Consider the basic concepts that operate both sides, as well as accountants:

1. The borrowed commitment or loan assumes that the investor (lender) gives a borrower some amount of money or impersonal items in some quantity, and the borrower assumes responsibility to return to a certain period.
   

   A compensation loan means that the person who occupies must pay interest remuneration for the use of them.

   The concluded agreement will be called compensated and in the case when the amount of interest is not prescribed. Then the borrower will be obliged to pay them in accordance with the refinancing rate of the Central Bank, which is relevant on the day of the loan return.

2. An interest-free loan takes place if the parties include a condition that the person does not have the obligations to pay interest.

The classification of loans in accounting is made depending on:

• loan varieties (monetary, natural);
• retribution forms (interest, interest-free);
• whether the counterparty is a physical or legal person;
• deadlines (short-term, long-term).

Main types

If the organizer is the organization, the following types of wiring are distinguished:

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• translation of cash resources to the face that has received borrowed funds;
• interest rate accrual;
• return of borrowed funds.

When the organization becomes a borrower:

• obtaining borrowed funds;
• interest amounts;
• repayment of a credit.

Loans also have their own classification:

• percentage - when the person who took the loan is obliged to pay money in the interest rate;
• targeted - in the contract it is clearly spelled out which goes are taken by a loan. The investor may require money back, if he finds out, they are not used as intended;
• interest-free - when the lender does not require remuneration for the use of the loan;
• commodity - when the borrower gets some kind of goods;
• state - the state takes the duty.

For each type, there is a type of loan agreement.

Interest-free

Interestable loans do not bring economic benefits, therefore are not considered financial investment. For accounting for an interest-free loan, 76-3 "Calculations for Dividend and other income" is used.

The magnitude of natural borrowed resources is determined by the book value of assets that the company has already conveyed or will transmit. If the borrower is an individual, then interest-free loan is taken into account as accounts receivable on account 76-3

What you need to know by concluding a contract

The main legal document regulating the issuance and return of borrowed funds is a bilateral agreement, which is considered to be unilaterally obliging, since the borrower has duties, and the investor has the right.

There are 2 opinions on how interest in the interest income should be calculated. Some believe that it should be considered since the money is received. And operate with the provisions of Article 809 of the Civil Code of the Russian Federation, in accordance with which, the action of the loan agreement begins from the moment when the money is actually transferred.

Supporters of another position, note that in this article states only that the agreement is considered valid from the moment of money transfer, but it has no mention of the day with which it is worth calculating the percentage of the day after receiving money .

At the same time, refer to Article 191 of the Civil Code of the Russian Federation, in which it is indicated that in civil legal relations, the deadlines begin the day after the event. Guided by such a principle, the Bank's employees make an accrual for the next day after the transfer of money.

In any case, so that there are no unnecessary controversial situations, it is better to specify in the document, from which day to accrue interest.

• contracting Parties are individuals, and cash loans do not exceed the amount of 5,000 rubles;
• The loan is not received in the form of money, but in the form of an impersonal items.

Also, in the transaction document it is necessary to note the purpose of borrowing, since taxation will depend on it.

Tax and accounting

Consider how loans are reflected in accounting when the organization acts as a lender and borrower, as well as the features of tax accounting in these cases.

If the lender is an organization:

1. Wiring when the borrower is transmitted. Called VAT for the amount that is paid to the borrower. It is not taken into account in expenses for tax accounting purposes.

The loan from which the organization receives interest income is reflected in the account 58. And interest-free take into account the account 76.

1. Accrual of interest on the loan agreement: wiring. The invoice compiled for a percentage must be labeled "without VAT". Otherwise, the controllers have the right to impose a fine from 10,000 to 30,000 rubles. Accrued interests, when the income tax is calculated, refers to the non-revenue income of the organization every month and on the date when the borrower pays debt.

In accounting interest accruals on a loan transaction should be recognized in income evenly, without reference to when the organization actually gets this money from the borrower.

Consider the situation when the organization itself occupies:

1. Reasonable funds are not included in revenues. If they are taken less than a year, they need to be reflected in the account 66. In the case when the lending period is more than one year, they are reflected in the account 67.
2. Accrual of interest on loan agreement: wiring. These funds in tax accounting include non-evalization costs and are taken into account every month, including on the day of payment of payment. In this case, the limit should not be exceeded. It is equal to refinancing rate, increased by the coefficient of 1.8.

Interest take into account the costs every month, including the day when the company returns money to the lender. If their payment is made by the founder or physical person, it is necessary to hold the NDFL 13%.

In accounting, interest should be reflected in other expenses.

1. Debt repayment. The amount of loan listed by the creditor does not include expenses.

Video: Accounting Rules

Fundamental rules

Consider the principles for which interest is accrued:

1. Accrual happens on money, which are transferred to the borrower. If the debt is given in the form of periodic payments, then interest amounts are accrued for the remaining debt.
2. When the loan is not returned to the agreed date, the interest rate will occur until the debt is actually repaid.
3. Exchange when returning borrowed funds suggests that interest will be additionally accrued on the amount of debt. So indicated in Article 395 of the Civil Code of the Russian Federation. This is a borrower's responsibility measure for violating commitments.

When and how to accrue interest on loan

Parties can choose and indicate in the Agreement Different accrual options:

• Simple option - Percentages are accrued only to a non-refundable loan amount. They are calculated by the formula:

Amount% \u003d amount З * rate% / 365 * Number of days.

Where the amount% is the amount of accrued interest, the sum of the loan amount that must be paid, the rate of% is the interest rate defined by the agreement, 365 is the number of days a year. The number of days is the number of days of the period of the period for which the accrual at the rate occurs.

• Complicated way - When the percentages are and for debt and the amount of accrued, but overdue interests. This option is used to stimulate the borrower to return credit funds in a timely manner.

The lender in the issuance of a percentage loan provides for a contract, as will be charged and in what time frames will pay interest remuneration.

In accounting, it is recognized as:

• other income;
• revenues from ordinary activities.

When the company is engaged in providing loans, interest on the borrowed contract - revenues from the usual activity. They should be taken into account on the loan of account 90 "Sales" and in accounting are reflected in accordance with the terms of the contract. Interests that are recognized as other income companies should be accrued to account 91 (other income and expenses) every month.

How to make wiring on accrued loan interest

When the company is a lender, the wiring is carried out as follows:

If the borrower became an employee:

Accounting wiring when I become a borrower:

The legislative framework

The accrual of interest in the loan agreement is carried out in accordance with the Civil Law of the Russian Federation. The grounds are Article 809, 395 of the Civil Code of the Russian Federation, the Tax Code of the Russian Federation.

Yu.V. Kapanina, certified tax consultant

Loans and loans: "profitable" accounting interest

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

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.

One of the effective ways to attract funds for business development is a loan agreement. Between the two organizations, such a document is made up much faster than bank loan and has an advantage - along with money, the loan object can also receive a commodity expression. The borrower can get from the lender organization several cement cars, fasteners, fuel and lubricants and other goods needed to him for current activities.

What is a loan agreement between legal entities

Such a form of legal relations between enterprises provides an agreement in which one of the parties transfers, and the other - takes the ownership of money or goods. The loan agreement between the legal entities additionally implies that:

• Upon the expiration of the established period, the borrower must return the identical amount of funds or values \u200b\u200b(as many bricks, concrete blocks, etc.).
• Such a service may be paid as a percentage. It is accrued in the same units (that is, money or a specific product), which issued a loan.

Conditions of imprisonment

Legal requirements for issuing a loan between two organizations have their own characteristics that need to be considered when drawing up official documents. It is not necessary to assign an agreement in the notarization office, but this can be done at the request of one of the parties. The legislation states the mandatory written form of the contract. If it is not issued, and the money (or commodity values) is transferred to the borrower, the tax authorities will consider it unreasonable enrichment. Correctly compiled document should:

• Include details of the parties.
• Comply with the legislative standards and requirements, be a multifunctional document providing for all the features of the transaction.
• To avoid disputes, directly contain an indication of the relevance of the transaction - it is necessary or no payment in the form of interest for the service provided.

The moment of entry into force of the contract

The issuance and production of the loan between the legal entities has an important feature that distinguishes it from bank loans. The agreement comes into force only at the time of delivery of money or the goods from the borrower and is valid during the specified period. Such a document can be made in advance in the signatures of the parties. If for some reason the lender does not transmit funds or values, then the Agreement is considered not to be entered into force.

Regulatory legal regulation

Legislative norms of contractual relations between legal entities in obtaining a loan are set out in chapter 42 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation). Articles 807-813 consider issues such as:

• shape of the loan agreement;
• responsibilities of the borrower;
• calculus interest;
• challenging baseline conditions;
• the consequences of non-fulfillment of obligations.

How to make a loan agreement between legal entities

In accordance with the legislation, there are special requirements for documenting such a transaction. The agreement must be written. The content of this document provides special requirements, in the absence of at least one of these items, it may be invalid:

• The amount of lending (is given in numbers and in words).
• The return period of the received funds (if this item is missing, then by default, the loan must be returned in 30 days).
• Interest rate for use (it can be zero with a free loan).
• The order of repayment (partially or completely, is it possible to pay ahead of schedule).
• Special conditions for issuing (availability of collateral, guarantors, etc.).
• The responsibility of the borrower (for example, the size of the penalty).
• Details of the Parties to the Treaty.
• The date (at the same time, the Agreement enters into force on the transfer of funds).
• Signatures of directors of both companies.

Subject contract

In accordance with applicable law there are several types of contracts between the legal entities. The most common are:

• Cash loan. With this service, one organization transmits the other for temporary use of a pre-agreed amount of money. As a rule, this service implies payment - the remuneration of the lender in the form of interest from the amount issued, which is necessarily negotiated in the document. But the situation is also possible when the interest-free loan agreement between legal entities is. This option of designing a transaction along with a visible financial benefit brings more and special issues of tax payments and increased attention of controls.
• Commercial loan. This kind of loan implies that one person receives from the other not funds, but material objects and the mutual settlement also produces in them (for example, a construction organization receives 10,000 concrete blocks from a partner, and after 2 months, by agreement, it returns 10,100 units of the same Products).
• Jam trench. A feature of this type of loan is that a certain agreement is issued not at the same time, and parts as needed, and the borrower saves interest. In essence, this service is identical to several issued loans, but implies a simpler execution, because the agreement here only concludes.

Rights and obligations of the parties

Attentive to the study of the profile articles of the Civil Code of the Russian Federation before the loan agreement between legal entities will be signed, will relieve the lender and the defendant from unpleasant surprises. One of the most common mistakes is the opinion that if the lending rate is not documented, the loan obtained is interest-free.

By law, everything is completely wrong. Article 809 of the Civil Code of the Russian Federation says that if the agreement does not contain instructions on the actual interest, they are equal to the refinancing rate of the Central Bank of Russia at the time of debt pay. Payment of lending services in this amount (for example, for April 2018, the specified value is 7.25%) will not always be comfortable to the borrower. It will be much better to indicate in advance in the agreement the amount of the rate, or clearly designate that the loan is interest-free.

Responsibility of side

The loan agreement concluded between the legal entities must necessarily include a description of the sanctions that apply to the creditor in violation of the duty repayment time. Depending on the terms of the transaction, the amount may be returned:

• fully;
• in parts;
• with the initial payment of interest every month or quarter.

The size of the fine depends on the time delay time. For the borrower, it is beneficial for the calculation of the penalty not to the entire amount of lending, but only on the unpaid / delayed part. The specificity of such lending is that the conditions here are not so severe, as under bank lending, and often penalties are not applied if the delay:

• has a short time (several days);
• it is one-time;
• determined by a good reason, and the lender has no complaints.

Fors major circumstances and dispute resolution

Many borrowers believe that such an item is necessary for the contract, because it once again protects their rights if the circumstances of force majeure (natural disasters, social disturbances, etc.). But enough of the usual reference to Article 401 of the Civil Code of the Russian Federation, where force majeure circumstances and the responsibility of the parties to the transaction are considered. Wherein:

• In the presence of emergency and unpredictable circumstances, which are no interference to fulfill obligations, the Party not fulfilled the obligation is considered innocent.
• The specified article of the Civil Code of the Russian Federation specifically emphasizes that the lack of money from the debtor cannot be qualified as a force majeure.
• The agreement may provide for the guilt of the borrower in all cases of violations in debt payment (without any mitigating circumstances), but this provision can be easily challenged in the arbitration court.

Termination of the contract

As a general rule, the obligations of the borrower are considered fulfilled at the time of the final debt payment (including if it is done early). With this state of affairs, the agreement terminates, but in some cases it can be terminated until the loan repayment. Such situations include violation of loan repayment conditions, for example:

• lateness with the timing of monthly contributions on schedule;
• refusal of interest payments;
• change target conditions, etc.

Classification

According to Chapter 42 of the Civil Code of the Russian Federation, loans between legal entities can be divided into several species. The classification takes into account different signs (the presence / lack of interest, the freedom of the borrower in the use of funds, etc.), so the same agreement can simultaneously relate to several species. The table shows the classification according to the legislative standards:

The contract of interest-free loan between legal entities

The features of the design of this document are based on Article 809 of the Civil Code of the Russian Federation. At the same time, the contract is initially interest, if:

• the subject of the loan is things;
• the amount of lending does not exceed 50 minimum wages (minimum wage);
• receiving funds is not related to commercial activities.

For the borrower will be convenient mention in the agreement of the interest-free nature of the provision of services. Otherwise, the lender remains the opportunity to demand the payment of interest at the refinancing rate of the Central Bank of the Russian Federation, which is why the debtor should think about the maximum security and prepare evidence of the design of the transaction. The limits do not exist for such a service (except that cash can be transferred to no exceeding 100,000 rubles.

If the amount of interest-free lending is equal to or exceeds 600,000 rubles, then, according to legislation, such transactions are subject to compulsory state control. This is done in order to prevent the legalization of income obtained by criminal, anti-corruption and terrorism. One of the parties to the Treaty should report a transaction to the Federal Service for Financial Monitoring. It is important that the permanent issuance / obtaining interest-free loans implies a thorough state control regardless of the actual amount of lending.

Interest loan agreement

In most situations, the transfer of money or commodity values \u200b\u200bto the debt implies remuneration. The interest loan agreement between legal entities implies payment of the service provided in a predetermined amount (the default is the refinancing rate of the Central Bank of the Russian Federation). This implies an increase in the amount of debt per fee. Accrual interest is in the same means / values \u200b\u200bas the loan issued (for example, cement bags or US dollars).

Money loan between legal entities

This form of contractual relationship implies issuance for a certain period of financial resources. The most common option is to charge the remuneration for this service in the form of accruals at a pre-agreed rate, but an interest-free loan is possible. The magnitude of the percentage may not be specified (in this case, the borrower may require payments to the size of the refinancing rate of the Central Bank). In order to avoid misunderstandings, the Parties are better to clearly prescribe in the agreement / lack of remuneration for the service.

Trade loan agreement

An important condition for such a form of a contract between legal entities is that the means of lending is not money, but material values \u200b\u200b(construction equipment, parts, etc.). It is significant that the goods are transferred to the property of the borrower, and on the occurrence of the agreed period, it must provide the creditor to identical objects (that is, the temporary use of items is excluded). Depending on the terms of the agreement, the debt refund is carried out in the same quantity or in an increased amount (with the addition of interest remuneration).

Tractor Trank

In commercial activities, situations are possible when not the entire amount is required, but only its part (for example, a store for a weekly order and purchase of goods). In this case, the debtor is unprofitable to receive a loan entirely, because it will increase interest accrual for money that will not be used. Enumeration of individual parts of the amount (trenches) will reduce the overpayment.

An option for this service will receive several loans as needed, but it is inconvenient due to the fact that every time you need to conclude a new contract. With a loaf of tranches, the procedure for its signing is carried out only once, and each new amount is issued as an additional agreement. The rest of the agreement has the same composition as for other types of loans between the individuals.

Tax Features

The loan agreement between legal entities has nuances in the design of fiscal payments for each of the parties - these issues are governed by the Tax Code of the Russian Federation (Tax Code of the Russian Federation). According to Article 146 of this document, the funds provided in the form of a loan are not subject to fiscal payments. At the same time, the situation is common when the employees of the Federal Tax Service (FTS) see the profit (the so-called non-realization revenue) in the contract of interest-free loan due to unpaid interest, demanding payments from savings.

In practice, the borrower can oppose this requirement to the wording from Article 41 of the Tax Code of the Russian Federation, which states that the income is material benefit. Install it in the event of savings, with an indefinite interest rate problematic, so the recipient of the loan is exempt from income tax. In controversial situations, the question should be challenged in court. With a paid loan agreement, the amount of interest on the Tax Code of the Russian Federation is considered a service fee (refers to expenses in the preparation of reporting) and also not subject to fiscal payments.

When lending in cash, under Article 149 of the Tax Code of the Russian Federation, the lender is exempt from value added tax (VAT). If the loan is issued in a commodity / real form, the payment of VAT is required (it should be given in the invoice). Obtaining a lender of interest from the loan issued implies mandatory attribution to the category of income with the payment of income on the law.

The order of repayment and payment of interest

A properly compiled loan agreement between legal entities should contain a section where it says how the borrower will pay. The most common is the option when the entire amount is paid into a predetermined interval, and accrued interest is added to it. But there may be other schemes, for example, the agreement does not establish a tough return period, and the lender organization needs to claim the debt if necessary. As a general rule, the debt and this case should be repaid within 30 days.

Term of the loan agreement

This period is necessarily negotiated in the document regulating the financial relations of the parties, and is very important in the event of economic disputes on the return of debt. It must be borne in mind that the term of the contract is counted not from the day of its signing, but from the moment when the lender will hand over the borrower of the required amount or a specified number of goods. The validity of this document is completed by the end of payments received by the loan. The creditor should be known that the limitation period for such agreements may be no more than 3 years.

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:

1. If the order and dimensions of the penalty, according to paragraph 4 of Article 395 of the Civil Code of the Russian Federation, are defined in the Agreement of the Parties, the rules designated in the contract apply.
2. If the parties do not define special sanctions for the delay of debt, the provisions of Articles 395 and 811 of the Civil Code of the Russian Federation apply.

According to paragraph 1 of Article 811, during the non-return of the loan, the borrower should pay the so-called penalty interests accrued from the day when it had to fulfill the obligation, until the actual calculation.

It is important to remember that penalty interest is charged only on the main amount of the loan, according to paragraph 5 of Article 395 of the Civil Code of the Russian Federation. Exactly the same position is reflected in paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 10, 1998 No. 14. At the same time, their accrual for the amount of interest payable is possible only if the parties directly indicate such an opportunity in their agreement, aware of the consequences of this step. In the absence of indication on 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 fine is charged on the basis of the key rates of the Central Bank of the Russian Federation.

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 Tax 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.

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 done 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.