2 years ago I was involved in an unsuccessful company that I loaned approx £100,000 to, sourced from a sale of shares (my unofficial pension) and savings. The shares were not in the failed company in question. I sold the stock at very unfavourable prices as I neded to support the new company. At Tax form time my adviser told me that none of this could be offset against my personal tax bill and I also had to pay the CGT on the share sale. Is there any way I can improve this situation?
Province/Country relating to question: UK
If you can let me have the following information I'll try to give you some advice:1 In which tax year did you sell the shares on which you had to pay CGT?2 In which tax year did you lend the company that subsequently failed £100,000?3 In which tax year did the company that you lent £100,000 to go into liquidation?4 Did the loan remain as a loan or was it converted into shares?Tony40181.7887362616
Thanks for your reply.
1. Shares were sold in 06/07 and 07/08
2. £100k lent in 2007
3. Company not liquidated, it was being struck off the register but HMRC disputed due to outstanding PAYE and NIC and currently in limbo
4. Loan was not converted into shares
Hope this helps
Thanks.Is the company no longer trading although it hasn't been wound up? Are or were you a director? Do you or did you own any shares in the company and, if so, what percentage of the share capital did you own?
Yes, the company is no longer trading following an expensive but failed cash-raise but has not been wound up. I was a director and held 55% of the shares. It has no assets.
Thanks.Unfortunately, you cannot claim tax relief for the loss on the loan to the company against your other income. However, you can claim a capital loss under Section 253 Taxation of Chargeable Gains Act 1992 but this loss can only be offset against capital gains. If you look here you will see that the loss can be backdated two tax years for offset against capital gains but only if the loan was effectively irrecoverable at that time. If that wasn't the case, the loss can be used against gains in the current tax year or carried forward indefinitely for use in the future.As for the loss of the money you paid for your shares in the company you may be able to claim income tax relief for this under Section 24 Taxation of Chargeable Gains Act 1992. Take a look here. The relief can be claimed in the current tax year or in the previous two tax years. The shares must have been of negligible value in whichever tax year you wish to claim income tax relief.Tony40181.8451319444
Inc Tax, CGT, Corp Tax, IHT, VAT.