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Level 3
December 9, 2022
Question

T2 Return. How to wind down a business with the only asset a shareholders loan

  • December 9, 2022
  • 1 reply
  • 9 views

I hope there is some advice for me on the site. I do not normally do T2 returns, but I do have 1. The company is inactive with the only asset, a shareholder's loan. How best to close the business and deal with this outstanding loan. Can they draw down the loan over a period of time?

Would they need to prepare a T5 for the value of the shareholder loan that they are drawing down?

Would they actually need to deposit the funds, reduce the loan on the balance sheet and then issue a T5 for the dividend or could they just do the draw down and prepare the T5?

Best advice please.

 

Thanks

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1 reply

Level 7
January 12, 2023

Please clarify.  If the shareholder's loan is in a debit balance (ie. it is a receivable from the shareholder), then there must also be a liability or equity showing on the balance sheet.  If there is a positive balance in retained earnings, you do need to pay a dividend out to the shareholder - this would debit retained earnings, credit the shareholder loan, and everything would be zero.  You would issue a T5 for the dividend.  

 

However, if the shareholder loan is a credit balance (ie. the company owes the shareholder), and there are no assets, then the offset on the balance sheet must be a deficit instead of retained earnings.  In that case, you do not have to do anything.  The shareholder is left with an amount owing to him/her and with no way of collecting it.  It is possible that the shareholder could claim a capital or allowable business investment loss, but that is beyond something that can be addressed in this forum.