The ability to issue loans is not the prerogative of credit institutions only. This can be done by any organization with sufficient financial resources. Often, loans are issued to employees in order to reward them for their successful work and motivate qualified specialists to further cooperation. The ability to borrow at a small percentage and ask for a convenient repayment term makes the loan from the employer attractive to the employee.
How to draw up a loan agreement
The relationship between the employer and the employee receiving the loan is executed in a loan agreement. It sets out the essential conditions:
- Amount issued to the borrower.
- The purposes for which the loan is taken.
- Interest on the loan, the method of their calculation.
- The procedure for interest payment and loan repayment: in cash at the organization’s cash desk or withholding part of the salary on the basis of a personal application.
- The method of issuing funds to the borrower under the contract: in cash from the cashier or by transfer to a bank account.
- Possibility of early repayment.
- Other conditions.
Based on Law 173-, only credit organizations are entitled to issue loans and credits in the currency of another state. At the place of work, an employee can receive a loan only in rubles. In the case when the interest rate is not indicated in the contract, on the basis of Article 809 of the Civil Code of the Russian Federation, by default it is taken equal to the refinancing rate. If an employee is granted an interest-free loan, this must be indicated in the contract.
Reflection of lending operations
For loans issued, accounting entries will depend on the terms of the contracts on the basis of which loans were issued. Postings can be made on account 58 or 73. Financial investments are recorded on account 58. One of the conditions for classifying the amount as financial investment is the possibility of obtaining future income. It is clear that an interest-free loan in this account cannot be taken into account. Therefore, there are two possible ways to reflect this operation:
- Loans issued to employees. Postings to the account “Financial investments”.
Debit | Credit | Note |
58 | fifty | Cash paid out of cash |
58 | 51 | Transferred money to the current account |
2. Issued interest-free loans. Postings to the account "Calculations on loans granted."
Debit | Credit | Note |
73.1 | fifty | Cash paid out of cash |
73.1 | 51 | Transferred money to the current account |
How to calculate interest on a loan
According to Article 807 of the Civil Code of the Russian Federation, the day the loan agreement comes into force will be the day the cash was issued from the cash desk or the loan amount was transferred by payment order to the employee’s bank account.
On the basis of Article 191 of the Civil Code of the Russian Federation, the term for the use of money received in debt begins on the day after the entry into force of the contract. On the last date of each calendar month in which the loan is issued, postings on the calculation of interest on the loan issued to the employee are reflected in the accounting statement.
Debit | Credit | Note |
58 | 91 | The interest on the loan is allocated to other income |
Regarding when the accrual of interest on a loan ends, there is no consensus among lawyers and accountants. The problem is whether to accrue interest on the day on which the full repayment occurred: the borrower paid the last part of the debt to the cashier or wage deduction was made for the entire amount of the balance. There are no specific instructions in the legislation on this matter. To avoid questions and disagreements, it is better to indicate this point in the loan agreement.
How to reflect the loan repayment and interest payments
Money should be paid to the organization’s cash desk or transferred to its current account at the specified time by the employee to whom the loan was issued. Postings are made on the
credit of the accounts on which the accrual was made.
Debit | Credit | Note |
58 | fifty | Cash deposited |
58 | 51 | Transferred money to the current account |
58 | 70 | Withheld part of salary for repayment of loan and interest |
73.1 | fifty | Interest-free loan refunded |
73.1 | 51 | Money transferred to a current account repayment of an interest-free loan |
73.1 | 70 | Part of the salary for repaying an interest-free loan was deducted. |
There is an opinion that it is impossible to withhold debts on loans and interest from wages. It is based on article 137 of the Labor Code, which lists all types of possible deductions. The list is closed. Other federal laws provide some additional justification for certain deductions from wages, but loan repayments are not mentioned anywhere. The issue is controversial, perhaps the State Labor Inspectorate will find violations in such retention. If, nevertheless, the organization decided to repay the debt by withholding part of the salary, it is imperative to add this to the contract and take a statement of consent from the employee.
Features of a loan to the founder of the organization
Theoretically, the issuance of a loan to the founder is different in that he is not an employee. Therefore, to issue an
interest-free loan , a set of settlements is used not with personnel, but with other debtors. If a loan is issued to the founder, the postings will look like this:
Debit | Credit | Note |
76 | fifty | Cash paid out of cash |
76 | 51 | Transferred money to the current account |
In practice, issuing a loan to the founder is a way to withdraw your money from the organization. Until 2016, loans were granted to the founders interest-free and practically non-repayable, the agreements on them were renewed again and again, it had no consequences.
What is the material benefit of the borrower from savings on interest
In connection with the issuance of loans without interest or at a very low rate, the concept of the material benefit of the borrower arises from savings on interest payments. According to the definition of the Tax Code, a borrower receives material benefit if the interest on his loan is less than 2/3 of the Central Bank refinancing rate. Today it is 7.75%, and 2/3 of it is 5.16%. If the borrower took a loan below this rate, for example, at 3% per annum, then the difference between 5.16% and 3% will be considered a material benefit. An employee who receives an interest-free loan will receive a benefit of 5.16% per annum. It withholds income tax at a rate of 35%.
Until 2016, material benefits were calculated at maturity. On the day when the employee returned the last part of the money and fully fulfilled the obligations, the accountant had to calculate how much interest he would pay based on 2/3 of the refinancing rate, subtract the amount of actually paid interest from it and keep 35% of personal income tax from the difference. Since the founders did not pay loans, the moment of repayment did not come, the tax was not charged.
Since 2016, material benefits, according to the amendments made to the Tax Code, are calculated monthly. If you do not repay the interest-free loan for a long time, you will have to pay a tax on material benefits on a monthly basis. For founders, this way of withdrawing money is now becoming less attractive.
When you can not pay personal income tax
You will not have to pay personal income tax on the amount of material benefit if the employee took a loan for the purchase of housing. In this case, the purpose of the loan will be spent on the loan agreement. After the acquisition of housing, it is necessary to provide the employer with documents confirming the intended use of the funds. If an employee with a mortgage loan takes out a loan at a more favorable interest rate in order to pay off the mortgage at the bank, personal income tax must be withheld because housing was purchased earlier than the borrowed funds.
How does the issue of loans on income tax and STS
Amounts issued as loans cannot be included in the amount of expenses taken into account when determining the tax base of income tax and STS. If a loan is issued with interest accrual, then their amount is included in the base, like other non-operating income, and income tax is accrued on it.
Employee debt forgiveness
Legislation allows for the possibility for the employer to forgive the debtor employee or the remainder of the debt. This can happen if the employee has a difficult
financial situation. There are two ways to issue
debt forgiveness :
- Conclude an additional agreement to the loan agreement.
- Make a gift agreement.
When the debt is written off to the employee to whom the loan is issued, postings are made to the debit of the account “Other income and expenses”.
In any case, the entire outstanding loan amount becomes the borrower's income and 13% income tax should be withheld from it. But in the second case, the amount of 4000 rubles. will be exempted from taxation, on the basis that article 217 of the Tax Code states that gifts worth up to 4000 rubles. Personal income tax is not taxed.
For income tax, the amount of an unpaid loan cannot be allocated to expenses and the tax base will not be reduced. But insurance premiums for the amount forgiven by agreement will have to accrue. No insurance premiums are accrued on the amount donated. So it’s more profitable for both parties to act by drawing up a deed of gift.