Under current law, the contractloan can be made without interest. Then the borrower will not pay interest to the lender. However, having decided on this step, you should take into account quite a few points. In the article we will look at how an interest-free loan from a founder can be, how it consists and what consequences it carries.
Features
For many, the difference between a loan and a loan is notexists. However, these concepts are not synonymous. A loan is a more general contract compared to a loan. Thus, the latter is only one type of loan. It differs in that it necessarily includes interest and is only with a banking organization or another that has the appropriate license.
Consider the features of the loan.
- It can be provided both in the form of money and things.
- There is the possibility of a contract for free.
- The agreement enters into force when property or money is transferred.
- Unlike a loan, a loan can be issued by anylegal and even physical person. It is mainly transmitted in cash. However, there is the possibility of providing in another form. In this case, things can not have individual characteristics, but they are combined with certain features.
- Real estate loans are usually a prioriinterest-free. However, with regard to cash, on the contrary, most transactions are carried out with interest. And unless otherwise indicated, the percentage is charged by default (at the refinancing rate).
And another important difference is thatthe loan agreement takes effect only upon the transfer of money or things, while the loan is considered concluded only when the contract indicating the obligation to issue money was signed.
Interest-free loan from the founder
This loan is one private type, which assumes that the borrower will not pay interest on the contract. Thus, he must pay only the amount he received on his hands.
However, in practice it is necessary to take into account differentcircumstances. Thus, an interest-free loan from the founder involves payment of taxes from both the borrower and the lender. Therefore, these points must be taken into account so that it does not happen that an attempt to reduce costs will lead to a large increase in taxes and will not be profitable.
The main objectives for which this type of loan is issued are:
- founder assistance;
- mutual assistance between firms;
- financial support of employees or business owner;
- financing a business project;
- help friends and relatives.
If you exceed the amount of 1000 rubles, you must make an agreement. If this is not done, then it will be impossible to prove the loan of money.
Taxes and types of contracts
For transactions that take place betweenindividuals and legal entities dependent on each other (for example, between the employer and the employee), special control is provided by the state regulatory authorities. After all, this way is one of the ways to launder illegally obtained income. Therefore, when you make a contract in the accounting department, you must be extremely careful, especially in the matter of calculating taxes.
The main danger is seen by the MinistryFinance, which has the ability to take into account the taxation of profits from the fact that the company could win at a market interest rate. However, regulatory authorities will pay attention to loans only if they are held in large volumes and provide for substantial sums.
Taxes under the contract are calculated as follows:
- income tax is not provided (although in some cases the issue is controversial);
- NDFL (in the case of a transaction with an individual) is determined for the reason that the borrower benefits from the use of funds without interest;
- Social fund contributions are not transferred, since the payment is not direct.
If the interest-free loan of the founder does not fallunder special control, difficulties in design, as a rule, does not arise. Only if the issue will be made on a regular basis with amounts equal to and exceeding 600,000 rubles, additional questions may arise.
Loans have long been common asthe implementation of activities and between individuals. Interestingly, the opinions of tax authorities and judicial practice often differ, which should be considered in order to minimize their risks.
An interest-free loan agreement may be concluded between the founder, organization, individuals, as well as individuals from legal entities and legal entities from individuals.
Agreement between individuals
Individuals may well conclude betweenare loans both on interest and interest-free basis. However, they cannot exceed 50 minimum wages. But when issuing things, any amount is permissible.
Taxes are calculated here the easiest.At the same time, only cases not related to business activities are allowed without interest. Sometimes it is necessary to prove that the parties did not intend to obtain commercial benefits from the transaction.
Agreement between legal entities
Friendly companies can help each other. Then for the lender of the tax consequences does not occur. But for the borrower, the issue is controversial.
So, based on Article 41 of the Tax Code, the tax authorities believe that as a result of the loan, the borrower will generate income, as it saves on interest. Therefore, the transaction is considered a gratis service.
However, in the arbitration court with the tax authoritiesagree Usually they do not consider it a service there, so there is no income, which means there is nothing to levy income tax on. Therefore, if disputes arise with the inspectorate, you can go to court with full confidence in your rightfulness.
Agreement from a legal entity to an individual
If the company is successful, then it is quiteable to help their important employee who is in a difficult life situation. Then an interest-free loan from the founder can be issued. When receiving a loan, an individual is obliged to pay personal income tax, which amounts to three quarters of the refinancing rate.
If the borrower is an employee, then the paymenttax may be due to withholding a certain amount of wages. In another case, the accounting department submits documents to the tax office. Then the borrower pays the tax on his own. There may be exceptions to this rule. So, if the funds go to the purchase of housing, then a tax deduction can be obtained. Then the personal income tax will not need to pay.
From a private person
Not only a contract can be madeinterest-free loan from the founder - a legal entity. Sometimes organizations themselves apply to get it from a private person. Then do not have to overpay for bank interest. It will seem to someone that this contract of an interest-free loan between the founder and the organization is simply a transfer of money. However, it is not.
The borrower will not bear the tax burden. But the founder can get unreasonable benefits. For market conditions, the provision of interest-free loan is not a typical situation.
However, the tax may require the lender to pay personal income tax. Then the refinancing rate will be calculated as an interest rate.
Interest-free loan agreement from the founder
The loan may be issued for a short-term andlong term. At its registration it is necessary to consider various nuances. There are no obstacles to a deal without interest. However, if this is not prescribed in the contract, then by default it will be considered compensated, interest will be charged on it.
What the content should be, as well as a certain form, the contract does not have. But the following data must be reflected in it:
- amount issued;
- exact repayment term;
- an indication of the fact that no interest will be charged;
- the procedure for issuing a return to the founder;
- details of one and the other side;
- whether the money will be transferred in cash or otherwise;
- penalties for late payment;
- dispute resolution mechanism;
- other various conditions.
Interest-free loan from the founder, sample froma fragment of which can be seen below, is compiled in duplicate, for each of the parties. When transferring money, the borrower writes a receipt stating that the amount has been received, where the size, date of issue and details of the parties to the contract are indicated.
All conditions specified in the document cannotcontradict current legislation. It is not necessary to register with a notary. But if one of the parties or both wish, you can do it. However, by law, the signatures of the parties are sufficient.
The usual appendix to the contract is a repayment schedule. Also there may indicate other important points.
The peculiarity of the contract from the employer
Так как одна из сторон — юридическое лицо, в the usual procedure for issuing employees will not work interest-free loans to the founder. The consequences here are such that the CEO becomes a representative of the lender and the borrower in the contract. By law, this is not allowed. Therefore, to get out of this situation, a separate decision of the founders of the company is made. After that, the contract is signed by one of the founders on behalf of the organization. The decision to issue a loan should be separately recorded.
Loan content
For the conclusion of the contract by the employeeit is enough to provide a passport or other document that certifies his identity. In the contract indicate the data from the document. There is no need to confirm income with special paper, as the employer already has this information. At the same time, the lender may require other documents for the transaction.
The employer does not need to provide any documents. In most cases, it is signed by the general director or another official authorized for this action on behalf of the legal entity.
Naturally, the contract must be drawn up inin writing and in due form, otherwise it will be impossible to prove his conclusion, as well as to carry out an accountancy operation and pay taxes if necessary. The cash register is not used when issuing or when repaying the loan. Cashier for this is quite enough.
This is how the interest-free loan from the founder should be accompanied by such a document. Sample contract includes important points that should be reflected.
Conclusion
These may be loans issued without interest. It is worth adding that the founder can forgive the loan. Then a separate debt forgiveness agreement is made.
Before you make an interest-free loan fromthe founder, the tax implications, and the likelihood of special control by public authorities should be examined. If the documentation is all right, mutual assistance always benefits both the side that receives the help and the one that issues it.
