Mortgage on Directors Loan
Mortgage on Directors Loan
Author
Discussion

JimmyConwayNW

Original Poster:

3,509 posts

149 months

Wednesday 4th December 2024
quotequote all
A close friend wants to equity release his house and invest the money into something.
He mentioned he can't get a remortgage as he has a directors loan account of about £900k and is drawing that down rather than paying himself wages ( makes sense more tax efficient etc)

Lenders ask for SA302 but he can't actually produce one as doesn't need to.

Anyone been in a similar position that can help? I forgot the name but there is / was a mortgage broker who regularly posted here.

Countdown

47,692 posts

220 months

Wednesday 4th December 2024
quotequote all
JimmyConwayNW said:
A close friend wants to equity release his house and invest the money into something.
He mentioned he can't get a remortgage as he has a directors loan account of about £900k and is drawing that down rather than paying himself wages ( makes sense more tax efficient etc)

Lenders ask for SA302 but he can't actually produce one as doesn't need to.

Anyone been in a similar position that can help? I forgot the name but there is / was a mortgage broker who regularly posted here.
Are you thinking of Sarnie?

I assume he submits self assessment returns (SA100) each year? If so he should be able to print off SA302 - it just shows HMRC's tax calculation based on his tax return for that particular year

ETA I'm probably missing something but instead of equity release why doesn't he just take the money out of the Company (i.e. draw down the Director's Loan)?

JimmyConwayNW

Original Poster:

3,509 posts

149 months

Wednesday 4th December 2024
quotequote all
It is Sarnie yes. If Sarnie can get him approved theres a deal there waiting.


MaxFromage

2,597 posts

155 months

Wednesday 4th December 2024
quotequote all
JimmyConwayNW said:
A close friend wants to equity release his house and invest the money into something.
He mentioned he can't get a remortgage as he has a directors loan account of about £900k and is drawing that down rather than paying himself wages ( makes sense more tax efficient etc)

Lenders ask for SA302 but he can't actually produce one as doesn't need to.

Anyone been in a similar position that can help? I forgot the name but there is / was a mortgage broker who regularly posted here.
Unless there's a specialist lender that will take the director loan into account, no income= no mortgage.

essayer

10,366 posts

218 months

Wednesday 4th December 2024
quotequote all
he owes the company £900k or the company owes him £900k ?

Eric Mc

124,959 posts

289 months

Wednesday 4th December 2024
quotequote all
The thing about SA302s is that HMRC does not issue these automatically. They have to be requested. In fact, a few years ago HMRC announced they wouldn't even be issuing them at all. They seem to have back-tracked on that and will now issue them if you contact them and request one.

SA302s were invented as part of the Self Assessment system. Before Self Assessment, the Inland Revenue (of old) issued what was called an Income Tax assessment to every taxpayer who submitted a tax return. The assessment was issued once the Revenue had "agreed" the details shown on the return. Lenders traditionally asked to see these assessments if a tax payer was applying for a loan/mortgage as they indicated that the Inland Revenue had OK'd the figures on the return.

With SELF Assessment, the new tax rules effectively passed the legal obligation for calculating tax liabilities from the Revenue to the taxpayer - so the old style "Tax Assessment" ceased to exist. In essence, HMRC no longer "agrees" the information provided by a taxpayer.

The Revenue said they would issue the "new" document called an SA302 if requested. The thing about the SA302 is that it is not confirmation of the taxpayer's income or tax liabilities. HMRC has no "opinion" on how accurate the figures submitted by the tax payer are.

But it is the nearest thing to an old style official tax assessment that can be obtained from HMRC - although it actually verifies nothing apart from the figures submitted by the taxpayer - even if they were wrong.

Granadier

1,148 posts

51 months

Wednesday 4th December 2024
quotequote all
I must completely missing the point of all this but would like to understand. If he's got money to invest, why does he need to borrow money as a mortgage? Is it like leverage to buy a rental property?
And how does it work drawing down a director's loan instead of being paid a salary? Surely the money he's being paid to live on will end up being a permanent move of cash, and loans have to be repaid eventually. Or is it that he lent the money to the business earlier and is now getting repayments back? I can understand that receiving repayments isn't income to be taxed.

JimmyConwayNW

Original Poster:

3,509 posts

149 months

Wednesday 4th December 2024
quotequote all
Drawing down the 900k he loaned the company presumably.

Sounds like great advice from an accountant initially but causes a bit of an issue if trying to finance a car, move house or obtain credit.

If Sarnie happy to have a chat with him its worth a go.

Killer2005

20,480 posts

252 months

Wednesday 4th December 2024
quotequote all
Sarnie will know better, are there any lenders that would lend against a directors loan as income?

Countdown

47,692 posts

220 months

Wednesday 4th December 2024
quotequote all
Eric Mc said:
The thing about SA302s is that HMRC does not issue these automatically. They have to be requested. In fact, a few years ago HMRC announced they wouldn't even be issuing them at all. They seem to have back-tracked on that and will now issue them if you contact them and request one.

SA302s were invented as part of the Self Assessment system. Before Self Assessment, the Inland Revenue (of old) issued what was called an Income Tax assessment to every taxpayer who submitted a tax return. The assessment was issued once the Revenue had "agreed" the details shown on the return. Lenders traditionally asked to see these assessments if a tax payer was applying for a loan/mortgage as they indicated that the Inland Revenue had OK'd the figures on the return.

With SELF Assessment, the new tax rules effectively passed the legal obligation for calculating tax liabilities from the Revenue to the taxpayer - so the old style "Tax Assessment" ceased to exist. In essence, HMRC no longer "agrees" the information provided by a taxpayer.

The Revenue said they would issue the "new" document called an SA302 if requested. The thing about the SA302 is that it is not confirmation of the taxpayer's income or tax liabilities. HMRC has no "opinion" on how accurate the figures submitted by the tax payer are.

But it is the nearest thing to an old style official tax assessment that can be obtained from HMRC - although it actually verifies nothing apart from the figures submitted by the taxpayer - even if they were wrong.
You (or your accountant) can print them off from your Gov Gateway account

Countdown

47,692 posts

220 months

Wednesday 4th December 2024
quotequote all
Granadier said:
Or is it that he lent the money to the business earlier and is now getting repayments back? I can understand that receiving repayments isn't income to be taxed.
That ^^ based on what the OP has said.

Sarnie

8,318 posts

233 months

Wednesday 4th December 2024
quotequote all
JimmyConwayNW said:
Drawing down the 900k he loaned the company presumably.

Sounds like great advice from an accountant initially but causes a bit of an issue if trying to finance a car, move house or obtain credit.

If Sarnie happy to have a chat with him its worth a go.
More than happy to chat if you want to give me a call or drop me a message smile

Eric Mc

124,959 posts

289 months

Wednesday 4th December 2024
quotequote all
Countdown said:
You (or your accountant) can print them off from your Gov Gateway account
Yes - but some lenders get a bit twitchy if they haven't come "officially" directly from HMRC. After 30 years of Self Assessment, lenders are getting the message, finally.

JimmyConwayNW

Original Poster:

3,509 posts

149 months

Thursday 5th December 2024
quotequote all
Sent a message Sarnie.

Thanks,

clarkey

1,417 posts

308 months

Thursday 5th December 2024
quotequote all
I have a colleague who got a massive mortgage through Coutts despite his only earnings being drawing down a directors loan. It can be done but might need some effort and research.

CaiosH

1,532 posts

250 months

Thursday 5th December 2024
quotequote all

He has a LTD company that owes him £900k, so he is not taking salary or dividends, then his SA302 will not have any income on it. He will need a lender that will use his share (based on % shareholding of company) of the company net profits. There are a few mainstream lenders that do this, most after corp tax. They will use the net profit from his LTD company accounts as his income.

Those lenders need to see his company is making a profit and base their loan calculations on that profit. If the company isn’t making a profit and he is withdrawing retained profits via repayment of directors loan then it’s not going to work with any lender.



JimmyConwayNW

Original Poster:

3,509 posts

149 months

Friday 6th December 2024
quotequote all
Sarnie has been in touch and on the case.

I don't think quite a coutts candidate unfortunately, not quite there yet

Stella Tortoise

3,123 posts

167 months

Friday 6th December 2024
quotequote all
Eric Mc said:
The thing about SA302s is that HMRC does not issue these automatically. They have to be requested. In fact, a few years ago HMRC announced they wouldn't even be issuing them at all. They seem to have back-tracked on that and will now issue them if you contact them and request one.

SA302s were invented as part of the Self Assessment system. Before Self Assessment, the Inland Revenue (of old) issued what was called an Income Tax assessment to every taxpayer who submitted a tax return. The assessment was issued once the Revenue had "agreed" the details shown on the return. Lenders traditionally asked to see these assessments if a tax payer was applying for a loan/mortgage as they indicated that the Inland Revenue had OK'd the figures on the return.

With SELF Assessment, the new tax rules effectively passed the legal obligation for calculating tax liabilities from the Revenue to the taxpayer - so the old style "Tax Assessment" ceased to exist. In essence, HMRC no longer "agrees" the information provided by a taxpayer.

The Revenue said they would issue the "new" document called an SA302 if requested. The thing about the SA302 is that it is not confirmation of the taxpayer's income or tax liabilities. HMRC has no "opinion" on how accurate the figures submitted by the tax payer are.

But it is the nearest thing to an old style official tax assessment that can be obtained from HMRC - although it actually verifies nothing apart from the figures submitted by the taxpayer - even if they were wrong.
They have been online for over a decade, this post makes producing proof of income seem way harder than it really is.