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Introduction to the Shareholder's Loan

Benjamin Teoh, CPA • Oct 11, 2021

What is the Shareholder's Loan?

 As a business owner, you will hear the term “shareholder loan” thrown around quite a bit by your accountant and maybe wondered what they meant. This concept can have many names including “due to shareholder,” “due from shareholder,” “owner’s draw,” among others. These all mean the same thing and refer to the account(s) summarizing the net financial transactions between the Company and any of its shareholders. 

To visualize it, imagine a vertical line (or see the diagram below). Anything on the right side means that you have put more money into the corporation that you have taken out. This means that the Company owes you money; this can be referred to as a credit in the shareholder loan and the result is that you can draw money from the company tax free until the balance is zero (since you are just taking out the money that you put into the Company before). 

On the flip side, a shareholder loan debit position (left side) means that you drew out more money from the corporation than you contributed. There are serious tax consequences for leaving the shareholder loan in a debit position for more than one year, discussed below. To reduce it, the shareholder an either repay the loan, or take income in the form of a salary or dividend. The salary vs dividend discussion will happen in a future blog post.

There are rules in the Income Tax Act that prohibit the shareholder loan position from being in a debit position for more than one year, otherwise the CRA will treat it as income not reported. The outstanding amount would have to be added as income in the year it became outstanding (year one of the debit) and taxes will have to be paid. On top of that, there will be penalties and interest from not reporting the income so naturally this is something to avoid. You cannot re-pay the balance the day before your year end and re-withdraw it directly after, since that would count as a “series of transactions” and is disallowed. 


What Changes your Shareholder Loan Balance?

Cash withdrawals – Moves to the left in the diagram above (debit)

Payment of personal items with corporate funds – Moves to the left (debit)

Payment of corporate expenses with personal funds – Moves to the right (credit)

Direct cash injection – Moves to the right (credit)

Declaration of salary/bonus/dividend = Moves to the right (credit)


Multiple Shareholders

The CRA rules consider the total shareholder loan for all shareholders. Especially in the case where shareholders are not related, care should be taken to track each shareholder’s draws and contributions to ensure one is not taking advantage of the others. The shareholders should review the shareholder loan at least annually to ensure fairness.


Questions?

The Shareholder loan is a complex topic and planning around plays a large part of minimizing taxes. A professional accountant can help you with an annual plan or with any questions. 

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