A director’s loan happens when you, as a director or shareholder of your company, either:
- Take money from your company that’s not a salary or dividend, or
- Lend money to your company from your personal funds.
Sounds simple, right? But SARS sees this very differently if it’s not handled properly — and it can trigger unwanted tax consequences.
Common Examples
- You use company funds for personal purchases.
- You take a “temporary loan” from the business that’s not repaid.
- You personally pay business expenses and the company owes you.
🔎 SARS and Director’s Loans: What You Should Know
💼 1. If the company owes YOU (loan from you to company):
- No problem — this is treated like any other loan.
- You can charge interest if you like.
- Any interest earned is taxable in your hands as investment income.
🧨 2. If YOU owe the company (loan from company to you):
This is where things get tricky.
⚠️ Section 64E(4): Deemed Dividend Risk
If:
- You’re a shareholder or connected person, and
- The loan is not repaid, and
- It's not part of a legitimate business transaction,
👉 SARS may treat the loan as a deemed dividend, and charge Dividends Tax at 20%, even though you never declared one.
⚠️ Fringe Benefit Tax (Section 8(f))
If the company gives you an interest-free or low-interest loan, SARS may view the interest saving as a fringe benefit.
This means:
- The company must declare the benefit on your IRP5, and
- You pay tax as if you earned that interest as income.
💡 Best Practices
- Don’t treat the company as your personal ATM.
- Keep clear records of all director-related transactions.
- Rather declare a salary (subject to PAYE) or a dividend (subject to Dividends Tax).
- If it’s a genuine loan, charge interest at SARS' official rate.
- Set repayment terms and keep a written agreement.
🤝 How We Help
At MyFinance-Online, we:
- Track shareholder and director loan accounts
- Advise you on how to withdraw funds without triggering tax
- Help avoid SARS audits and unnecessary penalties
Need help cleaning up your director’s loan account? Let’s chat.