home Terminology

Interest-free loan to an employee of personal income tax. Sample loan agreement between an employee and an organization, concluded between an individual and a legal entity

Giving a loan to an employee (employee) is a fairly common practice in organizations that pay attention to the development and maintenance of their staff. Any organization has the right to issue a loan to its employee for any amount of money or any amount of things determined by generic characteristics.

According to the Civil Code of the Russian Federation, the contract for the employee is drawn up in writing, regardless of the amount (clause 1 of article 808 of the Civil Code of the Russian Federation). The receipt, of course, confirms the fact of the loan to the employee (clause 2 of article 808 of the Civil Code of the Russian Federation), that is, if there are disputes between the parties to the employee loan agreement, the receipt can be used in court. However, it is better to draw up a loan agreement, and an important reason is the ability to prescribe the amount of interest and the schedule for their payment in the text of the agreement.

If the text of the loan agreement for an employee of the enterprise does not contain conditions on the amount of interest, the procedure for calculating or paying it, the amount of interest will be calculated at the refinancing rate as of the date of loan repayment and the employee will have to pay them monthly (clause 1.2 of article 809 of the Civil Code of the Russian Federation) ... If an organization issues an interest-free cash loan to an employee or an interest-bearing loan of things determined by generic characteristics, this should be explicitly stated in the loan agreement (clause 3 of article 809 of the Civil Code of the Russian Federation). In the loan agreement, the employee must prescribe the terms and procedure for repaying the loan (Article 810 of the Civil Code of the Russian Federation).

If all the above recommendations are followed, problems can be prevented both in the relationship between the employee and the organization, and tax audit... When concluding a loan agreement for an employee, both parties (employer and employee) must draw up a number of documents.

An employee in need of temporary financial aid, writes a statement addressed to the head of the organization. Based on this application and with the consent of the manager, a loan agreement is drawn up for the employee. In the application, the employee can indicate the purpose of the loan. For example buying garden house or purchasing a car. In this case, the employee loan agreement may contain a condition on the use of borrowed funds for specific purposes. Then it will be a targeted loan, and the borrower is obliged to ensure the ability to control targeted use loan (clause 1 of article 814 of the Civil Code of the Russian Federation).

The lender makes a decision. Management can decide to assist the employee on its own terms. For example, an employee applies for an interest-free loan, and the employer agrees to conclude a loan agreement for an employee with the terms of providing money only at interest and if there are two guarantors from among the employees. In some cases, the loan is issued only if the borrower has guarantors who are obliged to pay off his debt. An independent contract of surety is concluded with such persons, the features of which are established by Articles 361-367 of the Civil Code of the Russian Federation. In some organizations, commissions are created to conclude a loan agreement for an employee, consisting of a number of employees holding managerial positions. The Commission makes a decision in the form of minutes, which indicate decision about issuing a loan to employees.

In some cases, a loan agreement for an employee requires the permission of the owners (founders) of the organization (in the case of issuing borrowed funds). Certain restrictions arise, for example, if the employee loan agreement meets the criteria for an interested party transaction as well as a major business entity transaction. In particular, a deal in which there is an interest will be the provision of a loan to the head of the company, as a rule to the director (general director). Note that the loan amount does not play a role in this. A major transaction is a loan, the amount of which exceeds 25% of the value of the company's assets as of the last reporting date. In a limited liability company, the decision to conclude a major transaction is made general meeting members of the society. In the absence of such a decision, the employee loan agreement may be invalidated. Requirements for the procedures for the approval of such transactions are established by Articles 45 and 46 Federal law of 08.02.98 N 14-FZ "On limited liability companies", Articles 78, 79 and 81-84 of the Federal Law of 26.12.95 N 208-FZ "On joint stock companies".

A sample employee loan agreement (interest or no interest) contains annexes:

Loan granting schedule;
Loan repayment schedule;
Interest return schedule.

A standard employee loan agreement contains related documents:

Supplementary agreement;
Disagreement protocol;
Disagreement agreement protocol.

Loan agreement for an employee of the organization


	g.

Hereinafter referred to as (th, th), in the person acting (s) on the basis of,

Hereinafter referred to as an individual,

collectively referred to as the Parties, and individually - the Party,

Subject of the contract

1.1.

Transfers, on the terms of the Agreement, funds in the amount of () rubles (hereinafter referred to as -), and undertakes to return the interest for use on time and on the terms of the Agreement.

1.2.

Method of transfer: transfer of cash. The date of the loan is the date of the transfer of cash.

1.3.

Transfers in accordance with the Loan Grant Schedule (Appendix No. to the Agreement), which is an integral part of the Agreement.

1.5.

The loan under the Agreement is not targeted.

Contract time

2.1.

The agreement comes into force from the moment of its signing by the Parties andvalid until the Parties fulfill their obligations under the Agreement.

Rights and obligations of the parties

3.1.

undertakes:

3.1.1.

Make a return and accrued interest.

3.1.2.

Repay the loan on a monthly basis in equal installments by making cash to the cashier.

3.1.3.

Return early in case of termination employment contract from(employment contract no. from g.), in this casemust be returned within from the moment of termination of the employment contract.

3.2.

Right:

3.2.1.

Demand about fulfillment of obligations stipulated by the Agreement.

Procedure for calculating and paying interest

4.1.

Pays interest for use in the amount of ()% c. The calculation of the period for calculating interest for use starts from the date of provision and ends with the date of return in accordance with the terms of the Agreement.

4.2.

Undertakes to pay interest for use at a time with return.

4.3.

Interest on the loan received is paid by depositing cash at the cash desk.

Responsibility of the parties

5.1.

The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the legislation of Russia.

Grounds and procedure for termination of the contract

6.1.

The Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for by law.

Dispute resolution from contract

7.1.

Claim procedure pre-trial settlement disputes from the Agreement are not binding on the Parties.

Force Majeure

8.1.

The Parties are exempt from liability for full or partial failure to fulfill obligations under the Agreement in the event that failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of state authorities or other circumstances beyond the control of the Parties.

8.2.

The Party that cannot fulfill the obligations under the Agreement must promptly, but no later than calendar days after the occurrence of force majeure circumstances, notify the other Party in writing, with the provision of supporting documents issued by the competent authorities.

8.3.

The Parties acknowledge that the insolvency of the Parties is not a force majeure circumstance.

Other conditions

9.1.

The parties do not have any accompanying verbal agreements. The content of the text of the Agreement is fully consistent with the actual will of the Parties.

9.2.

All correspondence on the subject of the Agreement prior to its conclusion shall lose legal force from the date of conclusion of the Agreement.

9.3.

The Agreement has been drawn up in 2 (two) original copies in Russian, one for each of the Parties.

10.

List of applications

11.

Addresses, details and signatures of the parties



Name:	Full Name:
Address:	Place of registration:
Tel .:	Tel .:
OGRN:	INN:
INN:	the passport:
Checkpoint:	issued:	g.
	department code:
Р / сh:	Р / сh:
Bank:	Bank:
BIK:	BIK:
Cor / account:	Cor / account:

The form of the document "Agreement of interest-free loan (between the employee and the employer)" refers to the heading "Loan agreement, loan receipt". Save the link to the document on social networks or download it to your computer.

Interest-free loan agreement

(between employee and employer)

[place of conclusion of the contract] [date, month, year]

[Full name of the legal entity], hereinafter referred to as the "Lender", represented by [position, full name], acting on the basis of the [Charter, Regulations, Power of Attorney], on the one hand, and [F. Name of the borrower], hereinafter referred to as the "Borrower", on the other hand, and together referred to as the "Parties", which are in an employment relationship with each other, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. Under this agreement, the Lender transfers the ownership of the Borrower to funds in the amount of [amount in figures and words] rubles, and the Borrower undertakes to return the loan amount to the Lender within the period specified in the agreement.

1.2. The purpose of the loan is [fill in what is required].

1.3. The loan is provided for a period of [fill in].

1.4. This contract is interest-free.

2. Rights and Obligations of the parties

2.1. The Lender undertakes to provide the Borrower with borrowed funds within [period] from the date of signing this agreement by transferring to bank card Borrower, the details of which are specified in this agreement.

2.2. The Lender has the right to demand from the Borrower early return the loan amount in case the Borrower fails to fulfill the terms of the Agreement on the targeted use of the loan amount

2.3. The borrower is obliged:

Use borrowed funds for the purposes specified in clause 1.2. actual agreement.

Return the received loan amount to the Lender upon the expiry of the term specified in clause 1.3 of this agreement;

Ensure that the Lender can exercise control over the intended use of the loan amount.

2.4. The borrower has the right to repay the loan amount ahead of schedule.

3. Procedure for the return of the loan amount

3.1. The loan is repaid by the Borrower paying the loan amount to the Lender's cash desk after the expiry of the term specified in clause 1.3 of this agreement.

3.2. In case of dismissal, the Borrower is obliged to repay the loan in full in advance.

4. Final provisions

4.1. This agreement is considered concluded from the moment of its signing.

4.2. Any changes and additions to this agreement are valid subject to their written form.

4.3. This agreement is drawn up in 2 copies having the same legal force, one for each of the Parties.

4.4. In everything that is not provided for by this Agreement, the Parties are guided by the current legislation.

5. Details and signatures of the parties

Lender Borrower

[write in what you need] [write in what you need]

[position, signature, initials, [signature, initials, surname]

It's no secret that office work negatively affects both the physical and mental state of the employee. There are quite a few facts confirming this and that.
At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.
Gossip in a work collective is quite commonplace, and not only among women, as is commonly believed.
We suggest that you familiarize yourself with anti-tips that will tell you how not to talk to your boss for an office worker.

Loan operations are regulated. Debt money is formalized by a loan agreement in writing. By agreement of the parties, a document may be attached to the contract that confirms the transfer of the loan (receipt, act).

The agreement comes into force from the moment the money is transferred ().

In the loan agreement, you need to determine the amount, procedure and terms of return, the amount and procedure for paying interest. Particular attention should be paid to interest rate... If your contract is free of charge, be sure to write down this condition. In the absence of this information, the contract is considered by default as a percentage ().

If the amount of interest is not established in the agreement, it is determined based on the refinancing rate on the day of payment of the loan or part of it (clause 1 of article 809 of the Civil Code of the Russian Federation).

An employee can be provided with a loan only in rubles (Article 9 of the Federal Law dated 10.12.2003 No. 173-FZ "On foreign exchange regulation and currency control ").

If the loan repayment period is not defined, the employee is obliged to return it at the request of the organization within 30 days (). The loan can be returned ahead of schedule, if this does not contradict the terms of the agreement (clause 2 of article 810 of the Civil Code of the Russian Federation).

The employee can return the loan to the cashier or to the current account of the organization. Also, by agreement of the parties, the amount of debt can be withheld from wages... The amount of deductions cannot exceed 20% of the salary ().

to the menu

HOW TO GIVE A LOAN TO AN EMPLOYEE, DIRECTOR

The head of the organization has the right to provide the employee with a loan for his personal needs. The loan can be interest-free and interest-free. The calculation of income tax and personal income tax depends on the terms of the loan agreement. What to look for when issuing a loan, we will consider below.

In practice, an employee often asks the organization in which he works to help him temporarily in cash for the purchase of housing or other property. In this case, the following questions arise for the accounting department:

Do companies have the right to issue loans to their employees?
What are the requirements for the organization (availability of profit, etc.) and for the employee (the period of his work in the company, etc.)?
What is the maximum loan size and term?
Should such loans be subject to interest?
How is the issuance of loans to employees of the organization reflected in tax reporting?
What taxes are charged?
What are the documents for the loan?

1 . Any commercial firm has the right to issue loans to its employees

2 ... Requirements for the organization, employee, loan terms and amounts.

There are no requirements, neither to the organization, nor to its employees. Also in the legislation of the Russian Federation there are no restrictions on the timing and size of the loan. The only thing to consider is the following. According to the Federal Law of August 7, 2001 No. 115-FZ "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism", operations with monetary funds or other property are subject to mandatory control "if the amount for which it is made is equal to or exceeds 600 000 rubles or equal to the amount in foreign currency, equivalent to 600,000 rubles, or exceeds it, and by its nature this transaction belongs to one of the the following types operations:
1) cash transactions:
withdrawal from the account or crediting to the account of a legal entity of funds in cash in cases where this is not due to the nature of its economic activity;
...
4) other transactions with movable property:
...
provision by legal entities other than credit institutions, interest-free loans to individuals and (or) other legal entities, as well as obtaining such a loan. "

Note: In our case, we issue a loan to our employee, and not to an outsider natural person... Therefore, we do not fall under this law.

to the menu

3 ... Interest rates.

The Civil Code of the Russian Federation and the Tax Code of the Russian Federation do not directly prohibit the issuance of interest-free loans by a commercial organization. However, the organization has a risk that tax authorities when analyzing interest-free loan agreements, they will additionally charge income tax based on the refinancing rate, justifying their position by the fact that commercial organization created for the purpose of making a profit and cannot but receive economic benefits from financial and economic activities.

The interest rate is reflected in the loan agreement... If the interest rate is not specified in the agreement, it is determined on the basis of the one established at the location of the legal entity on the day the loan or part of it is repaid (clause 1). At the moment it is 8.25 percent per annum.

From June 2018, new rules for calculating interest on loans

From June 1, there are three ways how to calculate the interest on a loan. Previously, there was a clause only that the lender was entitled to interest. How to count them, the parties could fix in the contract. Now, according to the norms of the Civil Code, the interest on the loan can be considered:

at a fixed rate;
Example: "For the use of the loan amount, the Borrower pays to the Lender interest in the amount of 15 percent per annum of the loan amount"
at a floating rate;
“The Borrower pays interest to the Lender for using the loan amount. For the first six months of the loan, the interest rate is 15 percent per annum of the loan amount. For the second six months of the loan, the interest rate is 14 percent per annum of the loan amount. In case of early repayment of the loan amount, the interest rate is 18 percent per annum of the loan amount ”.
in another way, for example, to set the remuneration in a fixed amount.
"For the use of the loan amount, the Borrower shall pay the Lender a fee in the amount of 30,000 (thirty thousand) rubles."

The parties must fix the method of calculation in the contract. If the method is not fixed in the contract, by June 1, calculate the interest at the rate bank interest by the location of the lender. From June 1, 2018, calculate interest on key rate, which was in effect in the corresponding month (paragraphs 1-3 of Art. 809 of the Civil Code).

For a mistake in calculations, both the lender and the borrower, inspectors can charge additional income tax, fines, penalties and bring the accountant to administrative responsibility. For example, if the lender calculates interest at a lower rate, it will underestimate the non-operating income. If the borrower takes into account the interest in a larger amount, he will overestimate the costs (clause 6 of article 250, subsection 2 of clause 1).

to the menu

4 ... Reporting.

In the case of issuing an interest-free loan or a loan with a reduced rate, the employee has a material benefit from savings on interest (subparagraph 1, paragraph 1).

If a loan is received in rubles, the amount of material benefit is determined as an excess of the amount of interest calculated based on 2/3 of the current the refinancing rate set The Central Bank RF on the date of actual receipt of income by the taxpayer, over the amount of interest calculated on the basis of the terms of the contract.

Loan agreement between legal entities and individuals must be concluded in writing... In confirmation of the loan agreement and its terms, a receipt of the borrower or other document may be presented, confirming that the lender has transferred a certain sum of money or a certain number of things (for example, an act of transferring funds to an employee-borrower, an act of returning funds to a lender organization).

The contract should reflect:

the amount and currency of the debt;
the procedure and term for the return of funds (in parts or at a time);
the procedure for returning the loan amount - depositing to the organization's cash desk or by wire transfer to the lender's account);
the amount and procedure for paying interest (monthly, quarterly, lump-sum upon loan repayment or other options).

If the borrower does not return the loan amount on time, for this amount he in the amount provided for in paragraph 1 Civil Code RF, from the day it should have been returned until the day it was returned ()

Unless otherwise specified in the agreement, interest is paid monthly until the day the loan amount is returned (clause 2).

If the amount of interest is not specified in the agreement, it is determined based on the refinancing rate, which is set on the day of repayment of the loan or part of it (clause 1 of article 809 of the Civil Code of the Russian Federation).

If the term for repayment of the principal amount has not been set (or it is determined by the moment of demand), the borrower is obliged to return it within 30 days from the date the organization submits a request for this (clause 1).

When issuing a loan to the director the organization should take into account the provisions of the law on joint stock companies and on limited liability companies in terms of interested party transactions. For this, the meeting of the LLC participants decides to conclude a loan agreement, issue a loan to the director. To do this, instructs one of the founders to sign this agreement on behalf of the LLC.

to the menu

How to get a DIRECTOR an interest-free loan?

The decision of the meeting of the LLC participants to issue an interest-free loan to the director, for example, for 5 years.
A loan agreement is signed.
A loan is issued.

The procedure for taxation of personal income tax of the amount of forgiven debt on an interest-free loan, debt forgiveness

A loan not returned by an employee in case of debt forgiveness is his income, from which personal income tax should be paid. At the same time, the taxpayer does not receive income in the form of material benefits for using an interest-free loan.

Note: Letter of the Ministry of Finance dated July 15, 2014 No. 03-04-06 / 34520.

Debt forgiveness on interest-free loan

The above letter refers to a situation where employees of an organization are issued interest-free loans. In the future, the debt or part of it can be written off. Is the amount of debt forgiven an economic benefit to the employee? Yes it is. Moreover, when determining tax base for personal income tax, it is necessary to take into account all the income of the taxpayer, received by him both in cash and in kind, or the right to dispose of which he has (clause 1). When the company donates the loan amount, the employee is relieved of the obligation to repay the debt and it becomes possible to dispose of the funds at his own discretion. Thus, an individual has an economic benefit and, accordingly, income in the amount of the forgiven debt (gift). The indicated amounts are subject to general order at a rate of 13 percent.

to the menu

When to withhold personal income tax from material benefits from savings on loan interest

By general rule an individual who received an interest-free loan generates income in the form of material benefits from savings on interest (clause 1). From him, the organization is obliged to withhold the NFDL.

Note!

From 01.01.2016, the date of receipt of income in the form of material benefits from savings on interest will be the last day of each month during the loan term. These changes were introduced by the Federal Law dated 02.05.2015 No. 113-FZ.

The material benefit from savings on interest for the use of borrowed (credit) funds arises on the last day of each month during the loan period (subclause 7, clause 1 of article 223 of the Tax Code of the Russian Federation). At this point, the tax agent must calculate the amount of personal income tax. And to withhold the tax and transfer it to the budget - at the first payment of any money ().

This rule also applies to the material benefit from savings on interest for the free use of borrowed (credit) funds.

For residents of the Russian Federation, the personal income tax rate in relation to material benefits is 35%, for non-residents - 30% ().

An exception!

If a loan is issued to an employee for the purchase of a residential building, apartment, room or share (shares) in them, land plots for construction or with residential buildings, then the material benefit is not subject to personal income tax (). To qualify for a tax exemption, an employee must provide the employer with a notice of eligibility for property tax deduction.

But at the conclusion interest-free loan gift agreement the taxpayer is relieved of the obligation to return the funds received. And if so, then income in the form material benefits

What documents are required in this case?
Is there a limit on the amount of the loan that the founder can forgive?

As practice shows, in this case, much better to issue a debt forgiveness notice... It is signed only by the creditor and sent to the debtor. The mandatory elements here will be the same as in the agreement. But the likelihood of a dispute with inspectors is minimal.

When the sole founder is a citizen, both a debt forgiveness agreement and a notice can be drawn up.

to the menu

Amount of debt forgiveness under a loan agreement

B, which regulates relations under the loan agreement, is not limited to the maximum amount debt obligation of such kind. Accordingly, the founder can forgive both the entire amount of the loan and part of it at his discretion.

Large and successful companies often provide interest-free loans to employees. Managers can in this way keep the employee in the workplace or reward him for good work... Obtaining such a loan is both easier and more profitable for the employee. Usually, the employer offers its employees interest-free loans or at symbolic interest.

Features:

More and more often, employees turn to their employer for money, not a bank. Credit- financial companies - whether it is banks, microfinance organizations or consumer cooperatives - they narrow the currency for a specific period with the condition of repayment on a paid basis.

The contract for the provision of an interest-free loan violates the principle of payment, because of which financial companies will operate at a loss. For this reason, it is impossible to obtain interest-free loans from such organizations.

Of course, under certain circumstances, the client can be provided with a loan for minimum ratebut this applies to special programs and trusted clients. The conditions for granting an interest-free loan in each company are individual, and are implemented at the discretion of the boss.

Often, its registration begins with a written statement from the employee, indicating the motives and purposes for which he needs money. The debt is paid gradually and in the order specified in the contract.

The provisions of the agreement come into force not after signing it, but only after receiving the money. To confirm the receipt of currency, the employee must provide payment order and expendable cash order, plus he can demonstrate a receipt for a loan.

Any interest-free loan is available for early repayment, unlike a loan with interest.

The borrower should indicate the period for repayment of the debt and the procedure for repayment, if the time of the agreement is not specified or the loan is unlimited, then the currency must be returned after 30 days after the first request of the lender. If the agreement does not describe the ways to repay the debt, then the borrower can pay the money by choice - pay it at the lender's cash desk or to his current account.

An interest-free loan can be provided to an employee of an enterprise in two ways:

by transfer to a bank account or a previously received plastic card;
in cash directly at the company's cash desk. In both the first and second cases, the accounting department should note the transfer of money. In the first option, the company debits the credit money from the Debit 71 account and transfers the required amount of money to the Credit 51 account. In the second case accounting entry should represent the following scheme: Debit 73 - Credit 50.

The contract must clearly state that the loan is interest-free. In this case, the obligation to pay personal income tax falls on the shoulders of the employee himself, but not the enterprise. If the recipient does not make deductions, in this case, the authorized bodies will ask questions specifically to him.

If the received currency was invested in the purchase of housing, then you should obtain permission from the tax authority to apply the tax deduction.

If the agreement between the company and the employee does not indicate the amount of the loan (even in the case of an interest-free loan), then the calculation must be carried out based on the key rate during the payment period. The exception is the moment of taking out a loan. For example, at the beginning of 2019 the rate was 11%, in the second half of the year - 10.5%. To calculate the rate value for a specific period, the key rate value is divided by 12.

For what purposes

The company can provide its employee with a loan on an individual, beneficial for both parties program. The board of directors can approve an interest-free loan intended purpose, and for personal needs. The legislation of our country does not provide for any restrictions on the use of money taken from the company.

Objectives for this type lending can be as follows:

construction suburban area or a country house;
construction of a garage;
purchase of a car;
an interest-free loan for the construction or purchase of housing;
a loan for the purchase of equipment and other household items;
money for rest and treatment.

In civil law, the redemption time of the item loan agreement and its grace period is unlimited. Despite this, in most cases, the manager lends currency for a short period, no more than 1 year. However, he has the right to extend the term of the contract, for the time he deems necessary.

In order to confirm that the received currency was spent for a specific purpose, and the borrower's salary should not be withheld on material benefits, the borrower must prepare a notification from the tax authority to his manager. But to get it, the borrower will have to confirm the targeted spending of the money.

How to get an interest-free loan for an employee

Any borrower can get an interest-free loan. The main thing is that the parties manage to achieve full agreement with the management. Companies also do not have legal restrictions that affect the provision of credit.

A home loan is issued on the basis of a standard loan agreement.

The document contains the following information:

date and place of signing the agreement;
full information about the parties to the agreement (company name, legal address, bank and passport data of the employee, his residence address and registration);
the size of the loan provided and the timing of its repayment;
responsibility of the participants, their obligations under the contract and obligations;
other conditions of the agreement that were reached as a result of negotiations between the participants;
the signatures of the participants and the seal of the company that provided the interest-free loan.

A schedule of payment of debt obligations is attached to the agreement. This document is being developed with large debts, which is why it is impossible to pay them off in one payment. When developing a payment schedule, the term of the loan to which the loan agreement applies is not affected.

The borrower can repay borrowed funds in one of the following ways:

by transferring the amount indicated in the schedule or part of it to the company's current account. The account number and other necessary information is given to the employee in advance at the time of the transaction;
payment to the cashier of the company;
withholding a sum of money from the employee's salary.

If the loan agreement clearly defines any option for paying the debt, then the lender has no right to collect currency in any other way on his own initiative.

So, often in the contracts the condition is indicated that the employee is obliged to repay the loan every month in small installments. Even if he violates the conditions, due to which he has several delays in a row, the employer has no right to withhold the corresponding amount from the employee's salary.

Taxation

This method of lending is quite beneficial for the employee from a material point of view. Significant savings in the interest rate occur here, as detailed in sub. 1 p. 1 of Art. 212 of the Tax Code of the Russian Federation.

If an employee receives an interest-free loan from his employer, in this case, the tax agent is represented by the company that was engaged in the loan registration.

The amount of tax is calculated tax officers cumulative from the very beginning tax term at the end of each month. The agent must display the tax amount already detained in the previous period of the tax period.

Tax agents should withhold the accrued tax amount only from the employee's income, including their salary, when they are actually paid. However, this amount should not exceed 50% of the amount of payments.

When the legislation prohibits the taxpayer from receiving the designated property deduction, even if it has already been carried out a little earlier, his income, provided in the form of material benefit, on the basis of Art. Art. 224 of the Tax Code of the Russian Federation, should be taxed at a rate of 35%.

If the purpose of receiving money was not new construction or purchase of real estate, the rate of 34% is taken into account. The base taxed with personal income tax at an inflated rate is prohibited from being reduced by tax deductions... This is described in detail in paragraph 4 of Art. 210 of the Tax Code of the Russian Federation.

If an employee's income is expressed in foreign currency, the money is converted into rubles using the regulations The Central Bank Russia.

Forgiveness

For the employee, the amount of the forgiven debt is economically beneficial. Moreover, at the time of identifying the tax base for personal income tax, it is necessary to pay attention to all the employee's income that he received both in kind and in monetary form or the right to dispose of which he did not have. tax code provided for this in paragraph 1 of Art. 210 of the Tax Code of the Russian Federation.

If the company decides to donate a certain amount of money to an employee, the obligation to pay this debt is automatically removed from him, as a result of which he has a chance to use his money as he sees fit.

Consequently, the employee receives income in the amount of the forgiven loan provided from the company. This amount is also taxed at a rate of 13%.

Undoubtedly, an interest-free loan to a company employee has a huge list of advantages, in comparison with classic lending in a bank. After all, it is much more profitable and more comfortable to issue a loan from an employer. So, an employee can pay a debt to the best of his ability, without paying fines and paying interest.

Video: Where can I get an interest-free loan

Question

The LLC wants to issue a loan (without interest for a year) to its employees.

Bukh. accounting and taxation of this operation for the LLC itself and for employees.

The price of the issue is an example.

Answer

As a general rule, a cash loan agreement involves the payment of interest by the borrower. However, the parties can agree to provide an interest-free loan ( clause 1 of Art. 809 Civil Code of the Russian Federation).

Personal income tax when providing an interest-free cash loan to an individual

So, in order to calculate the size of the material benefit, you need to know the date of payment of interest on the loan (credit) (subparagraph 1 of paragraph 2 of article 212, subparagraph 3 of paragraph 1 of article 223 of the Tax Code of the Russian Federation). And there is simply no such date for interest-free borrowings. Therefore, the taxable Personal income taxand it does not formally arise when receiving interest-free loans (clauses 6, 7, article 3 of the Tax Code of the Russian Federation).

However, according to the Ministry of Finance of Russia, the material benefit on interest-free loans can still be determined and therefore is subject to personal income tax. Officials believe that in this case, the actual date of receipt of material benefits should be considered the date of repayment of borrowed funds (Letters of the Ministry of Finance of Russia dated July 25, 2011 N 03-04-05 / 6-531, dated 05.16.2011 N 03-04-05 / 6- 350, dated 29.03.2011 N 03-04-06 / 6-61, dated 20.08.2010 N 03-04-06 / 7-184).

The tax authorities adhere to the same opinion (Letters of the Federal Tax Service of Russia for Moscow dated 04.05.2009 N 20-15 / 3 / [email protected], dated 20.06.2008 N 28-11 / 058540).

The Ministry of Finance of Russia explains that the tax base when determining the material benefit for using interest-free loans (loans) is calculated as follows (Letter dated 09.08.2010 N 03-04-06 / 6-173). Upon the initial return of borrowed funds, the amount owed must be charged with interest calculated based on 2/3 of the refinancing rate of the Bank of Russia in effect on the date of repayment of funds and the number of days that have passed since the loan was granted. And at each next repayment, interest is calculated based on the number of days that have passed since the return of the previous part of the loan.

It is noteworthy that in the Letter dated 01.02.2010 N 03-04-08 / 6-18 the Ministry of Finance of Russia expressed a slightly different opinion. The officials agreed that the Tax Code of the Russian Federation provides for the determination of the tax base in relation to material benefits only on the date of interest payment. Therefore, if in tax period interest is not paid, then there is no income taxed with personal income tax.

Concerning judicial practice on the issue under consideration, it is still not numerous and proceeds from the fact that when a taxpayer receives an interest-free loan, he has income taxable with personal income tax. And the actual date of its receipt is the day of return of borrowed funds (see, for example, Resolutions of the Federal Antimonopoly Service of the West Siberian District of 01.08.2012 N A27-9497 / 2011, FAS of the Ural District of 22.06.2012 N F09-4788 / 12).

When the borrower receives income in the form of material benefits, the calculated amount of personal income tax is withheld by the lender at the expense of any income paid to the borrower in cash upon their actual payment. The withheld amount of personal income tax cannot exceed 50 percent of the amount of income paid by the lender in cash (paragraphs 1, 2, clause 4, article 226 of the Tax Code of the Russian Federation).

Insurance premiums when providing an interest-free cash loan to an individual

The material benefits from savings on interest are not accrued insurance premiums:

- to state extrabudgetary funds (parts 1, 3, article 7 of the Federal Law of 24.07.2009 N 212-FZ). A similar conclusion follows from the Letters of the Ministry of Labor of Russia dated February 17, 2014 N 17-4 / B-54 (item 1), the Ministry of Health and Social Development of Russia dated May 19, 2010 N 1239-19;

- mandatory social insurance from accidents at work and occupational diseases (clause 1 of article 5, clause 1 of article 20.1 of the Federal Law of 24.07.1998 N 125-FZ).

Income tax

The funds transferred under the loan agreement do not apply to the lender's expenses (clause 12 of article 270 of the Tax Code of the Russian Federation). The amount of funds received as repayment of the loan is not the lender's income (clause 10, clause 1, article 251 of the Tax Code of the Russian Federation) ). Thus, the organization does not have any expenses or income for this operation.

Accounting

D 73-1 K 51 (50) - The amount of the loan provided to the employee is reflected

When paying wages:

D 70 K 68 - Personal income tax withheld from income in the form of material benefits from savings on the payment of interest on the loan

D 68 K 51 - Withholding personal income tax transferred to the budget

When repaying a loan:

D 50 K 73-1 - Reflected the return of the loan by depositing funds to the organization's cash desk

Question

Clarification - does the LLC have a “lost profit”?

Answer

The Ministry of Finance of Russia twice confirmed its position that there are no interest-free loans for the borrower tax consequences (Letters from 11.05.2012 N 03-03-06 / 1/239 and from 18.04.2012 N 03-03-10 / 38).

Earlier, in the Letter of the Ministry of Finance of Russia dated March 14, 2007 N 03-02-07 / 2-44, a detailed explanation of this position was given, which can be attributed to both the borrower and the lender.

“Income from the gratuitous use of monetary funds or other thing under a loan agreement in accordance with Art. 41 of the Code could be recognized as an economic benefit taken into account for the purposes of Ch. 25 of the Code, if it can be assessed and to the extent that such benefit can be assessed, and determined in accordance with this chapter. However, Ch. 25 of the Code, the economic benefit from saving on interest when receiving the loan amount free of charge is not provided for in the composition non-operating income for profit tax purposes ”.

We add to this that Ch. 25 of the Tax Code of the Russian Federation does not contain a rule obliging the taxpayer-lender to determine the loss of profit on interest-free loans.