Is a surety payment on behalf of a company, tax deductible in your personal capacity?

By Marc Sevitz · Updated

I am the sole shareholder and director of a company. I signed surety for a bank overdraft. This was called up and I had to pay. Is it tax deductible in my personal capacity?
TaxTim Marc

TaxTim Marc said:
13 March 2015 at 11:46

It is not tax deductible as the amount in question is a capital figure - a loan essentially.
FWG

FWG said:
13 March 2015 at 11:59

What happens if the company is liquidated and cannot repay the loan?
TaxTim Marc

TaxTim Marc said:
13 March 2015 at 12:00

The bank could sue you personally for the amount as you have signed surety.
FWG

FWG said:
13 March 2015 at 12:09

I have been sued and have paid. What if the company is liquidated and cannot pay me back? It thus becomes a bad debt and the question is, is it tax deductible?
TaxTim Marc

TaxTim Marc said:
13 March 2015 at 12:17

The company and you are connected persons, so unfortunately you will not be able to claim the capital loss, otherwise in theory anyone could take advantage of such a transaction.