IRD are presently reviewing the treatment of overdrawn shareholder loans. IRD is concerned that the current tax system ‘provides an unintended tax advantage when companies lend funds to shareholders, compared with paying taxable dividends’. Note that the NZ regime is an outlier in respect of not presently having rules in place to deal with this issue.
The new rules, if enacted, will only apply to shareholder loans drawn after 4 December 2025, being the date that the initial consultation document was released.
Firstly, IRD are proposing to treat overdrawn shareholder loans as dividends if the loan is not repaid within a set period of time (currently defined as two successive balance dates). The loan period before repayment is due will vary between 12 and 24 months depending on when the loan was first taken out. If the overdrawn loan balance is less than $50,000 this rule will not apply.
Secondly, when a company is removed from the Companies Register any outstanding overdrawn shareholder loan will be treated as income at that time (if not already treated as a dividend by the above proposal).
There will be integrity measures to deal with any attempted circumvention of the rules, for example through temporary repayments or loans to associated parties.
Please contact us for more information on the above or if you have any questions relating to your shareholder loan.