Preferential loans

A preferential loan is a loan made by an employer to an employee or former employee, or their spouse. It arises where the rate of interest applied to the loan in a year is lower than the specified rate. The specified rate is set by the Department of Finance.

A preferential loan is a taxable benefit in kind. The employee is chargeable under the Pay As You Earn (PAYE) system on the benefit to:

If the employer is in the business of granting loans to the public, this is not a benefit in kind if:

  • the rate the employer charges to the public is lower than the rate set by the Department of Finance
  • and
  • the employee is charged at the same rate as the employer charges to the public.

Calculation of benefit

The benefit is treated as notional pay of the employee for the relevant tax year. The employer must deduct Income Tax, PRSI and USC from this notional pay.

The value of the benefit is the difference between:

  • the interest actually paid by the borrower in a year
  • and
  • the specified rate for that year.

It reflects the interest that would have been charged, had there been no connection between the two parties.

The interest charged can be calculated on the:

  • reducing balance
  • or
  • average balance for the year (the opening balance plus the closing balance, divided by two)
  • and
  • the period the loan was available in that year.

If the employer writes off the loan, the amount written off becomes a taxable amount in the year it is written off.

Specified rates

Current rates specified by Department of Finance
Qualifying home loans 4%
All other loans 13.5%

What is a qualifying home loan?

A loan used by an employee to purchase, repair, develop, improve a residence used by:

  • the employee
  • a former (or separated) spouse or civil partner of the employee
  • or
  • a dependent relative of the employee who does not pay rent to the employee.

If the loan is a qualifying home loan, the employer must receive a signed statement from the employee confirming this.

Arm's length rate

Employers can use a rate lower than the specified rate where their business involves providing home loans. Employers can use the rate that they would normally charge their customers for a home loan (the 'arm's length' rate). The loan must be provided to the employee:

  • for the purchase of a residence
  • for a stated term of years
  • and
  • at a fixed rate of interest (set at an arm's length rate).