Interest-free loan from the founder: types of contracts, features

According to the current legislation, a loan agreement can be concluded without interest. Then the borrower will not pay the lender interest. However, deciding on this step, it is necessary to take into account many points. In the article we will consider what an interest-free loan from a founder is, how it is and what consequences it carries.

Features

For many, there is no difference between a loan and a loan. However, these concepts are not synonymous. A loan is a more general contract than a loan. Thus, the latter is just one type of loan. It differs in that it necessarily includes interest and consists only with a banking organization or another that has a corresponding license.

Let's consider, in what features of a loan.

1. It can be given in the form of money, or things.
2. There is a possibility of contract at no cost.
3. The agreement comes into force when property or money is transferred.
4. Unlike a loan, a loan can be issued by any legal or even an individual. Basically it is transferred in money equivalent. However, there is the possibility of providing in another form. In this case, things can not have individual characteristics, but they are united by certain features.
5. Loan loans are usually a priori non-interest bearing. However, as for cash, on the contrary, most transactions are realized with interest. And unless otherwise stated, the percentage is calculated by default (at the refinancing rate).

And one more important difference is that the loan agreement takes effect only after the transfer of money or things, while the loan is considered to be concluded already when the contract with an indication of the obligation to issue money was signed.

Interest-free loan from the founder

This loan is one particular type, which assumes that the borrower will not pay interest on the contract. Thus, he must pay only the amount he received in his hands.

However, in practice, different circumstances must be taken into account. So, an interest-free loan from the founder assumes payment of taxes both on the part of the borrower and the lender. Therefore, these points must be taken into account, so that there is no way that an attempt to reduce costs will lead to a large increase in taxes and will not be profitable.

The main purposes for which this type of loan is issued are:

• Assistance to the founder;
• Mutual assistance between firms;
• Financial support of employees or business owners;
• Financing of a business project;
• Help friends and relatives.

If you exceed the amount of 1000 rubles, you must make a contract. If this is not done, then it will be impossible to prove the lending of money.

Taxes and types of contracts

Bargains between dependent individuals and legal entities (for example, between the employer and the employee) are subject to special control by the state control bodies. After all, this way is one of the ways to launder proceeds received illegally. Therefore, when making a contract in the accounting department should be extremely careful, especially in the matter of calculating taxes.

The main danger is seen by the Ministry of Finance, which has the opportunity to take into account the taxation of profits on what a company could win at a market interest rate. However, the supervisory authorities will pay attention to loans only if they are carried out in large amounts and involve substantial amounts.

Taxes under the contract are calculated as follows:

• The profit tax is not provided (although in some cases the issue is controversial);
• Personal Income Tax (in the case of a transaction with an individual) is determined because the borrower benefits from the use of funds without interest;
• Contributions to the social funds are not listed, because the payment is not direct.

If the interest-free loan of the founder does not fall under the special control, difficulties in registration, as a rule, do not arise. Only in the event that the issuance will be made on a regular basis with amounts equal to or exceeding 600,000 rubles, additional questions may arise.

Loans have long been common both in the performance of activities, and between individuals. It is interesting that tax opinions and court practice often differ, which should be taken into account in order to minimize their risks.

An agreement on an interest-free loan between a founder, an organization, individuals, as well as a physical one from a legal entity and a legal entity from an individual may be concluded.

The contract between individuals

Individuals may well conclude loans among themselves on a percentage basis or on an interest-free basis. However, they can not exceed the amount of 50 minimum wages. But when issuing things, any amount is permissible.

Taxes are calculated the easiest. At the same time, only cases that are not related to entrepreneurial activity are allowed without interest. Sometimes it is necessary to prove that the parties did not aim to obtain commercial benefits from the transaction.

Agreement between legal entities

Friendly companies can help each other. Then for the lender the tax consequences do not come. But for the borrower the issue is controversial.

So, proceeding from article 41 of the Tax Code, the tax authorities believe that as a result of the loan, the borrower will have an income, since he saves on interest. Therefore, the transaction is considered a free service.

However, they do not agree with the tax authorities in the arbitration court. Usually, they do not consider it a service, so there is no income, and therefore there is nothing to levy a profit tax. Therefore, if disputes arise with the inspection, you can with full confidence in your right to go to court.

Contract from a legal entity to an individual

If the company is successful, then it is perfectly able to help its important employee who finds himself in a difficult life situation. Then an interest-free loan from the founder can be issued. When a loan is received, an individual must pay personal income tax, which amounts to three quarters of the refinancing rate.

If the borrower is an employee, then the tax can be paid at the expense of deduction of a certain amount from wages. In another case, the accounting department submits the documents to the tax office. Then the borrower pays the tax independently. From this rule there can be exceptions. So, if the funds go to buy a home, then a tax deduction can be obtained. Then you will not have to pay personal income tax.

From a private person

It can be executed not only an agreement of interest-free loan from the founder - a legal entity. Sometimes organizations themselves turn to get it from a private person. Then you do not have to overpay for bank interest. Someone will find that this agreement of 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 benefit. For market conditions, giving a loan without interest is an atypical situation.

However, the tax may require the lender to pay personal income tax. Then, as an interest rate, the refinancing rate will be calculated.

Interest-free loan agreement from the founder

The loan can be issued for the short and long term. At its registration it is necessary to consider various nuances. Obstacles to the deal without interest are not. However, if this is not prescribed in the contract, then by default it will be deemed paid for, interest will be accrued on it.

There is no agreement on what the content should be like, like a certain form. But it must contain the following data:

• The amount issued;
• Exact maturity;
• The indication of the fact that no interest will be charged;
• The procedure for issuing returns to the founder;
• Requisites of one and the other side;
• Whether the money will be transferred in cash or otherwise;
• Penalties for late repayment;
• Dispute settlement mechanism;
• Other all kinds of conditions.

An interest-free loan from the founder, a sample with a fragment of which can be seen below, is made in two copies, for each of the parties. When transferring money, the borrower writes a receipt that the amount has been received, where the size, date of issue and requisites of the parties to the contract are necessarily indicated.

All the conditions prescribed in the document can not contradict the current legislation. To register with a notary it is not necessary. But if one of the parties or both wish, you can do this. However, the law of signatures of the parties is enough.

A common annex to the contract is the repayment schedule. Also, it can indicate other important points.

Feature of registration of the contract from the employer

Since one of the parties is a legal entity, it is not usual to issue loans to employees without interest-free loans to the founder. The consequences are such that the CEO becomes in the contract and the representative of the lender, and the borrower. Under the law, this is not allowed. Therefore, in order to get out of this situation, a separate decision of the founders of the company is made. After this, 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

To conclude an agreement by an employee it is enough to provide a passport or other document that certifies his identity. The contract specifies the data from the document. Confirm revenue by special paper is not necessary, because the employer already has this information. At the same time, the lender may also require other documents to enter into the transaction.

The employer does not need to provide any documents. In most cases, it is signed by the CEO or other official authorized for this action on behalf of the legal entity.

Naturally, the contract must be drawn up in writing and in the proper form, otherwise it will be impossible to prove its conclusion, as well as carry out the operation of bookkeeping and pay taxes if necessary. The cash register machine is not used either when issuing or when the loan is repaid. Cashier for this is quite enough.

Such an interest-free loan from the founder must be accompanied by a document. A sample contract includes important items that need to be reflected.

Conclusion

Such can be loans issued without interest. It is worth adding that the founder can forgive the loan. Then a separate agreement on the forgiveness of the debt is drawn up.

Before drawing up an interest-free loan from the founder, the tax consequences, as well as the likelihood of special control by the government, should be studied. If everything is in order with the documentation, mutual assistance always benefits both the party that receives the help and the one that issues it.