Minimum interest on a loan between legal entities in 2021. Loan agreement between legal entities at the refinancing rate

What is a loan agreement between legal entities

This form of legal relations between enterprises provides for an agreement in which one of the parties transfers and the other accepts ownership of money or goods. A loan agreement between legal entities additionally implies that:

Upon expiration of the established period, the borrowing organization must return the same amount of financial resources or valuables (the same amount of bricks, concrete blocks, etc.).
Such a service may be paid in the form of a percentage. It is calculated in the same units (that is, money or a specific product) as the loan issued

Conditions of conclusion

The legal requirements for processing a loan between two organizations have their own characteristics that must be taken into account when drawing up official documents. It is not necessary to have the agreement certified by a notary office, but this can be done at the request of one of the parties. The law talks about the mandatory written form of the contract. If it is not formalized, and the money (or goods) is transferred to the borrower, the tax authorities will consider this unjust enrichment. A properly drafted document should:

Include details of the parties.
Comply with legal norms and requirements, be a multifunctional document that provides for all the features of the transaction.
To avoid disputes, directly indicate the consideration of the transaction - whether payment in the form of interest for the service provided is necessary or not.

Moment of entry into force of the agreement

Issuing and receiving a loan between legal entities has an important feature that distinguishes it from bank loans. The agreement comes into force only at the moment of delivery of money or goods from the lender to the borrower and is valid for the specified period. Such a document can be signed in advance by the parties. If for some reason the creditor does not transfer funds or valuables, then the agreement is considered not to have entered into force

What is an interest-free loan?

An interest-free loan is a fairly common phenomenon in the Russian economy. It is not only common among affiliates, who thus often redistribute funds among themselves, but also often appears in relations between independent business entities.

They are all concerned about the tax consequences of such transactions: does not non-operating income arise when receiving an interest-free loan in the form of saved interest, which is subject to taxation in the usual manner?

According to current legislation, a loan agreement is an agreement under which the lender transfers ownership of funds or any things defined by generic characteristics to the borrower.

In this case, the borrower undertakes to return the amount of the loan received to the lender or return the items received.

In accordance with Art. 809 of the Civil Code of the Russian Federation, a loan agreement is assumed to be interest-free, unless it expressly provides otherwise, in the following cases:

the agreement was concluded between citizens for an amount not exceeding fifty times the minimum wage established by law, and is not related to the entrepreneurial activity of at least one of the parties;
under the agreement, the borrower is transferred not money, but things defined by generic characteristics.

Thus, a loan agreement is interest-free when it is not related to the entrepreneurial activity of at least one of the parties. Such agreements may exist in practice, but it will be necessary to prove the fact that one of the parties does not pursue commercial gain when concluding this agreement.

With an interest-free loan, early repayment of the debt amount is quite acceptable, since such a loan does not bring income to the lender (he is interested in repaying the obligation as quickly as possible).

But after the money is returned, the legal obligations of the parties under the loan agreement do not terminate until the appropriate taxes are paid (the tax consequences here are different for individuals and legal entities).

Basic Concepts

Credit - The amount of funds that one party to the agreement gives to another on the terms of urgency and repayment.

Interest-free loan - A transaction under which a sum of money is transferred from one legal entity to another under certain conditions.

Interdependent Organizations - Organizations that depend on each other, participate (directly or not) in one another, the executive body of which is the same person.

When the need arises

The main purpose of the agreement is the ability to confirm the transaction from a legal point of view. That is, if disputes arise between the parties to a transaction, each of them has the right to bring claims against each other peacefully or through the court.

This agreement is the main evidence base at the time of trial. Companies enter into such transactions if:

the newly created organization needs financial assistance;
the crisis affected the stability of the company;
funds are required to expand the organization.

An agreement can be drawn up between several companies that belong to the same founder.

If one organization has temporary difficulties, the second gives it an interest-free loan, that is, the funds are redistributed. In some cases, an agreement is concluded using schemes that help avoid paying taxes.

Documenting

An interest-free loan is an agreement between two participants, according to which one transfers to the other for use money or things that are not issued in a single copy.

That is, the borrower becomes responsible for the return of finances or property in the same amount. When concluding such an agreement, the decision of the general meeting of founders should be taken into account - they must give their consent.

To avoid problems in the future, it is necessary to control the specifics of drawing up an interest-free agreement.

The transaction is voluntary, so the maximum loan amount is not regulated by the state - it is determined by the parties independently.

If the amount is transferred from one card to another or withdrawn in full, the bank has the right to find out the purpose and request a credit agreement. The terms of an interest-free loan are specified in the contract, so its content must be carefully considered.

Bugs and features

When applying for an interest-free loan, legal entities make the following mistakes:

they do not stipulate that finance is provided without interest;
do not indicate the date of refund;
If the loan is things or objects, their list and quantity are not recorded.

These errors qualify the agreement as an interest agreement, that is, you will have to pay the lender a fee and pay taxes.

If the terms for repayment of the debt are not specified in the agreement, the creditor has the right to demand the return of money at any time. But he is obliged to notify about this 30 days before the expected date.

To avoid errors when drawing up a contract, it is necessary to take into account the following features:

if the agreement is oral, the transaction will not be recognized as valid;
notarization of the document is not necessary, but it guarantees the execution of the agreement in accordance with legal requirements;
registration with Rosreestr is not required;
the agreement comes into force upon receipt of the loan subject;
the subject is not only money, but also objects with generic characteristics;
indicate the details of both parties in the document;
write down the loan amount in numbers and letters;
be sure to indicate that the lender will not charge additional fees for the use of borrowed funds;
indicate the term of the loan.

Such relations between legal entities qualify as the provision of financial services. There is no charge for them.

Legislation on loan agreements between legal entities

The provisions on the loan agreement are established in Ch. 42 of the Civil Code of the Russian Federation. In accordance with these norms, the subjects of the agreement in question can be both citizens and organizations. Meanwhile, with regard to the execution of loan contractual documents, civil law provisions also apply, which apply to transactions of any kind.

The legislation does not contain restrictions on the amount of loan agreements between legal entities. However, it is necessary to take into account the provisions of other regulations, for example:

If the loan amount reaches or exceeds 600,000 rubles, then a mandatory state control procedure may be required in relation to such transactions in accordance with sub. 4 paragraphs 1 art. 6 of the Law “On Combating the Legalization (Laundering) of Income...” dated 07.08.2011 No. 115-FZ
The higher the loan amount in the case of a transaction with interest for the use of loan funds, the higher the income tax that will have to be paid in compliance with the requirements of tax legislation.

Is it possible between organizations

In this situation, especially when special urgency arises, legal entities come to the aid of their business partners, with whom it is possible to quickly and without any problems draw up a loan agreement on terms beneficial to both parties.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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Article 807, paragraph 1 of the Civil Code of the Russian Federation states that a loan is a transfer of money or other things from the lender to the borrower, formalized in writing using an agreement in the established form.

A loan agreement between business entities can also be formalized in the form of the issue and sale of bonds (Article 816 of the Civil Code of the Russian Federation) or the issuance of a bill of exchange (Article 815 of the Russian Civil Code) by agreement of the parties.

When providing a loan from one organization to another, the following tasks must be performed:

the subject of the loan agreement must be described in detail in the agreement;
the lender transfers to the borrower exactly the loan items specified in the agreement;
the borrower must repay his debt without fail within the period specified in the agreement;
destruction or damage to taken items is subject to compensation by the borrower.

Unlike the activities of banks, when one business entity provides a loan to another under a written agreement, a license from the lender is not required.

Even if such transactions occur repeatedly, but at the expense of exclusively the business entity’s own and not attracted funds, they will not be considered a banking operation.

The subject of a loan agreement between legal entities can be things with certain generic characteristics and money. The date of conclusion of such an agreement is the moment of transfer of the subject of the agreement from the lender to the borrower.

The accounting procedure for loans received is described in detail in the Accounting Regulations “Accounting for expenses on loans and credits” (PBU15/2008), approved by order of the Russian Ministry of Finance. No. 107n dated June 02, 2008

Types of loan agreements between legal entities

It is impossible to say unequivocally how to correctly draw up a loan agreement between legal entities. Agreements vary in availability:

loan purposes,
interest for the use of money.

Purpose of the loan. The agreement can be targeted or non-targeted. Under a non-purpose agreement, the company disposes of the money as it pleases. If the loan is targeted, the agreement specifies what the money can be spent on.

For example, the lender wants the borrower not to fly to a resort, but to buy equipment for the business and start earning money. If a business owner receives a targeted loan, but chooses a resort, the lender can demand the money back and go to court for a penalty.

Interest. Loans can be interest-bearing or interest-free. If the lender lends money at interest, the rate is specified in the agreement. The average rate in commercial banks is 15% per annum.

If a company takes out an interest-free loan, it means it receives a material benefit. The amount of benefit is ? the key rate of the Central Bank, for January 2021 it is 5%. By law, you need to pay tax on benefits - 35% monthly.

For example, a company borrows 1 million rubles for a year, without interest.

Material benefit: 1 million * 5% = 50,000 rubles.

Tax on material benefits: 50,000 * 35% = 17,500 rubles monthly or 210,000 rubles per year. It turns out that by the end of the loan term the company pays 1 million rubles to the lender and 210,000 rubles to the budget. Overpayment - 21%.

To conclude a loan agreement between legal entities without material benefit, you must indicate in the agreement that the loan is interest-bearing. The minimum interest rate should exceed? Central Bank rates, that is, 5%.

Interest is not an essential condition of the contract, but if you do not specify it, then by law the loan is considered interest-bearing, and the rate is equal to the key rate of the Central Bank - 7.75%.

Basic rules for drawing up a document

On the basis of a loan agreement between legal entities, the transfer and return of borrowed funds is ensured. Therefore, its preparation must be approached responsibly.

Important! It is easy to find a standard document on the Internet, after which it is redesigned in accordance with a specific individual case.

The subject of the agreement can be not only the amount of money in Russian rubles, but also foreign currency, precious metals and stones, securities or other documents. During the transfer of these items, the requirements and conditions of the law must be observed.

The agreement comes into force only at the moment when the company acting as the borrower receives the full amount into its account from another legal entity. Therefore, even if the documents are signed by representatives of both companies, without transfer of funds they can be easily disputed.

During the compilation process, a sample form is usually used, and the important points to fill out are:

the place where the document was drawn up, as well as the date of its creation;
the full names of each legal entity participating in the transaction, as well as the full names of all existing founders;
the type of loan is indicated, since it can be interest-free or with mandatory interest accrual on the borrowed amount;
the exact period during which the borrowing company is obliged to repay the funds is specified;
it is clarified in what ways it is allowed to repay the loan, since for this the entire amount can be paid in full on a certain date or transferred in monthly payments;
the exact amount of interest is prescribed if they are set by the lender;
it is indicated whether any penalties, interest or penalties will be charged in case of violation of the main points of the agreement by the borrower company;
there must certainly be a clause regarding the responsibility of each party;
the conditions under which termination of the agreement is allowed, as well as unforeseen situations allowed for this, are specified;
The details of each company are entered, and representatives put their signatures on the document.

Important! A standard cash loan agreement differs from an interest-free loan in that it necessarily indicates the amount and specifics of calculating interest on the borrowed amount.

When such agreements are drawn up, it is taken into account that the transferred amount cannot exceed 100 thousand rubles if the money is transferred in cash. If this condition is violated, then each party will have to pay a fine, and its amount varies from 40 to 50 thousand rubles. A separate proceeding is initiated against an organization that does not have a cash register at all. Therefore, most often companies prefer to transfer funds by non-cash means.

In accordance with the law, there are special requirements for documenting such a transaction. The agreement must be in writing. There are special requirements for the content of this document; in the absence of at least one of the specified points, it may be declared invalid:

Loan amount (given in numbers and words).
Deadline for repayment of funds received (if this point is omitted, then by default the loan must be repaid after 30 days).
Interest rate for use (it can be zero for a gratuitous loan).
Repayment procedure (partially or fully, is it possible to pay early).
Special conditions for issuance (presence of collateral, guarantors, etc.).
Responsibility of the borrower (for example, the amount of the penalty).
Details of the parties to the agreement.
Date (in this case, the agreement comes into force from the moment of transfer of funds).
Signatures of the directors of both companies.

Subject of the agreement

In accordance with current legislation, several types of agreements between legal entities are possible. The most common are:

Cash loan. With this service, one organization transfers a pre-agreed amount of money to another for temporary use. As a rule, this service involves payment - remuneration to the lender in the form of a percentage of the amount issued, which is necessarily specified in the document. But a situation is also possible when an interest-free loan agreement is concluded between legal entities. This option for processing a transaction, along with visible financial benefits, also brings special registration of tax payments and increased attention from regulatory authorities.
Commodity loan. This type of loan implies that one person receives from another not money, but material objects and mutual settlements are also made in them (for example, a construction organization receives 10,000 concrete blocks from a partner, and after 2 months, by agreement, returns 10,100 units of the same to him products).
Loan in tranches. The peculiarity of this type of loan is that the amount determined by the agreement is not issued at a time, but in parts as needed, and the borrower saves on interest payments. In essence, this service is identical to several issued loans, but it involves a simpler registration, because the agreement is concluded only once.

Rights and obligations of the parties

A careful study of the relevant articles of the Civil Code of the Russian Federation before a loan agreement between legal entities is signed will save 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, then the loan received is interest-free.

According to the law, everything is completely different. Article 809 of the Civil Code of the Russian Federation says that if the agreement does not indicate the actual amount of interest, then it is equal to the refinancing rate of the Central Bank of Russia at the time of payment of the debt. Paying for a loan service in this amount (for example, for April 2021, the indicated value is 7.25%) will not always be convenient for the borrower. It would be much better for him to indicate the rate in advance in the agreement, or clearly indicate that the loan is interest-free

Responsibility of the parties

A loan agreement concluded between legal entities must necessarily include a description of the sanctions that apply to the borrower if the debt repayment terms are violated. Depending on the terms of the transaction, the amount may be returned:

entirely;
in parts;
with an initial payment of interest every month or quarter.

The amount of the fine depends on the timing of the delay in the amount. It is beneficial for the borrower if penalties are calculated not for the entire loan amount, but only for the unpaid/delayed portion. The specificity of such lending is that the conditions here are not as harsh as for bank lending, and often penalties are not applied if the delay:

has a short period (several days);
is of a one-time nature;
is due to a valid reason, and the creditor has no claims.

Force majeure and dispute resolution

Many borrowers believe that such a clause is necessary for the contract, because it once again protects their rights in the event of force majeure circumstances (natural disasters, social disturbances, etc.). But the usual reference to Article 401 of the Civil Code of the Russian Federation, which deals with force majeure circumstances and the liability of the parties to the transaction, will suffice. Wherein:

If there are extraordinary and unavoidable circumstances that interfere with the fulfillment of obligations, the party who has not fulfilled the obligation is considered innocent.
This 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 circumstance.
The agreement may provide for the borrower’s guilt in all cases of violations in debt repayment (without any mitigating circumstances), but such a provision can be easily challenged in arbitration court.

Termination of the agreement

As a general rule, the borrower’s obligations are considered fulfilled at the time of final payment of the debt (including if this is done ahead of schedule). In this state of affairs, the agreement terminates, but in some cases it can be terminated before the loan is repaid. Such situations include violation of loan repayment terms, for example:

delay in making monthly payments as scheduled;
refusal to pay interest;
changing target conditions, etc.

Terms of a loan agreement between legal entities

The company cannot borrow more than 100,000 rubles in cash; such loans must be issued through a current account. If you break a large loan agreement into several small ones, the tax office will see this as an attempt to circumvent the law and issue a fine. Both companies will pay 40,000 - 50,000 rubles to the budget.

If the loan size is more than 600,000 rubles, the borrower registers the agreement with the Federal Service for Financial Monitoring. If this is not done, you will have to pay a fine: up to 200,000 rubles for a legal entity and up to 20,000 rubles for the general director.

An organization cannot issue more than four loans during a year without a license for lending activities. For violation of this law, the manager is liable under Article 172 of the Criminal Code of the Russian Federation - a fine, correctional labor or prison.

A legal entity can spend a loan only for business needs, even if the loan is not for a specific purpose. For example, the general director borrows money and buys a Gazelle. He can give the car for transportation of goods within the company, but cannot organize a personal move with it.

State control over transactions

If the borrowing is provided by a non-credit organization and its amount is equal to or more than 600,000 rubles, the transaction will be controlled by the state within the framework of the Federal Law of 08/07/2001 No. 115 “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.” This means that an organization that is not a credit institution is required to report information about such borrowing to Rosfinmonitoring. The bank tracks borrowed payments on an accrual basis, when the total amount under the agreement is equal to 600,000 rubles. or exceeds this figure.

Failure to provide such information will result in liability under Art. 15.27 Code of Administrative Offenses of the Russian Federation. If a non-credit organization systematically acts as a lender, this may lead to liability under Art. 172 of the Criminal Code of the Russian Federation.

If cash is transferred under an interest-free loan agreement, its maximum amount (according to clause 6 of Bank of Russia Directive No. 3073-U dated October 7, 2013 “On cash payments”) is 100,000 rubles.

Including clear provisions in the contract on:

the subject of borrowing (with its exact characteristics);
modes of its transfer and return (including the loan repayment period).

Such transactions involving bankrupt debtors are more often contested: through them, bankrupts may try to withdraw money or change the order of creditors’ claims.

A loan agreement between an LLC and an LLC is also possible, since the law does not establish any restrictions in terms of the organizational and legal form of participants in loan relations. When signing such an agreement, it is better to check the powers of the representatives of the participants, since such agreements are often challenged due to the lack of proper powers of the signatories.

Interest-bearing loan agreement between legal entities

Art. 808 of the Civil Code of the Russian Federation obliges the transaction to be formalized in writing if at least one of the parties is a legal entity. An essential condition of the loan agreement, which must be agreed upon in the document, is the subject of the transaction. If the subject is not agreed upon, the transaction is considered not concluded (clause 1 of Article 432 of the Civil Code of the Russian Federation).

The subject of a loan transaction, both with and without remuneration in the form of interest on the loan, is the transfer of funds in Russian currency (except for cases provided for by the Law “On Currency Regulation and Currency Control” dated December 10, 2003 No. 173-FZ) or other things determined by generic characteristics.

The percentage clause of the loan agreement is assumed unless otherwise expressly stated in the legislation or the contractual document (Clause 1 of Article 809 of the Civil Code of the Russian Federation). In this case, the amount and procedure for paying interest must be specified in the terms of the agreement. However, if the contract document does not contain agreement on these conditions, then:

The amount of interest paid must correspond to the refinancing rate (bank interest rate) in force at the location of the lending organization on the day the debt is repaid or part of it is paid.
Interest is paid every month until the debt is repaid.

When concluding a loan agreement between legal entities, it is necessary to take into account that the constituent documents of organizations may establish a ban on loan transactions. In this case, concluding a transaction is impossible. In addition, when concluding a transaction, the sole executive body (director, president, general director), if the relevant provisions are provided for by the organization’s charter, must agree with the founders on the possibility of concluding a loan agreement with another legal entity.

What are the requirements for the parties?

Not every company can act as a borrower or lender, as certain conditions must be met. The borrower is required to:

a specific type of legal entity, in accordance with the law, has the right to borrow funds from other companies;
the organization's Charter should not contain information about a ban on receiving money from other companies on the basis of payment and repayment;
funds received from another company are certainly used for the purposes specified in the Charter.

The requirements for lenders are minimal, since they simply must have the necessary funds or valuable items to be loaned to another company.

Interest-free loan agreement between legal entities

Along with interest-bearing loan transactions, it is permitted to conclude interest-free loan agreements between legal entities. The order of their registration has the following features:

First of all, the legislation establishes a declarative procedure for such transactions. This means that the contract must contain a clause stating that no interest is charged for using the loan or that the transaction is interest-free. Otherwise, even if the contract does not contain the condition in question, the contract is assumed to be interest-bearing and gives rise to consequences in the form of the possibility of collecting interest from the borrower. In addition, the lender will be responsible for taking into account interest amounts when calculating income tax.
In addition to the interest-free clause, it is advisable to include in the contractual document a provision that the provision of the loan is not intended to make a profit for the borrower.

Tax consequences of a loan from a foreign company

A completely different case is receiving a loan from a foreign company. According to Article 309 of the Tax Code of the Russian Federation, income received from foreign organizations is subject to taxation, in particular to income tax.

However, in modern practice, it turns out that income tax takes on a dual form. To avoid this, agreements have been adopted with many states to avoid double taxation.

If a Russian enterprise, which is a borrower, receives money from a foreign company with which an agreement has been concluded, then the Russian company is exempt from tax on profits received as a result of receiving a loan.

A difficult situation arises when taking into account interest paid to a foreign company under a loan agreement between legal entities with interest.

It is considered that the amount of interest relates to non-operating expenses and reduces the amount subject to income tax by this amount.

In case of payment of interest to foreign companies, the following rules come into force:

interest amounts should not deviate greatly from the statistical average for Russia;
the maximum amount of interest rates that reduce the tax base should not be more than the current refinancing rate previously increased by 1.1 (if interest is paid in rubles) or 15% of the loan amount (if interest is paid in foreign currency).

Is it possible to take out a loan secured by a share in an apartment without the consent of the residents living in it? Find out in the article: a loan secured by a share in an apartment. Companies providing loans to unemployed people with bad credit history are in the table.

Loan in tranches (agreement between legal entities)

A tranche is a part of cash, securities or property that is transferred as part of a transaction. The conclusion of a tranche agreement between legal entities assumes that the subject of borrowing is provided to the borrower in parts, and not one-time. Moreover, these parts can be issued both according to applications that the borrower will submit, and according to a schedule that the lender and borrower approved in advance.

Application for provision of tranche

The application is usually attached to the contract. There are no legal requirements for completing such an application; usually the amount of borrowing that is requested is noted there, plus the details by which it is transferred. The court regards the document as evidence of the provision of the loan.

It is necessary to conclude and execute a transaction taking into account the following:

a fee may be charged for changing the tranche return schedule;
the absence of an application may be regarded by the court as evidence of non-conclusion of an agreement;
any new tranche must be taken into account as a new debt obligation and the key rate of the Central Bank of the Russian Federation, current on the date of raising funds, must be applied to it (Letter of the Ministry of Finance of the Russian Federation dated October 4, 2018 No. 03-03-06/2/71370);
The lender and borrower have the right to refuse to provide borrowing in whole or in part (Clause 3 of Article 807 of the Civil Code of the Russian Federation). In order to refuse, the lender needs circumstances indicating a failure to repay the loan on time. For such a refusal, the borrower must notify the lender about it before the deadline when he (according to the agreement) must return the borrowed item, and in the absence of this deadline - at any time (before receiving the loan), unless otherwise provided by legal acts or the agreement;
when the borrowing is repaid in installments, then if the borrower violates the deadline established for repaying the next part of the loan, the lender has the right to demand early repayment of the entire remaining amount plus interest for the use of the loan, which is due at the time of its repayment (clause 2 of Article 811 of the Civil Code of the Russian Federation).

Commodity loan between legal entities

A commodity loan agreement between legal entities is concluded in writing (Clause 1, Article 808 of the Civil Code of the Russian Federation). Moreover, you can choose how to conclude it:

as a separate document with signatures of participants;
through the exchange of letters, emails, telegrams.

Items received from the lender must be described in as much detail as possible (indicating their name, qualities, completeness, packaging, etc., as well as their quantity). If the quantity is not determined, then in order to recognize the conclusion of the transaction, it is necessary to prove the actual transfer of the borrowed property in this quantity (by the borrower’s receipt or other document). It is also necessary to specify the procedure for returning things to the lender. This is how things that are characterized as goods and subject to turnover are transferred.

Commodity loan agreements are available to any entity. Exceptions are possible when the subject of the agreement is things whose circulation is limited, since their transfer requires special powers. The rules of paragraph 3 of Art. apply to commodity loan agreements. 807 of the Civil Code of the Russian Federation.

The term is usually not an essential term of loan agreements. When there is no provision about it in the text of the agreements or when determining the period by the moment of demand, the borrower will have 30 days from the moment the lender submits a demand for repayment of the loan to satisfy it.

If the text indicates the consideration of the transaction, in addition to the type (money or in kind) plus the amount of interest, the payment mode should also be agreed upon. Otherwise, the situation will be resolved through Art. 809 of the Civil Code of the Russian Federation.

Still have questions? I'll try to guess:

Can I issue a loan if my organization is not a microfinance organization and does not have a license?

Yes, you can, a license is needed if issuing loans and borrowings is your main activity.

Is receiving a loan subject to income tax/STS?

Your income is only interest on loan agreements. You received someone else's money and are obligated to return it. The loan amount is not subject to income tax or tax paid in connection with the application of the simplified taxation system.

Is it possible to issue loans to employees?

You can, but don’t forget about the material benefits.

Is it possible to return the loan to the founder by transferring it to his personal account?

Can. Please note: if the loan is for a purpose (for the purchase of goods, works, services), and you repay it using an electronic means of payment, the use of a cash register is required.

Is it possible to issue a loan on demand?

Can. As a general rule, the borrower will be required to return it within 30 days of receiving the request.

The Civil Code in most cases gives the parties freedom of contract. Use it, take into account all the important conditions in the contract: loan amount, term, interest, procedure for provision and repayment, procedure for paying interest, liability for failure to provide a loan, for late repayment and payment of interest, security for fulfillment of obligations (pledge, surety, etc. .)

Loans between individual entrepreneurs

An individual entrepreneur can provide a loan to another individual entrepreneur with or without interest, but should not do this often, since otherwise a microfinance organization will have to be established. With the interest option, you will need to pay income tax. For example, when using the simplified tax system, lenders pay 6% of profits. The borrower pays for the interest-free loan.

For loan agreements to be valid, they note:

Dating (with document number).
Who is participating?
Amount of debt and currency.
Interest rate or necessarily no interest rate.
Debt repayment period.
How will repayment occur?
Rights and obligations of participants.
How disputes are resolved.
Details plus visas of the parties.

Repayment procedure and interest payment

A properly drafted loan agreement between legal entities should contain a section that states how the borrower will pay. The most common option is when the entire amount is paid at a predetermined interval, and accrued interest is added to it. But there may be other schemes, for example, the agreement does not set a strict deadline for the return of funds, and the creditor organization can claim the debt if necessary. As a general rule, the debt in this case must be repaid within 30 days.

Increased interest on late payments

In some cases, lenders charge higher interest rates for late payments. Such a measure can be used instead of a penalty or in combination with it.

The loan agreement must clearly state that the increased interest is charged for the use of borrowed funds and is not a penalty. It is also indicated how the accrual is carried out - for the entire amount of the debt or for part of it.

Penalties in the form of increased interest are most often found in mortgage lending, car loans or consumer lending. Sometimes financial institutions charge higher interest rates for late payments on credit cards.

An example of a fine in the form of an increased percentage:

The borrower is overdue for the next payment, equal to 5,000 rubles. The loan agreement stipulates that if a delay occurs, the fine is 12% of the amount of the late payment. Thus, the borrower, along with the debt, is obliged to pay a fine of 600 rubles.

Tips for drawing up an agreement

When forming this contract, it is advisable for each party to take into account several recommendations:

It is absolutely important to check the entered passport data of the representative of the organization, as well as information regarding the company, since if the information is false or erroneous, then there is a high probability that the document will be declared void;
the contract must contain information that funds have been transferred;
if a loan agreement is drawn up in foreign currency, then the exchange rate of a certain bank must be indicated, and the method of repaying the money must also be prescribed;
in some cases, an interest-free loan may be challenged by the tax service, which considers it a way to obtain additional benefits in the form of non-payment of interest - it is worth consulting with a company lawyer if the amount of such a loan is significant;
all money or valuables are certainly transferred from one company to another in the presence of witnesses.

Thus, it is not difficult to draw up an agreement between two legal entities regarding the transfer of a specific amount of money from one company to another. For this purpose, a standard document is used, filled out in accordance with the basic requirements and recommendations. Thanks to its presence, the transaction is considered official, and there are no problems for the lender when returning its funds from an unscrupulous borrower.

How to minimize risks

The main risk under a loan agreement is the risk of non-repayment of funds. If the money was issued to open a business, but the new business does not work out, then the borrower has nothing to repay the finances with. Even if the court obliges the debtor to pay money under the writ of execution (implemented through the bailiff service or by independently submitting the original writ to the debtor’s bank), such repayment in practice may take several years.

To ensure the return of borrowed money, another agreement is concluded between the lender and the borrower - a pledge agreement. Movable or immovable property can be transferred as collateral.

The advantage of concluding a loan agreement secured by property is the possibility of officially registering such a pledge with a notary. The procedure looks like this:

a loan agreement is concluded, which states that funds are issued against the security of some thing
a pledge agreement is drawn up, which specifies the procedure for using this thing
the pledge agreement is registered with a notary, and information about the imposed encumbrance is entered into the pledge register
If the loan is not repaid within the period established by the agreement, the collateral property is transferred to the lender

The lender can sell such property and take the money received to pay off the debt.