Director’s loan account and section 455 tax: what happens when you owe the company money
Most overdrawn loan accounts are not a plan. They build up quietly from drawings taken before anyone checked the profit. Here is how the charge works and what we do about it before the year end.
Published 27 September 2026
6 min read
Nasir Rasheed, Director, MAAT AATQB
A director’s loan account and section 455 tax come up in almost every set-up review I do. The owner has been taking money out monthly, calling it drawings, and nobody has told them whether the profit exists to cover it as a dividend. By the time the accounts are prepared, the account is overdrawn and the company has a tax charge on top of its corporation tax.
My view is simple. The charge itself is rarely the real problem. The real problem is that nobody looked at the numbers until nine months after the year end, when the options had already closed. An overdrawn account spotted in month seven has three or four ways out. The same balance spotted in month fifteen has one, and it usually costs money.
Below: what the account actually is, when the charge lands, how you get the money back, and the version of this I see most often.
What the loan account actually records
The loan account is the running record of money moving between you and the company that is not salary, not a dividend, and not an expense repayment. HMRC treats money going to a director or a close family member on that basis as a loan.
Two directions matter. If you have put money into the company, the account is in credit and the company owes you. You can draw that back out without tax, which is worth knowing before anyone declares a dividend. If you have taken more out than salary, dividends and expense repayments justify, the account is overdrawn and you owe the company.
Whichever way it sits, the balance goes on the balance sheet in the annual accounts, so it is visible to anyone reading them. That includes a lender assessing you for a mortgage or a buyer doing due diligence on the company.
The account is only as accurate as the bookkeeping behind it. Where drawings, card spending and the odd personal payment all run through one bank account and nobody codes them properly, the balance in the accounts is a guess. Getting that right is the first job, before anyone talks about tax.
When the charge lands, and on what
If the account is still overdrawn nine months and one day after the company’s year end, the company pays a charge under section 455 on the outstanding balance. It sits alongside corporation tax and is due at the same point in the calendar.
That date is the one to hold on to. Everything between the year end and that deadline is time you can use. Repay the balance before it, and no charge arises on that amount.
Two things owners get wrong about it. First, it is the company that pays, not you personally, which catches people who assume it comes off their self assessment. Second, it is a charge on the balance, not on the profit, so a company with a loss can still owe it.
There is also the interest question. Where the company charges you no interest, or interest below HMRC’s official rate, on a balance above the threshold, you have a benefit in kind. That means a P11D and Class 1A for the company. It is a smaller number than the section 455 charge, and it is the one most people forget entirely.
Getting the money back from HMRC
The charge is refundable. Repay the loan and the company can reclaim it. The catch is timing. The refund is not immediate and it is not automatic in the sense of arriving by itself. You claim it, and it comes back after the end of the accounting period in which the repayment happened, not on the day you repay.
So the company can be out of pocket for well over a year on money it will eventually get back. That is a cash flow problem rather than a permanent cost, but a cash flow problem is still real when you are paying suppliers and running payroll.
There is an anti-avoidance rule worth knowing. Repaying the loan shortly before the deadline and then drawing the same money straight back out does not work. HMRC matches those repayments against the new advance, and the charge stands. Clearing the account with a genuine dividend or bonus, where the profit and the paperwork support it, does work.
Writing the loan off is the other route. It is taxed on you as income and there are National Insurance consequences, so it is the expensive option and I would want a good reason before recommending it.
Why most overdrawn accounts are a dividend problem
In my experience the overdrawn account is a symptom. The owner has been taking a regular monthly amount because that is what they need to live on, and nobody has checked whether the company has the retained profit to cover it as a dividend.
Dividends can only come out of distributable profits. Loans have no such requirement, which is exactly why the balance builds. You can keep taking money out of a company that has not made enough profit to pay it as a dividend, and nothing stops you until the accounts are prepared.
The fix is a forecast, not a lecture. If you know your corporation tax and your dividend headroom before the year end, you know how much of what you have drawn can be voted as a dividend and how much cannot. That is the whole of it. An owner who sees the number in month eight can adjust drawings, declare a dividend against real profit, or put money back in from savings.
Every client here gets their corporation tax and dividend position a month before the bill lands. The loan account gets looked at in the same pass, because it is the same set of numbers.
What I do when an account is already overdrawn
Nothing dramatic. I work out the exact balance from books that reconcile, because the figure in the last set of accounts is often wrong. Then I check the distributable profit, because if the profit is there the answer may be a dividend and the problem disappears.
If the profit is not there, the options get narrower. Repay from personal funds before the deadline. Vote a bonus, which brings PAYE and National Insurance but keeps the money in your hands. Accept the charge, pay it, and plan the repayment so the reclaim comes back in a period where the cash is useful.
Which one is right depends on your personal tax position, the company’s cash, and what you are planning to do next. An owner about to apply for a mortgage has different priorities from one about to hire.
What does not work is finding out in month fifteen. By then the charge is due, the interest position is set, and you are choosing between bad options rather than good ones.
Common questions
Does the company pay section 455 tax even if it made a loss?
Yes. The charge applies to the outstanding loan balance, not to profit. A company with no taxable profit can still owe it on an overdrawn director’s loan account. This surprises owners who assume anything called corporation tax only applies when the company is profitable. Check the balance before the nine month deadline regardless of how the year went.
Can I repay the loan and take it straight back out again?
No. HMRC has anti-avoidance rules that match a repayment against a new advance made around the same time. Clearing the account for a week and then redrawing the same money leaves the charge in place. A genuine dividend or bonus, supported by profit and proper paperwork, clears the balance properly.
How long does it take to get section 455 tax refunded?
Longer than most owners expect. The reclaim relates to the accounting period in which you repay the loan, and it is not payable until after that period ends. So the company can be without the money for well over a year. Plan the repayment timing with the cash flow in mind.
Is an overdrawn loan account a problem for a mortgage application?
It can be. The balance appears on the company balance sheet in the annual accounts, and lenders reading those accounts will see it. It also suggests your declared income from the company is lower than the money you have actually taken out. Worth clearing well before you apply.
What if the company owes me money instead?
That is a credit balance and it works in your favour. You can draw it back out without personal tax, because it is repayment of money you already put in. It is worth checking this before declaring a dividend, since taking a credit balance back is usually the cheaper way to get cash out.