Loan and interest

Clause 1 of Article 807 of the Civil Code of the Russian Federation establishes that the borrower at the conclusion of a loan agreement must be transferred to the borrower money or things that he subsequently must return. Thus, it follows from the provisions of this item that the legally significant conditions of the loan transaction are questions about the loan (money or things) and the need to return the property taken into debt.

At the same time, the need to pay compensation for the offer for the use of its property, that is, the payment of interest under the loan agreement, in paragraph 1 of Article 807 of the Civil Code of the Russian Federation, there is no speech. Consequently, the loan deal, according to the requirements of Article 432 of the Civil Code of the Russian Federation, will be considered a prisoner, even if in the text of the contract, the question of percentages is not resolved.

This conclusion is expressly confirmed by the provision of paragraph 1 of Article 809 of the Civil Code of the Russian Federation, which determines that the indication of the need to pay interest in the text of the contract may be absent.

However, the practice of relations of economic entities gives questions to determine the amount of interest under the Treaty of Learning to pay their payment, since the main goal of a commercial organization is to make a profit. Consequently, all the subtleties of determining the magnitude and order of interest payments must be carefully reflected in the text of the agreement between legal entities.

Interest for the use of the loan under Article 809 of the Civil Code of the Russian Federation

Clause 1 of Article 809 of the Civil Code of the Russian Federation indicates that the lender, transferring money to the borrower, acquires the right to receive interest for the use of them, unless otherwise specified in the Agreement of the Parties. Thus, the monetary loan for the organization is assumed to be paid in all cases when the text of the agreement does not directly indicate that it is interest-free.

The absence of an agreement on interest in the text of the Agreement does not make it automatically interest-free, which is referred to in Article 809 of the Civil Code of the Russian Federation. In this situation, it will only be indicated in paragraphs 1 and 2 of Article 809 of the Civil Code of the Russian Federation, the procedure for their definition. According to the provisions of these items, the borrower will need to pay interest every month of the use of a lender in the amount determined on the basis of the key rates of the Central Bank of the Russian Federation at the time of the payment of the payment or its part. However, if individuals or IP are participants in the transaction, and the loan amount is less than 100 thousand rubles, the contract is considered interestless if it is not directly agreed in it.

However, it is worth mentioning about a special case when the loan is not money, but things. In such a situation, according to paragraph 4 of Article 809 of the Civil Code of the Russian Federation, in the absence of an agreement between the parties on interest, the Agreement is automatically expected to be interest.

Interest in the early loan return

Articles 809 and 810 of the Civil Code of the Russian Federation are closely associated with interest under the contract another key (but legally insignificant) condition of the Agreement - the debt repayment period. According to paragraph 1 of Article 810 of the Civil Code, the loan may be an urgent (with a fixed return date) or indefinite (in this case, the borrower should notify the borrower for 1 month or in a different period marked in the contract).

It is important to remember that depending on the need to pay interest will be able to return the loan ahead of schedule. So, according to Article 810 of the Civil Code of the Russian Federation, if the loan is interest-free, the borrower has the right to return it ahead of schedule at his own wishes.

At the same time, if the transaction between organizations implies interest payment, the return of debt ahead of time only with the approval of the lender. Such a restriction is determined by compliance with its financial interests, since with the early return of the loan, it will get a smaller amount of compensation for the use of its money, which was calculated when concluding the transaction. If the percentage of the loan is granted to a physical face, for personal needs, he can return it, having previously notified the lender for this 30 days before return.

Clause 4 of Article 809 of the Civil Code of the Russian Federation states that with the early return of the loan, the borrower is required to pay interest before the date of the actual loan return is inclusive. Thus, the ability to repay a percentage loan will early to be determined by the financial interest of the lender, which is entitled to give permission to early repayment, thereby having a part of the alleged income, or not to give such permission to obtain the entire amount of interest under the contract.

Maximum percent size, minimum interest rate, change (decrease or increase) Payments for the use of loan

In compiling a loan agreement, it is necessary to remember that the norms of the Civil Code of the Russian Federation the limit amount of interest for the use of the lender means is not determined.

Do not know your rights?

For reference: in judicial practice there was a position, the purpose of which is to create conditions for the establishment of fair and continuum interest on credit and loan transactions. As an example, it is possible to define the collegium of the Armed Forces of the Russian Federation of 29.03.2016 in case No. 83-kg 16-2, which indicates that the transaction for the loan, despite the principle of the contract provided for in paragraph 1 of Article 421 of the Civil Code, should not be explicitly burdensome For the borrower.

It should also be noted that information on the limit amount of interest, published by the Central Bank of the Russian Federation quarterly, also does not have a direct relationship to organizations by virtue of the action of Part 11 of Article 6 of the Law "On Consumer ..." of December 21, 2013 No. 353-FZ, since only consumer is intended for consumer lending.

As for the minimum percentage of the loan agreement , There is no such restriction in the legislation. Moreover, clause 1 of Article 809 of the Civil Code of the Russian Federation assumes that the loan can be interest-free, that is, free for the borrower.

Changing the magnitude of interest

According to paragraph 1 of Article 450 of the Civil Code of the Russian Federation, the side of the loan transaction has the right to change the amount of interest on it in any time in the presence of their mutual consent. The one-sided change in the interest rate of interest is directly prohibited by both Article 450 of the Civil Code of the Russian Federation and subparagraph 4 of paragraph 1 of Article 12 of the FZ No. 151 already mentioned by us (for customers of microfinance organizations).

When making changes, including a decrease in percentages, the parties should be remembered that they will take effect only from the date of signing the Agreement on this (paragraph 3 of Article 453 of the Civil Code of the Russian Federation). However, if desired, the parties in the text of the document may designate another procedure for the entry into force of novation them.

In this case, it may also be about attaching the inverse force agreement, that is, the spread of changes for the period preceding them by the statement by the parties. In the other case, according to paragraph 4 of Article 453 of the Civil Code of the Russian Federation, all the interest paid for the previously concluded rate will retain its action. For example, the borrower is not entitled to require the recalculation of previously produced percentage payments, if the interest rate will be reduced.

Incompretation of the loan and payment of interest with the receipt - the consequences under Article 811 of the Civil Code of the Russian Federation

In practice, the situation is not uncommon when the borrower is not timely calculated both by the main loan and the amount of interest accrued for its use. With a late debt return, 2 options are possible, depending on whether special sanctions are provided for the parties in the Agreement for delay or not:

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Regarding the VAT on the interest obtained in relation to loan transactions, the rules of subparagraph 15 of paragraph 3 of article 149 of the Tax Code of the Russian Federation are applied, according to which such operations from this tax exempted. The tax on profit on the interest received will have to pay, according to paragraph 6 of Article 250 of the Tax Code of the Russian Federation. The resulting interest in this case is taken into account as non-engineering income.

As for the order of taxation of the tax, then it should be guided by the provisions of paragraph 2 of Article 273 of the Tax Code of the Russian Federation (with a cash register method), according to which the moment of receipt of income is recognized by the day of interest in the checkout of the lender. This rule is used both in the one-time payment of the entire amount of interest and in the implementation of payments in parts.

Summing up, we note that the procedure for paying a borrower of interest under the loan agreement is not a significant condition of the transaction, but is of great importance, since the legal nature of the contract of this kind involves its retribution. That is why the parties should be particularly attentive when agreeing about interest points during the conclusion of a loan agreement.

The percentage loan between legal entities is an agreement according to which the lender (lender) transmits a borrower a certain amount of funds or other values \u200b\u200bon the terms that the debtor will return them (amount, values) in accordance with the signed agreement.

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Such transactions are supported by the relevant documents. The loan agreement has a lot of nuances and to prevent typical mistakes, it is better to make up with a lawyer. Often, transactions are concluded with additional conditions, for example, with the attraction of pledge or by the guarantee of the founders or director.

Lending terms

Most often, loans between legal entities are possible in the following situations:

lending to the subsidiary;
providing a loan to one of the enterprises included in the holding;
issuance of a loan for output and further calculation by this product.

Absolutely all lending conditions (interest rate, period, size, scheme for providing and returning a loan) are negotiated individually.

When conclusted the transaction, a loan agreement must be signed. The form of a model contract is free, but there is a lot of nuances with which an experienced lawyer can cope with.

For example, if money or values \u200b\u200bare transferred under a certain percentage, it must be prescribed in the document, otherwise, the lender has the right to demand interest paying, the size of which will be equal to the refinancing rate on the current date. Tax authorities may also have questions.

Registration

The design procedure does not take much time if all the points of the contract are agreed and found options that satisfy both parties.

To obtain a loan, legal entities sign a loan agreement (repayment schedule, additional agreements, receipts, etc.) and only after that the loan amount is transferred to the borrower to the current account or is issued in cash.

Profitable offer

Interest loans between legal entities - demanded service. Provide similar loans to partner companies, subsidiaries, less often unbound business entities.

Lending conditions are negotiated individually and depend on many factors:

Interest loan agreement between legal entities

In obligatory procedure, the contract is drawn up in writing. Notarized the document is optional. At the discretion of the parties, a receipt can be drawn about the transfer of the agreed amount of funds.

Please note that the loan is considered to be paid by default, if the other is not written in the transaction.

The transaction is considered percentage, if it does not specify that it is interest-free. If the rate is not written, the borrower will still pay interest at the refinancing rate.

All items of the agreement are preparing for the specific requirements of both parties, if there is disagreement, prescribe the protocol of disagreements.

Tax consequences

All operations under a percentage loan agreement, from the client (borrower) are not subject to taxes.

For a leopard, everything is not so simple, it is necessary to competently compile documents. To minimize tax claims, you should prescribe a bid in the document.

Wiring

Any legal entity can provide or receive interest loans (unless otherwise registered by the charter or legislation). The period of lending to such loans can be different: short, medium and long-term.

If the loan is obtained for a short time, that is, up to one year, then accounting must be conducted on the account 66. Money can be taken in cash or translating to the account.

Accounting records should be made as follows:

Dt 50 (51.52) - CT 66 - Getting a loan.

Repayment, wiring reverse:

Dt 66 - CT 50 (51.52) - Debt Returns.

Additional costs associated with obtaining money are attributed to 91 (DT91 - CT 66).

If the loan is provided for a long period, accounting is conducted on account 67.

At refinancing rate

The fee for the use of loan is defined individually and is prescribed in the contract. If the document does not specify the rates (there is no specific interest and not written that the loan loan is defined automatically and equated to the refinancing rate on the borrower of the debt amount.

We pay attention, in 2020 the refinancing rate is 10.5% per annum.

Interest rates

The payment for the use of the loan is set at the discretion of the parties. No restrictions on this clause legislation is not provided.

But it is worth remembering, a bid must be specified in the contract, otherwise interest must be charged at the refinancing rate.

If the loan between legal entities is interest-free, in the contract it is necessary to prescribe. If you do not specify in the documents that the loan is interest-free, accrual will be made at the refinancing rate.

Documentation

To get the money, both sides of the transaction signed a loan agreement, as well as if such documents are necessary: \u200b\u200bthe protocol of disagreements, additional agreements, the payment schedule.

Upon receipt of funds in cash, the borrower writes a receipt for receipt of funds. Notarial assurances such transactions do not require.

To conclude this contract, it is necessary:

charter of both companies;
passports of persons authorized to sign similar documents;
orders for the appointment of persons entitled to signatures on financial documents;
cards with sample signatures of persons authorized to sign financial documents.

Requirements requirements

Requirements are determined individually. Standard lending conditions - the solvency of the borrower. At the legislative level there are no prohibitions to receive a loan by one legal entity from the other.

Also in the company's charter should not be prohibitions for similar actions. The borrower received the borrower must use on the goals that are determined by the loan agreement.

Debt repayment

Repayment on a percentage loan is made in accordance with the previously signed contract, disposable or parts. If a one-time repayment is agreed in the transaction, then the Treaty provides a final return date of funds.

If the loan is repaid by parts, then an additional document is signed with a detailed refund schedule. It indicates minimum payments (loan body and accrued interest), money transfer timing.

Return a loan borrower will be able to methods that are spelled out in the contract, for example:

through cash loan cash;
bank transfer for the current account;
with money transfer to the borrower's account.

Timing

The parties decide on their own, for how long the loan is provided. The legislation does not limit the lending period, the loan between legal entities may be issued for a period of 1 day to 50 years.

At the end of the term of the contract, the borrower is obliged to return the credit and interest accrued on it.

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Any enterprise is sometimes required to attract additional funds. They may need to purchase goods, updating or acquiring funds or to exit a difficult situation.

Get a loan business is not easy and money is often looking for other companies that have free funds.

Often creditors become affiliated persons or long-standing partners, but specialized companies can perform.

The main provisions of the conclusion

The loan is still not a loan, although it has certain similarities with a banking product. According to the contract for the debt, one company - another can pass money or things that have generic signs (brand, model).

The contracts may provide for the payment of remuneration to the lender for the use of cash or be interest. Discussion of concrete terms of the transaction should be through negotiations until the contract is concluded.

Any legal entities can issue loans. Specialized organizations operate on the market, ready to provide financial support to various types of business.

Also, not rare loans receive from other firms in a group of companies or from partners with which there is an old relationship.

The lender remuneration can be expressed as a percentage accrued for a certain period of use of funds, or expressed in a specific amount for the entire term of the contract or a certain use of borrowed ownership or money.

Necessary terms

The procedure for issuing and receiving loans is described in sufficient detail in the legislation and the majority of firms are not experiencing large problems with the design of the transaction.

But some specific terms still meet:

Put advanced parties

If the parties of the transaction are two legal entities, then under the law there is only one requirement.

The organization, serving a borrower or a lender, should be officially registered, its activities should not be suspended and no bankruptcy or liquidation procedures are carried out against it.

Important! For some special institutions, the issuance of various loans can be completely prohibited or to require additional permission from the founders. This moment is prescribed specifically in the Charter of the Organization.

The lender can independently install almost any requirements for borrowers, guided by its own domestic policy.

Consider what conditions the borrower must correspond to in most cases:

conducting activities at least 3-12 months;
lack of damages;
the absence of solutions to the suspension of activities;
in relation to it, bankruptcy or liquidation procedures should not be carried out;
lack of or minimal debt on various taxes, fees and other mandatory payments in favor of the state.

In some cases, creditors may consider the borrower with debts on tax payments and other fees, if he has a coordinated installment of debt payment with the relevant state body.

Legal acts

In the general case, the parties to the loan transaction between legal entities must be guided, first of all,.

It is in it that the concept of a loan is itself, the possible species and main conditions are described, which should be specified in the contract.

If a microfinance or microcredit organization is a progenitor, then the federal law is also applied to their activities.

These organizations should also take into account various letters, decisions and prescriptions of the Central Bank and the Ministry of Finance of the Russian Federation.

Video: loans and loans

Interesting loan agreement between legal entities (sample)

According to the Civil Code, the Parties may agree on all the conditions of the transaction by preliminary negotiations.

Usually, it happens if the lender is not a microfinance company engaged in lending to business at a professional level.

All the results of the negotiations are the parties to fix in the paper contract, which will continue to regulate the relationship between them related to the transaction.

Mandatory Agreement must include the following information:

Details of the parties.
Subject of the contract (description of things, their cost or specific amount of money loan).
The size of the lender remuneration (if the percentage agreement).
Return procedure.
Loan period (if the contract is not an indefinite).
Penalties.
Signatures of the parties.

The Agreement may also include various additional conditions relating to the provision and objectives of the loan, the order of early repayment or the extension of the term and others.

All their parties should discuss even at the bar, and only then include in the Agreement.

You can download a sample of a percentage loan agreement between legal entities.

What are the rights and obligations of the parties

It was in the contract that the parties record all rights and obligations arising from each of them due to the conclusion of a loan transaction. Usually, the main responsibilities fall on the borrower, and only rights are recorded at the lendament.

Consider what basic rights can receive a lender under the Treaty:

We also give the obligations and rights of the borrower, which are found in contracts most often:

In some cases, other rights and obligations of the parties may also be provided in the contract. For example, a borrower may be obliged to provide full reporting on its economic activity to the lender every quarter.

Chart of payments

If the contract provides for more than 1 payment for the return of debt and interest payments, as well as it is not a permissive nature, then it is necessary to make a schedule of payments.

This document records a specific amount and date to which it must be transferred to the borrower to the lender.

Important! The payment schedule is an integral part of the contract and must be signed by both parties.

With partial early repayment, the amount of payments must be changed and the parties must coordinate and sign a new schedule.

If a permanent loan is issued, its repayment borrower must be carried out within 30 days from the date of receipt from the lender the relevant requirements in writing. Pay interest in their presence should be in accordance with the terms of the agreement.

Debt Debt Recovery

Lenders often face the situation when the borrower ceases to pay under the contract.

In this case, they have the right to charge a fine for each day of delay and require immediate return of all loan amounts and interest in the actual time of use of borrowed funds. But voluntarily, such requirements are not in a hurry to execute borrowers.

If payments under the loan agreement stopped, the lender has several possibilities to recover the amount of debt:

Each options has its advantages and disadvantages. For example, the appeal to the court may require quite a lot of time costs, and the effect of the recovery will not always be comparable to the expected, because The borrower simply may not be funds and property sufficient to repay the debt.

When attracting collectors and lawyers, the lender will have to spend money on their services and predict the result also does not always succeed.

Often the conclusion of a cessia agreement is the easiest option for the creditor to ensure a refund of at least part of the debt, having transferred it to professional debt recovers.

But it is worth understanding that for 100% of the loan amount, no one is most likely to buy, and have to come to terms with a rather discon.

Minimum and maximum percentage

The legislation of the Russian Federation practically does not limit the minimum and maximum interest rate applied by loans between legal entities.

In contrast to consumer loans, the specific rate is coordinated by the parties at the bar, although some points should be considered.

A too high interest rate may result in a transaction can be recognized as a balled, and subsequently not valid. This is characteristic of a minissid, issued for several hundred percent per annum.

If the percentage under the contract is missing or below the refinancing rate by more than 20%, the option is not excluded, which will have to do it that the borrower has no material benefit from such economies, and the lender is to justify economic meaning.

In some cases, the parties of the transaction will have to defend their position in court.

Offers from organizations

There are a number of companies that are engaged in issuing loans to legal entities. These are usually microfinance and microcredit companies.

Some of them work within the framework of government assistance programs of SMEs, and there may be quite comparable rates with banking or even lower, and the conditions will be much easier.

It should be borne in mind that often when receiving a loan is required to provide the guarantee of business owners and is extremely desirable, the presence of liquidity (goods in the turnover, real estate).

Comment. The lower the rate, the more attention is paid to the check of the borrower company and is more requested by documents.

Compare the table of proposals for some borrowing organizations for companies:

Credit organization	Features	Rate	Maximum term, rubles	Maximum amount, rubles
Flow	the loan is issued according to the P2P lending scheme through Flow. Didgetal LLC (affiliated with Alpha Bank)	from 20% per annum	6 months	2 million
Sverdlovsk Regional Entrepreneurship Support Fund (MFI)	give out loans with state support	10% per year for all borrowers	3 years	3 million
Finotel (IFC)	payments must be made weekly	calculated individually	1 year	1 million

Tax consequences

Often, the taxation of the interest loan between legal entities causes many questions, especially if the creditor is not a specialized company, but a legal entity that has decided to work out financial investments into a particular enterprise.

In the simplest case, the borrower simply includes interest on the cost of expenses and reduces the taxable base, and the lender includes them already into profits, accordingly, increasing the taxable base, pays for income tax with them, etc. or a single tax with the use of USN. But simple, it would seem, the scheme in practice often gives failures.

Some tax inspections During the detection of a loan with a very low interest rate, they begin to try to prove that the borrower from saving the percentage there was a material benefit that should be taken into account as a profit.

The procedure for accounting interest on loans and loans is a question that worries almost every organization. Consider the current accounting procedure, including, tap the features of interest accounting on controlled transactions. Based on sub. 10 p. 1 Art.

8 tbsp. 272 of the Tax Code, regardless of the date of payment, interest is recognized as part of non-engine expenses:

at the date of return of the loan (loan);
for the last number of each month during the entire period of use of the loan.

When applying a simplified tax system (USN), interest is recognized in expenditures on the date of their payment (sub.

251, paragraph 12 of Art. 270, sub. 1 p. 1.1 Art. 346.15 of the Tax Code of the Russian Federation operations for obtaining and returning loans are not taken into account in the composition of income and expenses. The organization has the right to calculate the tax base for income tax take into account expenses in the form of interest on loan. According to sub. 2 p. 1 Art. 265, paragraph 1 of paragraph 2 of Art. 346.17 of the Tax Code of the Russian Federation). Features of accounting interest on debt obligations established by the provisions of Article 269 of the Tax Code of the Russian Federation. Under debt obligations are subject to loans, commodity and commercial loans, loans, bank deposits, bank accounts or other borrowing, regardless of the method of their design. As a general rule, the debt obligations of any type of consumption recognize the interest calculated on the basis of the actual rate - for tax purposes, interest is not subject to interest.

At the same time, these provisions of Article 269 of the Tax Code of the Russian Federation apply to interest accrued from January 1, 2015.

under contracts concluded both before January 1, 2015 and after this date (see, for example, a letter of the Ministry of Finance of Russia of July 15, 2015 No. 03-01-18 / 40737).

Otherwise, it is the case with controlled transactions - interest on them is recognized as interest on them, calculated on the basis of the actual rate, taking into account the provisions of the section V.1 of the Tax Code of the Russian Federation. According to controlled transactions, the organization recognizes the interest on the loan, calculated on the basis of the actual bet, if this rate is less than the maximum value of the limit range interval (paragraphs 1.1, 1.2 of Art. 269 of the Tax Code of the Russian Federation). These values, in particular, are: Thus, the interest rate on a controlled transaction should be no more than 12.5%.

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Interest on loan and income tax 2019

As organizations should take into account interest on loans in costs when calculating income tax after since 2019, the rationalization of expenses in the form of interest on debt obligations for taxation is canceled.

The client wants to take a microloan in the amount of 20,000 rubles. Interest on the loan adopted for taxation in 2019 is taken into account in the costs based on the actual bet. A similar rule is also provided for income. Profit tax is one of the main taxes and fees of the Russian Federation. The circle of his payers is wide enough, but only organizations enter it. On individual entrepreneurs, this tax does not apply. COMPANY COMPANY 2019 - How much and what benefits Basic (total) income tax rate is set in the amount of 20% (p. In this regard, the interest payable for the loan, accrued after reducing the amount of the principal debt, is recalculated in a smaller side (based on From the reduced amount of the principal debt). Change in the contract affects interest accrued in the fourth quarter of 2015, in 2019 and in the first quarter of 2019.

In these periods, the organization was taken into account every month in accordance with the requirements of the Tax Code of the Russian Federation. When calculating interest on debt liabilities, the validity of which is more than one reporting period, they are recognized in costs monthly and regardless of the fact of payment (paragraph 8 of Art. 272 \u200b\u200bof the Tax Code of the Russian Federation). Interest on the debt committee recognized by the debt controlled is taken into account by special rules.

At the same time, since 2019, the list of cases when the debt is recognized controlled, expanded.

As well as in relation to controlled debt according to p.

p. 2 - 6 tbsp. 269 \u200b\u200bof the Tax Code of the Russian Federation (taking into account the norms

section 7 - 13 Art. 269 \u200b\u200bTax Code of the Russian Federation). From January 1, 2019, the Federal Law of 15.02.2019 N 25-FZ amended in Art.

269 \u200b\u200bof the Tax Code of the Russian Federation and expanded a list of situations where the debt is recognized controlled (p.

2 tbsp. 269 \u200b\u200bTax Code of the Russian Federation). To date, first of all, it is worth paying attention to the norms of Art.

An exception is loans and loans recognized by controlled transactions, such interest can be included in the costs, taking into account the relevant position of the Tax Code (Section V.1).

Based on the refinancing rate of the Bank of Russia.

The chosen method of accounting for interest on debt obligations should be reflected in accounting policies. At the same time, as explained by the Ministry of Finance of Russia in a letter dated May 5, 2010. The organization has the right to calculate the tax base for income tax take into account expenses in the form of interest on the loan. According to sub. 2 p. 1 Art. 265, paragraph 8 of Art. 272 of the Tax Code of the Russian Federation, regardless of the date of payment, are recognized as part of non-degree expenses: at the date of return of the loan (loan); For the last number of each month during the entire period of use of the loan.

Under what percentage is safe to issue loans to legal entities in 2019

With an interest-free loan, each specific founder can provide its company an interest-free loan, but such an event has a list of characteristic nuances.

The Agreement may also include various additional conditions relating to the provision and objectives of the loan, the order of early repayment or the extension of the term and others. The date of recognition of interest in taking into account if the organization applies the OSN, then interest on loans in non-degree costs are recognized as follows:

In accordance with the date of return of the bribe or loan;
In the last number of month, monthly all life of the loan.

For organizations applying the USN order of other. Interest is recognized as part of the costs in accordance with the date of their payment.

Interest of the company that provided a loan of the company that provided a loan or a loan should take into account interest in non-dealer income. If the company applies the OSN, then interest is recognized in the manner and amount provided for accounting.

As for the "simplists", they take into account interest on the fact of obtaining funds on them and in the amount paid by credited. The money obtained on credit or as a loan to take into account the costs and income cannot be. However, interest that is paid on the loan may be taken into account in non-dealerization costs.

At the same time, the taxpayer should understand how to correctly calculate the accounted amount percentage and what date it should be done. The article will consider in detail the accounting and tax accounting of interest on loans and loans in 2019. If it goes beyond these indicators, then apply the rationing method, section V.1 of the Tax Code of the Russian Federation (read also an article ⇒ controlled transactions).

Minimum interest rate under the loan agreement

This is how these rates on ruble loans look like:

after January 1, 2019 - from 75 to 125% of the key rates of the Central Bank of the Russian Federation.
for the period from January 1 to December 31, 2015 - from 0 to 180% of the key rates of the Central Bank of the Russian Federation;

According to loans in the currency, rates are valid based on EURIBOR, SHIBOR, LIBOR rates on the conditions recorded in the sub. 2-6 p. 1.2 Art. 269 \u200b\u200bNK RF. Under the contract, the borrower is transferred not to money, but other things defined by generic signs.

"Civil Code of the Russian Federation (Part Two)"

from 01/26/1996 N 14-ФЗ (ed. from 06.04.2015, with change of 07.04.2015) The right of the lender to receive interest from the borrower on the amount of the loan is established by P.

1 tbsp. 809 of the Civil Code. This norm is dispensative, so the parties can harmonize the size of the payment for the use of the loan not only as a percentage of the loan amount (or its parts), but also in a solid amount. It is better to issue an interest-free loan founder. There will be no income and expenses from the parties.

Under the condition that the physical face trusts the office by 120%.)) In accordance with the Treaty, make money in the cash office of the office, issue a visit.

to carry out money on accounting on account 66 (but I am not in account of accounting) I'm still interested in interest. Can I specify for example 9% as the refinancing rate and a penalty 0.01% of the debt amount.

Discussion of concrete terms of the transaction should be through negotiations until the contract is concluded. The absence of an agreement on interest in the text of the Agreement does not make it automatically interest-free, which is referred to in Article 809 of the Civil Code of the Russian Federation. Disciplinary Cancellation 2019 Personnel Detooling 2019 Changes for Lawyers 2019 © 2009-2019 Financial Management Center.

Publication of materials is permitted with a mandatory indication of the link to the site.

Contacts Legislation indicates that the lender does not undertake to transfer funds, but transfers them.

Duration of the document The term of the contract is its one of the most important conditions, because after this time, the borrower must return the size of the loan in full, which received when signing the contract. There are cases that the period of the agreement was not specified at the conclusion of the contract.

How to draw up a loan agreement between legal entities

The agreement between legal entities is in writing. The contract indicates significant conditions - without them the court recognizes the agreement invalid. In order not to risk, it is necessary to compile a contract in a notarial office - a notary will make sure that the document is competent from the point of view of the law.

You can take not only money, but also goods, raw materials, property. In this case, the parties make up a list of property and describe in detail its name, quantity and features. The borrower returns exactly the same thing that occupied. Paying money instead of property cannot be paid - the tax will consider such a purchase and sale transaction and oblige the lender to pay income tax.

Company executives indicate such significant conditions in agreement:

names, legal addresses and details of organizations;
that it is the lender who learn the borrower and in what quantity;
when the borrower is calculated with the lender and how.

It is necessary to accrue the lender percentage of monthly - the parties decide themselves. It is possible to pay on debt monthly, quarterly, one translation at the end of the term of the contract. The borrower transfers cash to the creditor, transfers money to the current account or sends on bank details.

What is important to know about the loan agreement between legal entities

The company has the right to issue no more than four loans throughout the year. To give a long fifth time, you need to make a license for credit activities. If this is not done - the company's management falls under criminal liability under Article 172 of the Criminal Code.

Cash can be issued no more than 100,000 rubles. Larger loans need to be carried out on a settlement account or send on bank details. If the entrepreneur wants to lend 200,000 rubles in cash and draws up two contracts for 100,000 rubles, risks paying the fine. The amount of the fine for Jurlitz is up to 50,000 rubles.

Loans Over 600,000 Parties register in the Federal Financial Monitoring Service. To do this, go to the service site and fill out the form. If the company hides a large loan, pays a fine. Jurlso is fined for 200,000 rubles, the general director is 20,000 rubles.

Money that the entrepreneur receives under the loan agreement between legal entities can only be spent on business. For example, an entrepreneur can pay off the company's debt in front of the state, but not his own loan. If the business owner or the general director spends borrowed money for himself, risks fines and penalties or suffer under criminal liability.

Loan and interest

Clause 1 of Article 807 of the Civil Code of the Russian Federation establishes that the borrower at the conclusion of a loan agreement must be transferred to the borrower of money or things that it subsequently must return in full. Thus, it follows from the provisions of this item that the legally significant conditions of the loan transaction are questions about the loan (money or things) and the need to return the property taken into debt.

Interest for the use of the loan under Article 809 of the Civil Code of the Russian Federation

The absence of an agreement on interest in the text of the Agreement does not make it automatically interest-free, which is referred to in Article 809 of the Civil Code of the Russian Federation. In this situation, it will only be indicated in paragraphs 1 and 2 of Article 809 of the Civil Code of the Russian Federation, the procedure for their definition. According to the provisions of these items, the borrower will need to pay interest every month of use of the proof of the lender in the amount determined on the basis of the refinancing rate of the Central Bank of the Russian Federation at the time of the payment of payment or its part.

However, it is worth mentioning about a special case when the loan is not money, but things. In such a situation, according to paragraph 3 of Article 809 of the Civil Code of the Russian Federation, in the absence between the parties an agreement on interest Agreement is automatically expected to be interest.

Interest in the early loan return

Maximum percent size, minimum interest rate, change (decrease or increase) Payments for the use of loan

In compiling a loan agreement, it is necessary to remember that the norms of the Civil Code of the Russian Federation the limit amount of interest for the use of the lender means is not determined. This position also confirms the provisions of Article 12.1 of the Law "On Microfinance Activity ..." of 02.07.2010 No. 151-FZ, which determine that restrictions on the multiplicity of interest in relation to the principal amount of the loan (for the limit amount of interest) exist only with respect to citizens borrowers and do not apply to the organization.

As for the minimum percentage of the loan agreement, there is no such restriction in the legislation. Moreover, clause 1 of Article 809 of the Civil Code of the Russian Federation assumes that the loan can be interest-free, that is, free for the borrower.

Changing the magnitude of interest

Incompretation of the loan and payment of interest with the receipt - the consequences under Article 811 of the Civil Code of the Russian Federation

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Interest Tax

When making loan transactions, the borrower does not need to pay VAT and income tax. These provisions are enshrined in paragraph 12 of Article 270 of the Civil Code of the Russian Federation. Similar rules apply to the lender upon returning to him taken in the loan of money or things. However, the use of borrowed funds (things) is used in a completely different order regarding interest - both penalty and ordinary.

Yu.V. Kapanina, certified tax consultant

Loans and loans: "profitable" accounting interest

How to take into account income and expenses when issuing / receiving loans

Mentioned in the article Letters of the Ministry of Finance can be found: section "Financial and Personnel Consultations" Systems ConsultantPlus

Companies do not always have their own funds for conducting activities. Sometimes you have to occupy money from the bank, founder or other company. And as in this case, consider when calculating the income tax arising debt obligations to both parties of the transaction, you will learn from our article (we will consider accounting from companies that apply ones).

Under debt obligations are subject to loans, including commercial and commercial, loans or other borrowing, regardless of the method of their design (for example, bill, bonds and) p. 1 Art. 269 \u200b\u200bNK RF. Next, we will call all types of debt obligations of loans.

How to consider "profitable" income and expenses

On issued or received loans income and expenses will not be the amount of the loan itself, but interest due to ledents sub. 10 p. 1 Art. 251, paragraph 12 of Art. 270, p. 1 Art. 269 \u200b\u200bNK RF.

At the lender. The resulting interest is included in the composition of non-revenue income taxable p. 6 art. 250 NK of the Russian Federation. If the term of the loan agreement accounts for more than one reportable (tax) period, then interest income is taken into account for the last number of each month, regardless of the date or terms of their payment provided for by the Treaty, as well as on the date of termination of such a contract (return of the loan A ) p. 6 art. 271, para. 3 p. 4 tbsp. 328 NK RF.

Until January 1, 2014, in a situation where, under the terms of the contract, interest was charged and paid at the same time at the end of the term of the loan agreement, the lender had disputes about the inclusion of interest in non-deactive income. Judges in such disputes occupied the side of taxpayers. They believed that interest on loan should be taken into account in income in the period of their preparation established in the contract Determination of you from 01/15/2014 № you-19281/13; Resolution of the FAS TSO of 08/01/2013 No. A68-8200 / 2012; FAS software from 11/19/2013 No. A57-1470 / 2013.

At the borrower. Similar provisions concern and expenses. Thus, expenses in the form of interest (including interest on loans attracted to the acquisition (creation) of fixed assets) are taken into account by the borrower when calculating income tax in non-dealerization expenses for the last number of each month during which the company used borrowed money, as well as on the repayment date Loan A.