What is financial aid free of charge? Financial assistance is free of charge from the founder

The property belonging to the LLC and its founders exists as two separate categories. The company can not count on the money of its participants. Nevertheless, the owner has the opportunity to assist the firm in increasing working capital. You can arrange it in many ways. Let's consider further, how the grant financial aid is rendered.

General classification

The increase in the volume of circulating assets can be carried out in four ways. So, the company can receive free financial assistance, contributions to the charter capital, a loan and a contribution to the property. All these operations are reflected in the accounting records differently.

Financial aid free of charge

According to the general rule, such property of the organization should be recognized as its non-operating income. This provision is set in Art. 250, item 8 of the Tax Code. Under the property in this case it is necessary to understand the objects of civil law (except for real), which belong to this category in the Civil Code. Consequently, this includes money. Together with this, when taxing income, the company does not arise if:

1. The stake of the participant in the authorized capital is more than 50%.
2. From the date of acquisition of property throughout the year, it will not be transferred to third parties.

It should be noted, however, that financial aid will no longer be included in revenues if the condition on the participant's share is met. At the same time, money can be transferred to outsiders at any time.

Financial aid free of charge: posting

The funds transferred by a participant in the company act as other income. The financial assistance from the founder is recognized on the date of receipt. However, according to the Instruction for the application of the Chart of Accounts, they are reflected in the account for the account recording income in future periods (98), sub-account 98-2.

Controversial moment

Financial assistance is free of charge, according to the Civil Code, is regarded as a gift. This provision is given in art. 575, pt. Together with this gifts, the value of which is more than 3 thousand rubles., Are prohibited between legal entities. This prescription is contained in sub. 4 of the indicated paragraph of this article. In accordance with this, the tax service often refuses to implement sub-agreements. 11, item 1. of Article 251 of the Tax Code regarding the received property from the legal entity-founder. Here it should be noted that the arbitration practice has not worked out a unified opinion on this issue. Representatives of the Federal Antimonopoly Service of the North-Western District considered that if the NK admits the receipt of property free of charge by one domestic organization from another, subject to the necessary conditions, 4, item 1 in art. 575 GK is not subject to application. The judges of the Moscow district in their ruling pointed out several other facts. In particular, in their opinion, the implementation of sub. 11, item 1, from Article 251 of the Tax Code is permissible only if financial gratuitous assistance is transferred in compliance with the provisions of the current legislation on the prohibition of donation.

Contribution to property

It can be carried out without changing the value of CC, as well as the nominal value of the shares in it. In this case, we mean the obligation of the founders to invest in common property by decision of the meeting. Contributions are made by participants proportionally to the shares owned by them in the authorized capital, unless another condition is prescribed in the Charter. In accounting, free financial assistance from the founder in the form of a contribution will not be recorded as the company's income. The participant's contribution is subject to reflection on the debit of property accounting accounts and to the credit of the supplementary capital account . This, in turn, means that the decision to transfer deposits leads to an increase in the size of the company's net assets. The procedure for their determination by law has not been established. In this connection, the LLC may apply the rules applicable to joint stock companies. For the value of net assets should be taken by the amount obtained when deducting liabilities from working capital accepted for settlement. In essence, the amount shows the size of the company's equity. In this case, by sub. 3.4, item 1, article 251 of the Tax Code, incomes in the quality of which the property transferred to the company for increasing current assets, formation of additional capital, including, is not taken into account when taxing profits.

Loan

A participant can provide the company with temporary monetary assistance by signing a loan agreement with it. This provision is provided in art. 808, item 1 of the Civil Code. In accordance with the general rule of the participant, acting as a lender, has the opportunity not only to return the amount, but also to receive interest. Their size and procedure for accrual are set in the contract. However, the same agreement may provide for financial assistance free of charge. The terms of such a loan should be spelled out in the contract directly. This prescribes Art. 809, item 1 of the Civil Code. Financial free aid in the form of a loan will not act as a company's income. At the same time, repayment of a loan is not recognized as an expense. In the same way, the loan received is not included in the income, subject to the tax on profit on the Tax Code. At the same time, expenses aimed at its repayment, reduce the base on it. Together with this, with the gratuitous use of funds by the company's income under art. 41 NC will save on interest. In Ch. 25 does not establish the procedure for assessing and determining the material benefit that the enterprise will receive in this case. In this regard, such profits are not taken into account in taxation.

Contribution to capital

At the general meeting of the founders, it may be decided to increase the MC by making additional contributions. For this, according to the general rule, at least 2/3 of the total number of owners of the company is needed. In the Charter, nevertheless, a greater number may be envisaged. The total value of deposits, the common for all founders ratio between it and the amount for which the nominal value of each share will be increased, are determined directly in the decision. This prescription is present in art. 19, item 1 of the Federal Law №14. Each founder has the opportunity to make an additional contribution, which will not exceed the total cost of additional. Contributions, in proportion to its own share in the company's capital. It is necessary to implement this right not later than 2 months after the adoption of the above decision. Within a month from the moment of the end of this period, the meeting must approve the results of the addition. Contributions and corresponding changes in the constituent documents of the enterprise. At the same time, it is necessary to send an application to the tax service for the registration of these adjustments. Changes will take effect only after the state registration. Generalization of information on the status and movement of the company's capital is effected on account 80. Records on it are made after registration of changes in the constituent documents adopted at the meeting.

Taxation of additional deposits

The money that is received in this way will not increase the base. Nevertheless, the founders-legal entities will have to pay tax on the amount of increase in the nominal value of their share. A similar rule applies to physical participants. This amount will be subject to personal income tax. At the same time, the responsibility for calculating, withholding and paying will lie directly with the firm acting in this case as a tax agent.