However, following strong opposition during consultation, the Government has decided not to take the proposals forward at this time.
What was being proposed?
The suggested rules would have required companies to provide HMRC with additional information about payments and transactions involving certain shareholders and directors.
This could have included more detailed reporting of:
• directors’ loan accounts;
• payments made to shareholders and other individuals connected with the company; and
• information identifying certain shareholders and other people with an interest in the company.
These requirements would have been particularly relevant to close companies, which broadly means companies controlled by five or fewer shareholders/directors, or by their directors.
Why have the plans been dropped?
The consultation attracted more than 1,000 responses, with many businesses and advisers concerned about the additional administration involved.
A particular concern was the burden the new rules could place on smaller companies, which already have extensive tax and company reporting responsibilities.
There were also practical difficulties. For example, a company may not always have all the information required about individuals who have an interest in the company but are not employees or actively involved in its day-to-day affairs.
HMRC has acknowledged these concerns and has concluded that further reporting requirements should not be introduced for the time being.
What does this mean for company directors?
For now, there is no new reporting requirement. Companies should continue to deal with directors’ loans and transactions with shareholders under the existing tax and reporting rules.
This does not mean that directors’ loans are no longer of interest to HMRC. The existing tax rules remain unchanged, and it is still important that directors’ loan accounts and payments to shareholders are recorded and reported correctly.
What happens next?
HMRC has indicated that it intends to improve its guidance in this area and the Government will continue to consider company tax reporting more generally.
The proposed additional reporting requirements could therefore be revisited in some form in the future, but companies have been spared the additional administrative burden for the time being.
If you are unsure about the tax treatment of a director’s loan, dividend or other payment made by your company to a director or shareholder, please speak to us.





















