CTM61561 | Close companies: loans to participators: company insolvent and loan irrecoverable

From HM Revenue & Customs · Company Taxation Manual

Where a company has become insolvent and is unable to pay its creditors, it is sometimes argued that the payment of tax due under (or also now under ) on a loan to a participator should be waived because it will damage the interests of the company’s creditors (other than HMRC).

If a liquidator argues as above, the loan is irrecoverable, or no return payment is forthcoming, in spite of the company’s or the liquidator’s efforts and the Section or Section charge cannot be otherwise discharged (e.g. by write off), a report should be sent to BAI (CT Structure) with the files for the company and for the participator to whom the loan was made.