NIM16676 | Class 1A National Insurance contributions: Special Class 1A NICs cases: Beneficial loans: Directors’ loan accounts: General

When reviewing a director’s current or loan account with a company, bear in mind that it is always a question of fact, based on all the evidence available, whether a withdrawal is a:

• loan,

• earnings; or

• a payment on account of earnings.

See NIM12018 for guidance to help identify the type of payment.

If the withdrawal results in the director owing the company money and the overdrawn amount is a loan, Class 1A NICs may arise if the conditions in NIM13021 are satisfied. See NIM16677 for further guidance about overdrawn loan accounts.