Many founders get money from the organizations they established as an interest-free loan. Such an operation is issued account cash warrant or Bank transfer of funds to the personal account. The main risk is that the obligation to pay the tax provided by applicable law for physical persons, receiving material benefit from the use of an interest-free loan. The founder is equivalent to a conventional borrower, it does not provide any privileges upon receipt of funds in the organization as a loan.
The obligation to pay the tax with material benefit received as a result of using an interest-free loan, provided by article 212 of the RF Tax code. If the loan is interest free or interest rate for use of funds less than two-thirds of the current refinancing rate, the settlor will receive a taxable benefit. With an interest-free loan to calculate a specified gain, multiply the loan amount by two-thirds of the refinancing rate, and then divide the resulting value by 365 and multiplied by the number of calendar days of the loan. The result is a material gain in roubles, and then should calculate and pay thirty-five percent of this amount because such a tax rate is established for income of this type. The organization will calculate and pay this tax by holding funds from the salary of the founder, if he concurrently holds any position in this company. If the founder of the company is not working, then he alone must pay the appropriate amount of tax.
The founder may avoid paying tax in the budget the only way is to establish interest on the loan. In this case the interest you will have to pay the private company, and the interest rate shall be not less than 2/3 of the refinancing rate. The only option of interest-free use of cash without the risk of incurring additional costs in the form of taxes is a loan for the purchase of housing provided by the founder, who has the right to a property deduction and uses the relevant law.
How to calculate material benefit of the settlor?
The obligation to pay the tax with material benefit received as a result of using an interest-free loan, provided by article 212 of the RF Tax code. If the loan is interest free or interest rate for use of funds less than two-thirds of the current refinancing rate, the settlor will receive a taxable benefit. With an interest-free loan to calculate a specified gain, multiply the loan amount by two-thirds of the refinancing rate, and then divide the resulting value by 365 and multiplied by the number of calendar days of the loan. The result is a material gain in roubles, and then should calculate and pay thirty-five percent of this amount because such a tax rate is established for income of this type. The organization will calculate and pay this tax by holding funds from the salary of the founder, if he concurrently holds any position in this company. If the founder of the company is not working, then he alone must pay the appropriate amount of tax.
How to avoid paying tax on the settlor?
The founder may avoid paying tax in the budget the only way is to establish interest on the loan. In this case the interest you will have to pay the private company, and the interest rate shall be not less than 2/3 of the refinancing rate. The only option of interest-free use of cash without the risk of incurring additional costs in the form of taxes is a loan for the purchase of housing provided by the founder, who has the right to a property deduction and uses the relevant law.
