Interest-free loans can sometimes save the situationfirm. Practice is quite common. But, deciding to give or receive loans, you need to know the rules of registration of the transaction and the tax consequences of this step. Let us consider in detail what an interest-free loan agreement is between legal entities, a sample of its filling and other related issues.
An interest-free loan is usually accompanied byregistration of a special contract in writing. Thanks to this practice, the partners of the contract establish partnership and friendly relations. Also, as a result of the transaction, legal relations arise. All conditions and agreements must be registered and fixed in the contract. A loan without interest is issued for a certain period of time. The term of repayment by agreement of the parties may be changed in the future.
Special attention from the tax authoritiesis paid to those cases when an interest-free loan agreement is drawn up between individuals and legal entities, because such transactions may have the task of hiding non-targeted revenues. Therefore, it is often impossible to practice this type of loan using large amounts (namely 600,000 rubles and above). Otherwise, it takes a very long time to explain the tax and prove your case.
This type of transaction is very common betweencompanies. The lending party at the same time should be especially careful and clearly prescribe all repayment terms in order to minimize risks. For example, there must be a time limit when money should be returned, the last period. In principle, you can pay off earlier, if the borrower is able. However, when this does not happen, at the latest, the lender can write a claim, where to recall all the negative consequences in the event that the money is not returned by the debtor.
Difficult life situations, wrongbusiness organization or external factors that have a negative impact can be the reasons why money does not return on time. In case of inaccurate registration or in general absence of an agreement as such, one can wait your money very long, and in some cases not to wait at all. At the same time, a well-written document will ensure that the funds will be returned on time.
How to make a document in such a way thatin every possible way to protect yourself? It is necessary to prescribe the specific consequences that will come for the borrower, if the debt is not returned. Also specify the amount of daily interest for overdue days.
The lender has different ways, like himselfprotect from an unscrupulous borrower. With an interest-free loan from the founder, a contract is also drawn up, in the application of which there must be a schedule for the repayment of payments. The parties agree it together. This option is much more preferable than specifying only the deadline for repayment of the loan.
Sometimes it is advisable to seek professional help from a lawyer so that he or she can draw up a document correctly, taking into account all the necessary details.
As a general interest loan agreement, bothand concluded by legal entities are usually issued only in cases where the lender is confident in the integrity of the borrower. But whatever the contract, it is necessary to prescribe in it the fact that the lender does not have the goal of making a profit and will not have it. This will protect him from additional questions from the tax inspection.
An interest-free loan is not a financial servicevalues. It is not aimed at getting revenue from the transaction. For example, a credit institution does not conclude such a deal, otherwise it will have to pay tax. The document in question has a lot of subtleties. Before registration it is necessary to at least study the sample of the contract of interest-free loan between legal entities. And it is better to entrust its drawing up to the expert.
An interest-free loan agreement between legal entitiespersons whose sample will be presented below is drawn up between two parties: the lender and the borrower. According to him, the first transfers values in cash or otherwise to the other party, and the borrower, in turn, must repay the debt within the specified period.
The fact that the document does not presume interest,is reflected in a separate paragraph. Otherwise, by default, it will be considered as implying interest payment, which will be calculated on the basis of the refinancing rate.
Consider the general information contained in the interest-free loan agreement between legal entities. The sample includes the following chapters:
All of them are standard for any contract.However, different types of information are provided. So, in the subject indicate the conditions under which values are transferred, as well as their size. Additional agreements can be drawn up, according to which parts of the funds provided for in the main document are transferred.
В главе «Права и обязанности» описывается transfer of money and their return. Terms, data in it, can be changed by additional agreements, which also need to make a note. Responsibility of the borrower assumes payment of a penalty in the event that it violates the terms of repayment of money.
Принимаются во внимание форс-мажорные circumstances, which both sides must notify each other. If there are temporary insurmountable obstacles, then the terms of performance of contractual obligations are postponed. If they are renewed for more than two months, then a new contract should be concluded.
The parties undertake not to disclose information.Other persons can learn about the contract only with the consent of all parties. Questions are solved through negotiations, and if this fails, then on the basis of the legislation of the Russian Federation.
It is made in two copies, with fillingfull details and legal addresses of the parties, as well as valid until the borrower fulfills his obligations, an interest-free loan agreement. The sample, the form can be in different versions. The law of rigid rules is not established. However, it is in the interests of the parties to arrange it in such a way that controversial situations can be avoided in the future.
Before you is a template of an interest free document.loan Please note that it contains the most important terms of the contract of interest-free loan between legal entities. You may take the sample as a basis for drawing up such a document.
Treated contracts are optimaloption of reallocation of funds between companies interacting with each other. At the same time, disputes may arise regarding taxes. Thus, in some cases, income tax or personal income tax may be assessed (if one of the parties is an individual).
Under Russian law, a loan agreement may be of a compensatory nature, that is, with interest accrual, or without compensation, when the borrower only repays the debt.
Loans without interest are paidinterdependent persons or third-party organizations. In the first case, risks arise in relation to the fact that there is non-operating income, and in the second they are associated with the likelihood of non-recognition of expenses on repayments under the loan agreement due to the fact that funds from it were used to transfer the loan.
There may be situations where one of the partiesis a legal entity, and the other is an individual entrepreneur or an individual. In this case, when calculating taxes, cash income is taken into account in the form of the provision of things or material gain.
Individual entrepreneur will have topay personal income tax in the amount of 35% for the use of grants. If the document is issued between a husband and wife who are individual entrepreneurs, then the tax will not have to be paid. Despite the status of entrepreneurs, they also assume the existence of a joint ownership regime. Therefore, such money can not be considered borrowed.
If the contract is interest-free targetloan between legal entities and individuals with a pledge condition, this becomes an additional means of protecting the lender against debt repayment. Then the party can be assured that even if the borrower cannot return the funds, there will be negative consequences for him in the form of alienation of the pledged thing.
The form and model of an interest-free loan agreement between an individual and a legal entity are an example of how a document should be drafted.
