An interest-free loan can sometimes save the position of the company. His practice is quite common. But, deciding to give or receive a loan, you need to know the rules of the transaction and the tax consequences of this step. Let us consider in detail what constitutes an interest-free loan agreement between legal entities, a sample of its completion and other related issues.
General characteristics of the transaction
An interest-free loan is usually accompanied by a written special contract. Thanks to this practice, partnership and friendships are established between the parties to the contract. Also, as a result of the transaction, legal relations arise. All conditions and agreements should be prescribed and fixed by the contract. A loan without interest is issued for a certain period of time. The term for the return of money by agreement of the parties may be changed in the future.
Particular attention from the tax authorities is given 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 concealing non-target income. Therefore, it is often impossible to practice this type of loan using large amounts (namely 600,000 rubles or more). Otherwise, it will take a very long time to explain the tax and prove their case.
Concluded by legal entities
This type of transaction is very common between companies. At the same time, the borrower should be especially careful and clearly state all repayment conditions in order to minimize risks. For example, the time period when money should be returned is surely prescribed - the deadline. In principle, you can pay off earlier if the borrower is capable. However, when this does not happen, the lender can write a complaint in the deadline, where he will remind you of all the negative consequences if the debtor does not return the money.
Difficult life situations, improper business organization or external factors that have a negative impact can be the reasons why money does not return on time. With inaccurate execution or the absence of a contract as such, you can wait your money for a very long time, and in some cases not wait at all. At the same time, a well-written document will guarantee that the funds will be returned on time.
Loan agreement between legal entities
How to draw up a document in such a way as to protect itself in every way? It is necessary to prescribe the specific consequences that will occur for the borrower if the debt is not repaid. You should also indicate the amount of daily interest for overdue days.
A lender has various ways to protect himself from an unscrupulous borrower. In case of an interest-free loan from the founder, an agreement is also drawn up, in the application of which there should be a schedule for repayment of payments. The parties agree on it together. This option is much more preferable than specifying only the loan maturity.
Sometimes it is advisable to seek professional help from a lawyer, so that he drew up the document correctly, taking into account all the necessary details.
How to insure risks?
Both the general type interest-free loan agreement and the one concluded by legal entities are usually executed only in those cases when the lender is sure of the decency of the borrower. But whatever the contract, it is imperative that it be written in it that the lender does not have a profit goal and will not have it. This will protect him from additional issues from the tax office.
An interest-free loan is not a financial service. It is not aimed at obtaining income from the transaction. For example, a credit institution will not conclude such a deal, otherwise it will have to pay tax. The document under consideration has a lot of subtleties. Before registration, you should at least study a sample interest-free loan agreement between legal entities. And it is better to entrust it to a specialist.
Compilation
An interest-free loan agreement between legal entities, the sample of which will be presented below, is drawn up between two parties: the lender and the borrower. According to him, the first transfers the values in cash or in another form to the other party, and the borrower, in turn, must repay the debt within the specified period.
The fact that the document does not imply interest is reflected in a separate paragraph. Otherwise, by default it will be considered as implying payment of interest, which will be calculated on the basis of the refinancing rate.
Consider the general information that contains an interest-free loan agreement between legal entities. The sample includes the following chapters:
- thing;
- rights and obligations;
- responsibility;
- force majeure circumstances.
All of them are standard for any contract. However, different types provide different information. So, the subject indicates the conditions under which the values are transferred, as well as their size. Additional agreements may be drawn up, according to which parts of the funds provided for by the main document are transferred.
The chapter “Rights and Obligations” describes the transfer of money and its return. The conditions given in it may be changed by additional agreements, which also need to be noted. The liability of the borrower involves the payment of a penalty fee in case he violates the terms of the refund.
Force majeure circumstances, which both parties must notify each other, are taken into account. If temporary insurmountable obstacles appear, the deadlines for fulfilling contractual obligations are postponed. If you extend them for more than two months, you should then conclude a new contract.
The parties undertake not to disclose information. Other persons can learn about the contract only with the consent of all participants. The issues are resolved through negotiations, and if this fails, then on the basis of the legislation of the Russian Federation.
It is made in duplicate, with the full details and legal addresses of the parties, and also, until the borrower fulfills his obligations, an interest-free loan agreement. Sample, shape may be in different versions. The law does not establish strict rules. However, it is in the interests of the parties to formalize it in such a way that disputable situations can be avoided in the future.
Sample interest-free loan agreement between legal entities
Before you - a template document on an interest-free loan. Pay attention to the fact that the most important terms and conditions contain an interest-free loan agreement between legal entities. The sample can be taken by you as a basis for the preparation of such a document.
Taxes
The contracts under consideration are the best option for the redistribution of funds between companies interacting with each other. At the same time, disputes may arise regarding taxes. So, in some cases, income tax or personal income tax can be charged (if one of the parties is an individual).
Under Russian law, a loan agreement can be on a paid basis, that is, with interest accrual, or gratuitous when the borrower only repays the debt.
Interest-free loans are issued to related parties or to third parties. In the first case, risks arise relative to the fact that non-operating income appears , and in the second they are associated with the probability of non-recognition of expenses on payments under the loan agreement due to the fact that the funds from it were used to transfer the loan.
Interest-free loan agreement between individuals and legal entities
There may be situations when one of the parties is a legal entity, and the other is an individual entrepreneur or an individual. In this case, the calculation of taxes takes into account income in cash in the form of the provision of things or material benefits.
An individual entrepreneur will have to pay personal income tax in the amount of 35% for using a non-repayable loan. If the document is drawn up between husband and wife, who are individual entrepreneurs, then you will not have to pay tax. Despite the status of entrepreneurs, they are also supposed to have a joint ownership regime. Therefore, such money cannot be recognized as borrowed.
Features of the conclusion of the transaction
If an interest-free targeted loan agreement is concluded between legal entities and individuals with a condition of pledge, this becomes an additional means of protecting the lender from non-repayment of the debt. Then the party can be calm that even if the borrower cannot return the funds, negative consequences will come for him in the form of alienation of the pledged thing.
The presented form and sample of an interest-free loan agreement between an individual and a legal entity are an example of how the document should be drawn up.