Tax [DATE] 3 min read

Loans, trusts and family companies: seeing the full picture

The relationships between your trusts and companies can raise complex tax questions. We explore the issues to discuss with your adviser.

SAMPLE ARTICLE — written to show how the layout works. Not reviewed, not advice, and not for publication.

Most family groups do not set out to build a web of loans between their entities. It happens one reasonable step at a time. A trust distributes to a company because that is the sensible thing to do that year. The company lends money to a shareholder because a deposit is due. A few years later some of it is paid back. Each step made sense on the day it was taken.

How the money actually moves

By the time a group has been running for a decade, the movement between its entities is rarely something one person can describe from memory. A distribution here, a loan there, an amount repaid in part and then forgotten, a payment made by whichever entity happened to have cash in the account that week.

None of that is unusual, and none of it is necessarily wrong. What tends to be missing is a single document that says where the money went and on what terms.

A group’s entities are easy to draw. The money moving between them usually is not.

Why the picture matters more than any single entry

Questions about loans between a company, a trust and the people behind them are rarely about one transaction. They are about the pattern — whether the arrangements are documented, whether they have been treated the same way from year to year, and whether the paperwork still describes what actually happened.

That is why we tend to start with a map rather than a question. Once the whole group is on one page, the questions usually ask themselves.

Most of what we untangle was never a decision. It was a series of reasonable steps that nobody looked at together.

What to have in front of you

None of the following tells you whether anything needs to change. They are simply the things worth gathering before that conversation:

  • Every entity in the group, including the ones that are dormant but still registered
  • Loans between entities, and whether each one is documented
  • Amounts owed to, or by, the people behind the group
  • Trust resolutions for the last few years, and whether they match what was actually paid
  • Anything one entity has paid on behalf of another

What to discuss with your adviser

You don’t need to have everything worked out before speaking with your adviser. Start with the information you have and the questions you want to resolve.

Start a conversation

Start with a confidential conversation.

Tell us a little about your circumstances and what you would like to discuss. We’ll arrange an introductory conversation with Pramesh to understand your needs and explain how we may be able to help.

If you already have an accountant

You’re welcome to contact us for advice on a specific issue or to discuss moving to NGA Private. We can work alongside your existing adviser or coordinate a handover if you decide to move.