with interest represented by a person acting on the basis, hereinafter referred to as " Lender", On the one hand, and in the person acting on the basis, hereinafter referred to as" Borrower", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Lender provides the Borrower with a loan in the amount of rubles, and the Borrower undertakes to return the loan amount to the Lender and pay the accrued interest for using the loan in accordance with the terms and conditions established by this agreement.

1.2. The interest rate for this agreement is% per annum.

1.3. Interest for using the Loan is calculated based on the actual number of calendar days of using the loan, while the actual number of calendar days in a year (365 or 366) is taken as the base, and the number of settlement days in a month corresponds to the actual number of calendar days in a month.

1.4. The period of interest accrual for the use of the loan starts from the day the Lender actually disburses the loan amount to the Borrower or transfers the loan amount to the specified account of the Borrower and ends on the day when the Loan is returned to the Lender. The borrower undertakes to pay the accrued interest on the loan on a monthly basis, no later than the last working day of the month.

2. TERMS OF ISSUE AND PROCEDURE OF REPAYMENT OF THE LOAN

2.1. The loan is provided on the basis of this agreement.

2.2. The loan is provided by issuing the loan amount from the Lender's cash desk or by transferring the loan amount to the specified account of the Borrower.

2.3. The Borrower has the right to repay the debt on the Loan and (or) interest for its use by depositing cash into the Lender's cashier or transferring the amount of the debt in a non-cash form to the Lender's settlement account;

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Lender undertakes to ensure the provision of the loan within working days from the date of signing by the parties of this agreement.

3.2. The Lender undertakes to provide the Borrower with a loan under the terms of this agreement.

3.3. The Lender undertakes to advise the Borrower on all issues related to the execution of this Agreement.

3.4. The Borrower undertakes to repay the loan and pay interest for using it within the terms specified in this Agreement and in full.

4. PAYMENT OF DEBT

4.1. The Borrower shall repay the Loan in accordance with the terms established by this Agreement.

4.2. The Borrower has the right to repay the Loan ahead of schedule.

4.3. If the Borrower makes final early repayment of the Loan, the Borrower must repay all accrued interest simultaneously with the repayment of the principal debt on the Loan.

4.4. The date of repayment of any payments shall be the date of actual receipt of funds to the respective account (accounts) of the Lender or the date of the payment of the amount owed to the cashier of the Lender.

4.5. If the Borrower misses the maturity of any payments, the outstanding debt is accounted for as overdue debt with interest accrued at the Increased interest rate from the date of its occurrence.

4.6. Overdue debt is considered urgent (priority) for repayment at any time.

4.7. The debt to the Lender is repaid in the following order:

• penalty penalty;
• overdue interest on the Loan;
• overdue principal debt;
• term interest on the Loan;
• debt on urgent principal debt.

5. PROCEDURE OF ENSURING OBLIGATIONS OF THE BORROWER

5.1. In order to ensure the repayment of the Loan, the Parties undertake to conclude Security Agreements and provide for other security measures.

5.2. Interim measures include: mortgage of real estate; pledge of vehicles; pledge of rights of claim, including securities; provision by the Borrower to the Lender of the right to extrajudicial foreclosure directly on the subject of the pledge provided for in the Security Agreements; surety; bank guarantee; withholding of pledged items and funds belonging to the Borrower; other measures agreed by the Parties.

5.3. The Lender has the right to choose the methods of securing obligations under this Agreement and their assessment.

5.4. The property collateral of the Loan, taking into account liquidity, must cover the principal debt and accrued interest. In the event of an increase in urgent debt or the occurrence of overdue debt, the Borrower is obliged to increase the collateral to the required size and quality.

5.5. The Security Agreements signed in pursuance of this Agreement are in effect in conjunction with it and are inseparable from it. Simultaneously with the signing of this Agreement, the Surety Agreement No. from "" 2020 and (or) the Surety Agreement No. from "" 2020 are concluded to secure it. In the event of an increase in the security, the newly concluded contracts are indicated in the Agreements.

5.6. In the event of deterioration in the physical qualities of the pledged item or other loss of liquid qualities, like any other security measure, the Lender has the right to demand a replacement of the security method and choose it at his own discretion.

6. TERM OF THE CONTRACT

6.1. The term for using the loan is days from the date of the actual issue by the Lender of the loan amount to the Borrower or transfer of the loan amount to the specified account of the Borrower. The Borrower undertakes to make the final settlement on the payment of the loan amount and accrued interest for the use of the loan to the Lender by 2020.

6.2. This agreement comes into force from the moment the Lender actually disburses the loan amount to the Borrower or transfers the loan amount to the specified account of the Borrower and is valid until its full repayment and payment of the accrued interest for using it.

7. EARLY FULFILLMENT OF OBLIGATIONS

7.1. In case of early repayment of the loan, the Borrower is obliged to notify the Lender of the early repayment no later than working days in advance.

7.2. In case of early repayment of the loan, the interest for the use of the loan is paid by the Borrower for the actual period of use of the loan.

8. LIABILITY OF THE PARTIES

8.1. If the Borrower violates the terms established for making the next payment to return the loan and paying the accrued interest for using it, the Lender has the right to terminate the agreement and demand from the Borrower an early repayment of the loan amount and payment of the interest due for using the loan.

8.2. From the moment the overdue debt under the Loan arises, the Borrower shall pay the Lender increased interest for the use of the overdue Loan in the amount of% per annum (hereinafter - increased Interest).

8.3. Increased Interest is accrued on the amount of the overdue Loan from the date of occurrence of the overdue loan until the day of full repayment of the overdue Loan.

8.4. In the event of late payment of Interest, the Borrower shall pay the Lender regardless of the payment of Interest provided for in clause 1.2. of this Agreement, forfeit in the amount of%, calculated on the amount of the overdue payment of Interest for each day of delay, from the date following the date of the delay to the date of its repayment (inclusive).

8.5. The Borrower's obligations to repay the Loan and pay the Interest (including the increased interest) shall be deemed fulfilled in full from the date of receipt of funds to the settlement account and (or) to the Lender's cashier.

8.6. With the consent of the Lender, the Borrower's obligations to repay the Loan and to pay Interest may be fulfilled in other ways that do not contradict the current legislation of the Russian Federation.

8.7. In the event that the Borrower has violated the deadline established for making the next payment to repay the loan and paying the accrued interest for using it, and the Lender has not exercised the right provided for in clause 7.1. of this agreement, the Borrower is obliged to pay the Lender interest for the use of the loan, calculated according to the rules provided for in clauses 1.2-1.5 of this agreement for the entire actual period of use of the loan.

8.8. The Borrower shall reimburse the Lender for all costs associated with the collection of debt under this agreement.

8.9. The refusal of the Borrower to repay the debt on the return of the loan and to pay the accrued interest for using it or the violation of the terms of repayment of the borrower's debt, established by this Agreement, serves as the basis for limiting it in the possibilities of further borrowing.

9. FINAL PROVISIONS

9.1. In everything that is not reflected in this agreement, the parties will be guided by the current legislation of the Russian Federation.

9.2. The date of fulfillment of obligations under the agreement by the Borrower is the date of full repayment of the debt on the return of the loan and payment of the accrued interest for using it.

9.3. All disputes and disagreements arising during the validity of this agreement, the parties will try to resolve through negotiations.

9.4. If the dispute is not settled, then it is subject to resolution in the manner prescribed by the current legislation of the Russian Federation.

9.5. Changes and additions to this Agreement are carried out in the manner prescribed by the current legislation.

9.6. This agreement has been drawn up in two copies of equal legal force, one for each party.

10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Lender

Borrower Yur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account: BIK:

Yu.V. Kapanina, Certified Tax Consultant

Loans and borrowings: "profitable" interest accounting

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

The Letters of the Ministry of Finance mentioned in the article can be found: section "Financial and personnel consultations" of the ConsultantPlus system

Companies do not always have enough of their own funds to conduct business. Sometimes you have to borrow money from a bank, founder or other company. And how, in this case, to take into account the arising debt obligations to both parties to the transaction when calculating income tax, you will learn from our article (we will consider accounting for companies using OSNO).

Debt obligations are understood as loans, including commodity and commercial loans, loans or other borrowings, regardless of the method of their registration (for example, bills of exchange, bonds, etc.) clause 1 of Art. 269 ​​of the Tax Code of the Russian Federation... In what follows, we will refer to all types of debt obligations as loans.

How to account for "profitable" income and expenses

For loans issued or received, income and expenses will not be the loan amount itself, but interest due to the lender. sub. 10 p. 1 art. 251, paragraph 12 of Art. 270, clause 1 of Art. 269 ​​of the Tax Code of the Russian Federation.

From the lender. The interest received is included in the non-operating income taxed on profits clause 6 of Art. 250 Tax Code... If the term of the loan agreement falls on more than one reporting (tax) period, then income in the form of interest is accounted for on the last day of each month, regardless of the date or timing of their payment stipulated by the agreement, as well as on the date of termination of such an agreement (loan repayment) ) clause 6 of Art. 271, para. 3 p. 4 art. 328 of the Tax Code of the Russian Federation.

Until January 1, 2014, in a situation where, under the terms of the agreement, interest was accrued and paid in a lump sum at the end of the loan agreement, the lender had disputes about the moment of including interest in non-operating income. The judges in such disputes took the side of the taxpayers. They believed that the interest on the loan should be taken into account in income in the period of their receipt, established in the contract e Determination of the YOU dated 15.01.2014 No. VAS-19281/13; Resolution of the FAS TsO dated 01.08.2013 No. A68-8200 / 2012; FAS PO dated 19.11.2013 No. A57-1470 / 2013.

From the borrower. Similar provisions apply to costs. So, expenses in the form of interest (including interest on loans attracted for the acquisition (creation) of fixed assets) are taken into account by the borrower when calculating income tax in non-operating expenses on the last day of each month during which the company used borrowed money, as well as on the date of repayment loan a

Interest loan between legal entities - an agreement according to which the lender (lender) transfers to the borrower a certain amount of funds or other values ​​on the conditions that the debtor will return them (amount, values) in accordance with the signed agreement.

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Such transactions are supported by relevant documents. The loan agreement has a lot of nuances and in order to avoid typical mistakes, it is better to draw it up with a lawyer. Often, transactions are concluded with additional conditions, for example, with the involvement of a pledge or surety of the founders or director.

Lending terms

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

• lending to a subsidiary;
• provision of a loan to one of the enterprises included in the holding;
• issuance of a loan for the release of products and further settlement with this product.

Absolutely all lending conditions (interest rate, period, size, loan granting and repayment scheme) are negotiated on an individual basis.

When concluding a deal, you must sign a loan agreement. The form of a standard contract is free, but there are a lot of nuances that an experienced lawyer should better deal with.

For example, if money or valuables are transferred at a certain percentage, this must be stated in the document, otherwise, the lender has the right to demand payment of interest, the amount of which will be equal to the refinancing rate as of the current date. The tax authorities may also have questions.

Registration

The registration procedure will not take much time if all the clauses of the agreement are agreed and options are found that satisfy both parties.

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

Profitable offer

Interest-bearing loans between legal entities are a demanded service. Provide similar loans to partner companies, subsidiaries, less often - to unrelated business entities.

Credit conditions are negotiated individually and depend on many factors:

Interest-bearing loan agreement between legal entities

Without fail, a written contract is drawn up between legal entities. It is not necessary to notarize the document. At the discretion of the parties, a receipt for the transfer of the agreed amount of funds can be drawn up.

Please note that the loan is considered repayable by default, unless otherwise specified in the transaction.

A transaction is considered to be interest-bearing, unless it indicates that it is interest-free. If the rate is not signed, the borrower will still pay interest at the refinancing rate.

All clauses of the agreement are prepared for the specific requirements of both parties, if there is disagreement, a protocol of disagreement is prescribed.

Tax implications

All operations under an interest-bearing loan agreement on the part of the client (borrower) are not taxed.

For the lender, everything is not so simple, it is necessary to correctly draw up the documents. To minimize the claims of the tax authorities, the rate should be specified in the document.

Postings

Any legal entity can provide or receive interest-bearing loans (unless otherwise prescribed by the Charter or legislation). The crediting period for such loans can be different: short, medium and long term.

If a loan is obtained for a short period, that is, up to one year, then accounting must be kept on account 66. The money can be withdrawn in cash or by transfer to the account.

Accounting entries should be made as follows:

• Dt 50 (51.52) - CT 66 - obtaining a loan.

Repayment, reverse posting:

• Dt 66 - Kt 50 (51.52) - debt repayment.

Additional costs associated with receiving money are charged to account 91 (Dt91 - Kt 66).

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

At the refinancing rate

The payment for using the loan is determined on an individual basis and is prescribed in the agreement. If the document does not indicate the rates (there is no specific percentage and it is not stated that the loan is interest-free), then the loan payment is determined automatically and is equal to the refinancing rate on the day the borrower pays the amount of the debt.

Please note that in 2020 the refinancing rate is 10.5% per annum.

Interest rates

The fee for using the loan is set at the discretion of the parties. There are no restrictions on this point in the legislation.

But it is worth remembering that the rate must be indicated in the contract, otherwise interest must be charged at the refinancing rate.

If a loan between legal entities is interest-free, it must be specified in the contract. If you do not indicate in the documents that the loan is interest-free, the accrual will be made at the refinancing rate.

The documents

To receive money, both parties to the transaction sign a loan agreement, as well as, if such documents are required: a protocol of disagreements, additional agreements, a payment schedule.

When receiving funds in cash, the borrower writes a receipt for the receipt of funds. Such transactions do not require notarization.

To conclude this agreement, you need:

• the articles of association of both companies;
• passports of persons authorized to sign such documents;
• orders for the appointment of persons entitled to sign on financial documents;

• cards with samples of signatures of persons authorized to sign financial documents.

Requirements for recipients

Requirements for the recipient are determined individually. Standard lending terms - the borrower's solvency. At the legislative level, there are no prohibitions on obtaining a loan from one legal entity from another.

Also, the Charter of the enterprise should not contain any prohibitions on such actions. The borrower must use the money received for the purposes that are determined by the loan agreement.

Debt repayment

Repayment of an interest-bearing loan is made, in accordance with a previously signed agreement, one-time or in parts. If the transaction stipulates a one-time repayment, then the contract provides for the final date for the return of funds.

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

The borrower will be able to repay the loan in the ways that are prescribed in the contract, for example:

• through the cashier of the lender in cash;
• by bank transfer to the current account;
• money transfer to the borrower's account.

Timing

The parties independently decide for how long the loan is granted. The legislation does not limit the period of lending; between legal entities, a loan can be issued for a period from 1 day to 50 years.

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

Under the loan agreement, the lender transfers funds or other things to the borrower's ownership, and the borrower undertakes to return the same amount of money or things to the lender in the same amount (Clause 1, Article 807 of the Civil Code of the Russian Federation). At the same time, the law does not limit the circle of persons acting as borrowers or lenders, respectively, a legal entity has the right to issue loans to another legal entity.

In accordance with paragraph 1 of Art. 49 of the Civil Code of the Russian Federation, commercial organizations, with the exception of unitary enterprises and other types of organizations provided for by law, may have civil rights and bear civil obligations necessary to carry out any types of activities not prohibited by law.

Thus, civil law does not contain a prohibition on the conclusion of loan agreements between organizations. The terms of the loan are determined by the norms of the Civil Code of the Russian Federation and the content of the agreement concluded by the parties.

In addition, based on the content of Art. 809 of the Civil Code of the Russian Federation, the company has the right to set the interest rate for the use of money.

When registering an interest-bearing loan, the company itself determines the amount of interest. In the absence of the amount of interest directly and provided that the parties designated the agreement as interest, the interest on the loan of the legal entity is set based on the bank interest rate (refinancing rate) in force at the place of its location on the day the borrower pays the amount of the debt or its corresponding part. The agreement may establish the absence of obligations to pay interest. Thus, the civil legislation does not establish direct prohibitions on registration and interest-free loans between legal entities.

Let us dwell on the issue of taxation of such a transaction, since this is a very important aspect and companies need to own this legal information.

In terms of tax legal relations, it turns out that the lender company makes a profit in the form of interest by issuing an interest-bearing loan to another company. This income increases the taxable base for the payment of income tax. The borrowing company, on the contrary, reduces the taxable base by the amount of interest paid.

It is important to remember that if an interest rate is established in the agreement that does not coincide with the values ​​specified in Art. 269 ​​of the Tax Code of the Russian Federation, the tax authority may charge additional tax on the lost income to a party that has lost income due to a decrease in the interest rate. And in the case of an increase in the interest rate in comparison with the values ​​specified in Art. 269 ​​of the Tax Code of the Russian Federation, the tax authority for the purposes of calculating income tax may not recognize the amount received in terms of such an excess as an expense.

In addition, if the loan agreement has signs of a controlled transaction (Article 105.14 of the Tax Code of the Russian Federation), then a corresponding notification must be sent to the tax authority indicating the amount of accrued interest in accordance with accounting data.

If there is a condition in the loan agreement on the payment of interest, such interest is recognized as non-operating income (clause 6 of article 250 of the Tax Code of the Russian Federation), and loans - debt obligations (clause 1 of article 269 of the Tax Code of the Russian Federation). These provisions are taken into account for income tax purposes. Thus, the basis for calculating non-operating income under a loan agreement in tax accounting is a valid debt obligation, the terms of which provide for the payment of interest. In accordance with paragraph 4 of Art. 328 of the Tax Code of the Russian Federation, interest received (to be received) by a taxpayer for the provision of funds for use is accounted for as income (expenses) to be included in the tax base, based on a statement of the taxpayer's cash flow in a bank account, unless otherwise provided by this article ...

Since no interest is paid on an interest-free loan, the norm of clause 6 of Art. 250 of the Tax Code of the Russian Federation is not applicable, since there is no income subject to taxation (interest on a current debt obligation). This legal position should be used when the tax authority submits claims for additional income tax assessment (which is often found in the practice of tax authorities when conducting field audits). When concluding loan agreements, the parties have the right (including by virtue of the principle of freedom of contractual relations - Article 421 of the Civil Code of the Russian Federation) both to establish interest payments and not to establish (the main thing is to clearly and unequivocally indicate this in the text of the loan agreement).

It should be noted that, within the meaning of the legal position of the Constitutional Court of the Russian Federation (Decree of February 24, 2004 No. 3-P), neither tax nor judicial control are intended to check the economic feasibility of decisions made by business entities, which in the field of business have independence and broad discretion, since due to the risky nature of such activities, there are objective limits in the ability of the relevant government agencies to identify the presence of business errors in it.

In accordance with the definition of the Constitutional Court of the Russian Federation dated 04.06.2007 No. 320-О-П, tax legislation does not use the concept of economic expediency and does not regulate the procedure and conditions for conducting financial and economic activities. Consequently, the income received cannot be assessed in terms of their expediency, rationality, efficiency or the result obtained. In other words, the tax authority should not demand from organizations that the loan agreements necessarily provide for the establishment of interest for the use of borrowed funds.

Now it is impossible to check the compliance of prices with market ones within the framework of an on-site or in-house audit. Such a prohibition is established in par. 3 p. 1 of Art. 105.17 of the Tax Code of the Russian Federation.

Verification of transactions between related parties is carried out as part of an independent tax audit by the Federal Tax Service of Russia at the place of its location (Article 105.17 of the Tax Code of the Russian Federation).

Nevertheless, in practice, there are quite often cases when the tax authorities, as part of an on-site audit, charge additional income tax on interest-free loans. In this connection, taxpayers often manage to defend their innocence only in court (for example, the resolution of the Fifteenth Arbitration Court of Appeal dated 04.23.2017 N 15AP-13555/2016, 15AP-14101/2016; the Third Arbitration Court of Appeal dated 08.07.2016 in case No. A74 -4459/2015; of the Thirteenth Arbitration Court of Appeal dated 08.23.2016 N 13AP-13581/2016, 13AP-13582/2016).

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The accounting procedure for interest on loans and credits is an issue that worries almost every organization. Consider the current accounting procedure, including touching on the specifics of accounting for interest on controlled transactions. Based on signature. 10 p. 1 art.

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

• on the date of repayment of the loan (loan);
• on the last day of each month during the entire term of the loan.

When applying the simplified taxation system (STS), interest is recognized in expenses at the date of payment (sub.

251, clause 12 of Art. 270, sub. 1 clause 1.1 of Art. 346.15 of the Tax Code of the Russian Federation, operations to obtain and return loans are not included in income and expenses. The organization has the right, when calculating the tax base for income tax, to take into account expenses in the form of interest on a loan. According to sub. 2 p. 1 art. 265, p. 1, p. 2, art. 346.17 of the Tax Code of the Russian Federation). The specifics of accounting for interest on debt obligations are established by the provisions of Article 269 of the Tax Code of the Russian Federation. Debt obligations are understood as loans, commodity and commercial loans, loans, bank deposits, bank accounts or other borrowings, regardless of the method of their registration. As a general rule, on debt obligations of any type, the expense is interest calculated based on the actual rate - for tax purposes, interest is not subject to standardization.

At the same time, the specified 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, the letter of the Ministry of Finance of Russia dated July 15, 2015 N 03-01-18 / 40737).

The situation is different with controlled transactions - interest calculated on the basis of the actual rate, taking into account the provisions of Section V.1 of the Tax Code of the Russian Federation, is recognized as expenses on them. For controlled transactions, the organization recognizes as an expense the interest on the loan, calculated based on the actual rate, if this rate is less than the maximum value of the range of limit values ​​(clauses 1.1, 1.2 of article 269 of the Tax Code of the Russian Federation). These values, in particular, are: Thus, the interest rate on a controlled transaction should not exceed 12.5%.

Leading Legal Counsel of the Tax Consulting and Tax Dispute Resolution Department of KSK Group

Loan interest and income tax 2019

How an organization should take into account interest on loans as part of expenses when calculating income tax after From 2019 to the abolished rationing of expenses in the form of interest on debt obligations for tax purposes.

The client wants to take a microloan in the amount of 20,000 rubles. Interest on a loan accepted for taxation in 2019 is recognized in expenses based on the actual rate. A similar rule applies to income. Income tax is one of the main taxes and fees in the Russian Federation. The circle of its payers is wide enough, but only organizations are included in it. This tax does not apply to individual entrepreneurs. Corporate income tax 2019 - how many and what benefits The base (general) income tax rate is set at 20% (p. from the reduced principal amount) The change in the agreement affects the interest accrued in the 4th quarter of 2015, in 2019 and in the 1st quarter of 2019.

In these periods, they were recorded by the organization on a monthly basis in accordance with the requirements of the Tax Code of the Russian Federation. With the accrual method, interest on debt obligations, the validity of which falls on more than one reporting period, is recognized as an expense on a monthly basis and regardless of the fact of payment (clause 8 of Article 272 of the Tax Code of the Russian Federation). Interest on a debt obligation recognized as controlled debt is accounted for according to special rules.

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

And also in relation to controlled debt in accordance with cl.

p. 2 - 6 Art. 269 ​​of the Tax Code of the Russian Federation (taking into account the norms of cl.

clauses 7 - 13 of Art. 269 ​​of the Tax Code of the Russian Federation). From January 1, 2019, Federal Law No. 25-FZ of February 15, 2019 amended Art.

269 ​​of the Tax Code of the Russian Federation and expanded the list of situations when debt is recognized as controlled (p.

2 tbsp. 269 ​​of the Tax Code of the Russian Federation). Today, first of all, it is worth paying attention to the norms of Art.

The exception is loans and credits recognized as controlled transactions, such interest can be included in expenses subject to the relevant provision 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 have been reflected in the accounting policy. 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 take into account expenses in the form of interest on a loan when calculating the tax base for income tax. 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 non-operating expenses: on the date of repayment of the credit (loan); on the last day of each month during the entire term of the loan.

At what percentage is it safe to issue loans to legal entities in 2019

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

The agreement may also include various additional conditions regarding the security and purposes of the loan, the order of early repayment or extension of the term, and others. Date of recognition of interest in accounting If the organization applies the DOS, then interest on loans in non-operating expenses is recognized as follows:

• In accordance with the date of repayment of the loan or loan taken;
• On the last day of the month, monthly for the entire term of the loan.

For organizations using the simplified tax system, the procedure is different. Interest is recognized as an expense according to the date it is paid.

Interest of the company that provided the loan The company that provided the loan or credit must include interest in non-operating income. If the company applies the DOS, then interest is recognized in the manner and amount provided for accounting.

As for the "simplified", they take into account the interest on the fact of receipt of funds on them and in the amount paid by the borrower. Money received on credit or as a loan cannot be included in expenses and income. However, the interest that is paid on the loan taken can be taken into account in non-operating expenses.

At the same time, the taxpayer must understand how to correctly calculate the accounted interest amount and on what date it should be done. In the article, we will take a closer look at the accounting and tax accounting of interest on loans and borrowings in 2019. If it goes beyond these indicators, then the rationing method should be applied, section V.1 of the Tax Code of the Russian Federation (See also the article ⇒ Controlled transactions).

Minimum interest rate under a loan agreement

This is what these rates for ruble loans look like:

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

For loans in foreign currency, the rates are determined based on the rates of EURIBOR, SHIBOR, LIBOR on the terms fixed in sub. 2-6 p. 1.2 of Art. 269 ​​of the Tax Code of the Russian Federation. under the agreement, not money is transferred to the borrower, but other things determined by generic characteristics.

"Civil Code of the Russian Federation (part two)"

dated 26.01.1996 N 14-FZ (as amended on 06/04/2015, as amended on 07/04/2015) The right of the lender to receive interest from the borrower on the loan amount is established by cl.

1 tbsp. 809 of the Civil Code of the Russian Federation. This provision is dispositive, so the parties can agree on the amount of payment for the use of the loan, not only as a percentage of the loan amount (or part of it), but also in a fixed amount. It is better to issue an interest-free loan by the founder. there will be no income and expenses for the parties.

Provided that an individual trusts the office by 120%.)) In accordance with the contract, deposit money at the office's cash desk, issue a cashier.

spend money on accounting on account 66 (but I'm not a specialist in accounting) I'm still interested in interest. Can I indicate, for example, 9%, as the refinancing rate and a penalty of 0.01% of the amount owed.

Discussion of specific terms of the transaction should take place through negotiations before the conclusion of the contract. The lack of agreement on interest in the text of the agreement does not automatically make it interest-free, which is directly stated in Article 809 of the Civil Code of the Russian Federation. Disciplinary Action 2019 HR Records Management 2019 Changes for Lawyers 2019 © 2009-2019 Financial Management Center.

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

Duration of the document The term of the agreement is one of the most important conditions, because after this time, the borrower must return the amount of the loan in full, which he received upon signing the agreement. There are times when the agreement period was not specified when concluding the agreement.

How to draw up a loan agreement between legal entities

The agreement between legal entities is made in writing. Essential conditions are indicated in the contract - without them, the court will invalidate the agreement. In order not to risk, you should draw up a contract in a notary office - the notary will make sure that the document is literate from the point of view of the law.

You can borrow not only money, but also goods, raw materials, property. In this case, the parties draw up a list of property and describe in detail its name, quantity and features. The borrower returns exactly what he borrowed. It is impossible to pay money instead of property - the tax authorities will consider such a transaction to be a sale and purchase and will oblige the creditor to pay income tax.

The heads of the companies indicate the following essential conditions in the agreement:

• names, legal addresses and details of organizations;
• what exactly the lender lends to the borrower and in what amount;
• when the borrower settles with the lender and how.

Whether it is necessary to accrue interest to the lender on a monthly basis - the parties decide for themselves. The debt can be calculated monthly, quarterly, with one transfer at the end of the contract. The borrower transfers cash to the lender, transfers money to a checking account or sends it to bank details.

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

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

You can give out in cash no more than 100,000 rubles. Larger loans must be posted to a checking account or sent to bank details. If an entrepreneur wants to borrow 200,000 rubles in cash and draws up two contracts for 100,000 rubles, he risks paying a fine. The amount of the fine for legal entities is up to 50,000 rubles.

Loans over 600,000 are registered with the Federal Financial Monitoring Service. To do this, you need to go to the service website and fill out the form. If the company hides a large loan, it pays a fine. The legal entity is fined 200,000 rubles, the general director - 20,000 rubles.

The money that an entrepreneur receives under a loan agreement between legal entities can only be spent on business. For example, an entrepreneur can pay off a company's debt to the state, but not his own loan. If a business owner or CEO spends borrowed money on himself, he risks getting fines and penalties or being criminally liable.

Loan and interest

Clause 1 of Article 807 of the Civil Code of the Russian Federation establishes that the lender, when concluding a loan agreement, must transfer money or things to the borrower, which he must subsequently return in full. Thus, it follows from the provisions of this clause that the legally essential terms of a loan transaction are questions about the subject of the loan (money or things) and the need to return the property borrowed.

At the same time, there is no question of the need to pay compensation to the lender for the use of his 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. Consequently, a loan transaction, in accordance with the requirements of Article 432 of the Civil Code of the Russian Federation, will be considered concluded, even if the issue of interest has not been settled by the parties in the text of the agreement.

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

However, the practice of relations between business entities gives the issues of determining the amount of interest under a loan agreement and paying them key importance, since the main goal of a commercial organization is to make a profit. Consequently, all the subtleties of determining the amount and procedure for paying interest should be carefully reflected in the text of the agreement between legal entities.

Interest for using a 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, having transferred the money to the borrower, acquires the right to receive interest for using them, unless otherwise specified in the agreement of the parties. Thus, a cash loan for an organization is assumed to be compensated in all cases when the text of the agreement does not explicitly state that it is interest-free.

The lack of agreement on interest in the text of the agreement does not automatically make it interest-free, which is directly stated in Article 809 of the Civil Code of the Russian Federation. In this situation, the procedure for their determination indicated in paragraphs 1 and 2 of Article 809 of the Civil Code of the Russian Federation will only operate. According to the provisions of these paragraphs, the borrower will have to pay interest every month of using the lender's funds in an amount determined on the basis of the refinancing rate of the Central Bank of the Russian Federation at the time of transfer of the payment or part of it.

However, it is worth mentioning the special case when the subject of the loan is not money, but things. In such a situation, in accordance with paragraph 3 of Article 809 of the Civil Code of the Russian Federation, in the absence of an agreement between the parties on the issue of interest, the contract is automatically assumed to be interest-free.

Interest on early loan repayment

Articles 809 and 810 of the Civil Code of the Russian Federation closely link with the interest under the agreement another key (but legally insignificant) condition of the agreement - the maturity date of the debt. According to paragraph 1 of Article 810 of the Civil Code, a loan can be urgent (with a fixed date of repayment) or indefinite (in this case, the lender should notify the borrower about the date of repayment of the debt 1 month in advance or at another time specified in the agreement).

It is important to remember that depending on the need to pay interest, the ability to repay the loan early will be determined. So, according to article 810 of the Civil Code of the Russian Federation, if the loan is interest-free, then the borrower has the right to return it ahead of schedule at will.

At the same time, if a transaction between organizations involves the payment of interest, the debt can be repaid ahead of schedule only with the approval of the lender. Such a restriction is determined by the observance of his financial interests, since in case of early repayment of the loan, he will receive a smaller amount of compensation for the use of his money than he expected at the conclusion of the transaction.

Clause 4 of Article 809 of the Civil Code of the Russian Federation states that in case of early repayment of the loan, the borrower is required to pay interest until the date of the actual repayment of the loan, inclusive. Thus, the possibility of repaying the interest-bearing loan ahead of schedule will be determined solely by the financial interest of the lender, who has the right to give permission for early repayment, thereby losing part of the estimated income, or not to give such permission in order to receive the entire amount of interest under the agreement.

Maximum interest rate, minimum interest rate, change (decrease or increase) in the loan fee

When drawing up a loan agreement for an organization, it must be remembered that the norms of the Civil Code of the Russian Federation do not determine the maximum amount of interest for the use of the lender's funds. This position is also confirmed by the provisions of Article 12.1 of the Law "On Microfinance Activities ..." dated 02.07.2010 No. 151-FZ, which determine that restrictions on the multiplicity of the amount of interest in relation to the principal amount of the loan (on the maximum amount of interest) exist only in relation to citizens borrowers and do not apply to organizations.

For reference: a position has developed in judicial practice, the purpose of which is to create conditions for establishing fair and non-profitable interest on credit and loan transactions. As an example, we can cite the definition of the Collegium of the Armed Forces of the Russian Federation of March 29, 2016 in case No. 83-KG 16-2, which states that a loan transaction, despite the principle of freedom of contract provided for in paragraph 1 of Article 421 of the Civil Code of the Russian Federation, should not be clearly burdensome for the borrower. However, this position does not directly affect the rights and obligations of borrowers-organizations when obtaining a loan from legal entities, and therefore can only serve as a guideline, and not an imperative prescription.

It should also be noted that the information on the maximum interest rate published by the Central Bank of the Russian Federation on a quarterly basis is also not directly related to organizations by virtue of Part 11 of Article 6 of the Law "On Consumer ..." dated December 21, 2013 No. 353-FZ, since it is intended only for consumer lending.

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

Change in interest rate

According to paragraph 1 of Article 450 of the Civil Code of the Russian Federation, the parties to a loan transaction have the right at any time during the validity of the contract to change the amount of interest on it, subject to their mutual consent. The unilateral change by the lender 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 already mentioned Federal Law No. 151 (for clients of microfinance organizations).

When making changes, including reducing the amount of interest, the parties should remember that they will enter into force only from the moment of signing an 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 indicate a different procedure for the entry into force of the innovations they have adopted.

In this case, we can also talk about giving the agreement retroactive effect, that is, extending the effect of the changes for the period preceding their approval by the parties. Otherwise, in accordance with paragraph 4 of Article 453 of the Civil Code of the Russian Federation, all interest already paid at the previously concluded rate will remain in effect. For example, the borrower does not have the right to demand recalculation of previously made interest payments if the adopted changes reduce the interest rate.

Untimely loan repayment and payment of interest with a delay - consequences under article 811 of the Civil Code of the Russian Federation

In practice, it is not uncommon for the borrower to timely pay off both the principal loan and the amount of interest accrued for its use. In case of untimely debt repayment, 2 options are possible, depending on whether the parties provide for special sanctions for delay in the agreement or not:

1. If the order and amount of the penalty, in accordance with paragraph 4 of Article 395 of the Civil Code of the Russian Federation, are determined in the agreement of the parties, the rules specified in the agreement apply.
2. If the parties do not determine special sanctions for delayed debt, the provisions of Articles 395 and 811 of the Civil Code of the Russian Federation apply.

According to paragraph 1 of Article 811, in case of non-repayment of the loan, the borrower must pay the so-called penalty interest calculated from the day when he had to fulfill the obligation until the moment of actual settlement.

It is important to remember that penalty interest is charged only on the principal amount of the loan, in accordance with paragraph 5 of Article 395 of the Civil Code of the Russian Federation. Exactly the same position is reflected in clause 15 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 10/08/1998 No. 14. At the same time, their accrual on the amount of interest payable is possible only if the parties directly indicate such a possibility in their agreement, realizing the consequences of this step. In the absence of an indication of the amount of penalty interest payable, the rules of paragraph 1 of Article 395 of the Civil Code of the Russian Federation are applied, according to which the penalty is calculated based on the key rate of the Central Bank of the Russian Federation.

Interest received tax

When registering 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 when returning money or things borrowed to him. However, for the use of borrowed funds (things), a completely different procedure is applied in relation to interest - both penalty and ordinary.

With regard to VAT on interest received 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 transactions are exempt from this tax. Profit tax on the interest received will have to be paid, in accordance with paragraph 6 of Article 250 of the Tax Code of the Russian Federation. The interest received in this case is accounted for as non-operating income.

As for the procedure for calculating tax, then one should be guided by the provisions of paragraph 2 of Article 273 of the Tax Code of the Russian Federation (with the cash accounting method), according to which the moment of receipt of income is the day of receipt of interest in the cashier of the lender. This rule is used both for the one-time payment of the entire amount of interest, and for making payments in installments.

Summing up, we note that the procedure for the payment of interest by the borrower under the loan agreement is not an essential condition of the transaction, but is of great importance, since the legal nature of this kind of agreement presupposes its retribution. That is why the parties should be especially careful when agreeing on the points on interest during the conclusion of the loan agreement.