 455, it must pay £6,500 tax (32.5% of £20,000, being the upper dividend rate for the tax year in which
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