A cash transfer agreement may be gratuitous. This is not against the law. The loan agreement is initially interest-free if its content does not indicate the amount of interest for using borrowed funds. His sample is easy to find freely available in various versions. It must be remembered that the sample needs professional treatment before conclusion. This must be done to respect the interests of both parties.
With proper registration, the document will regulate the relationship of the lender and the borrower. Such interest-free cash loans are concluded by some organizations with their employees.
How to make an interest-free loan agreement between a legal entity and an individual
For this it is necessary to agree on all the conditions that should be reflected in the text of the document. If the received funds will be used by the citizen for the purpose of obtaining financial benefits, he will be obliged to pay VAT. If a citizen’s activity does not imply a benefit from borrowed funds, this clause should be clearly described in the conditions.
Contracts between an individual and a legal entity may be:
The nature of the transaction should be clearly indicated in the document. This affects the tax implications for the citizen.
In addition, the document must contain reliable information about the parties to the transaction. It is necessary to fill in all the details of both parties, designate the terms of return and refund procedure. An additional item should be the order of the judicial collection and the amount of indexation in case of untimely repayment of the loan by the legal entity who issued the loan, otherwise the existing agreement would fall under Article 208 of the Civil Code of the Russian Federation. And the penalty will be made in the manner prescribed by this article.
Sample interest-free loan agreement between a legal entity and an individual
The conditions prescribed in this sample are general. This allows you to do the minimum adjustment.
Sample interest-free loan between the founder and the organization
Registration of an interest-free loan between the organization and its founder implies the absence of profit. In fact, a citizen transfers an asset from personal use to an organization belonging to him.
Returns are recorded in the balance sheet as a short-term or long-term commitment. The only case of the foundation of the organization to pay VAT is debt forgiveness. Only then does the organization gain undoubted benefits.
Interest-free loan agreement between legal entity and legal entity
The conclusion of such transactions is under the control of the state when the amount of the transaction is more than 600,000 rubles. (Federal Law No. 115 dated November 8, 2011). Such contracts must be submitted to the tax authority and strict records are kept. This measure allows you to prevent money laundering, and also helps in the fight against terrorism.
If one legal organization several times gives money without interest to another, it may be suspected of illegal lending activities.
Having received money from a legal entity, a citizen will have to pay tax on them, but this can be avoided if the amount of funds received or the value of things transferred to an individual is less than 50 minimum wage.
An interest-free loan between legal entities does not involve the payment of tax, since there is no gain acquired. The receiving party gives the received funds in the same amount. The balance of the organization does not form a profit that falls under taxation.
Interest-free loan agreement between an individual and an individual
Mandatory written execution of an interest-free loan agreement between an individual and an individual comes from the amount of 10 minimum wage.
Contracts between individuals can be:
In the first case – one side transfers the other cash loan without interest. In the second case, material values are subject to transfer.