Accounting for interest on debt obligations. Maximum loan interest: what the law says Maximum allowed interest rate on a loan

Loan interest accepted for taxation in 2019 is regulated by Art. 269 ​​of the Tax Code of the Russian Federation. Despite the abolition of rationing, for most companies the issue of tax accounting for “credit” interest is still relevant. Find out what nuances borrowers may encounter, including loan interest in tax expenses, from our material.

The current general approach to accounting and calculating interest is based on 4 basic principles:

• accounting - interest is accounted for separately from the principal amount of the loan;
• total - when calculating income tax, interest is taken into account in the full amount, the amount of which is specified in the agreement (except for loans and credits recognized as controlled transactions);
• calculated (for a non-fixed interest rate) - for loans and credits, a single formula is used to determine the amount of interest included in expenses (∑%):

∑% = ∑K × SC × KD / KG,

∑К — loan amount;

SC - interest rate;

KD and KG - number of days: use of borrowed funds and in a year, respectively (365 or 366).

• temporarily ́ th - interest is reflected in accounting:
• for companies on OSNO - on the return date borrowed funds or on the last date of each month throughout the entire period of use of borrowed funds;
• for “simplers” - during the interest payment period (subclause 1, clause 2, article 346.17 of the Tax Code of the Russian Federation).

What expenses can be taken into account for the “simplified”, find out from the material “List of expenses under the simplified tax system “income minus expenses”” .

We will introduce you to the algorithm for normalizing interest in the situation of concluding a loan agreement recognized as a controlled transaction in the next section.

“Controlled” interest: tax regulation - 2019

The main features of the tax rate regulation algorithm currently used, according to the Tax Code of the Russian Federation, are:

• its two-way effect - not only the borrower’s “interest” expenses are normalized, but also the lender’s “interest” income;
• the presence of “safe” rate intervals - if interest falls within this interval, its entire amount is included in tax expenses without restrictions.

Standardization intervals and safe intervals are specified in clause 1.2 of Art. 269 ​​Tax Code of the Russian Federation. For example, in 2019, all interval indicators for ruble debt obligations arising as a result of transactions recognized as controlled must be calculated the same way - from 75 to 125% of the Central Bank key rate.

The “interval” rule for rationing interest is prescribed in clause 1.1 of Art. 269 ​​of the Tax Code of the Russian Federation and is as follows - if the rate:

• exceeds the minimum value of the interval - “interest” income is recognized at the actual rate;
• less than the maximum value of the interval - interest expense is recognized at the actual rate;
• has gone beyond the interval - income (expenses) are calculated taking into account the application of pricing methods for related parties listed in clause 1 of Art. 105.7 of the Tax Code of the Russian Federation (method of comparable market prices, cost method, etc.).

Since 2017, the list of cases when debt is recognized as controlled has expanded: controlled debt includes debt under a debt obligation to a Russian company or individual that is interdependent in relation to the following foreign organization or individual:

• their share of participation (direct or indirect) in the taxpayer exceeds 25%;
• or such foreign persons participate in the taxpayer through other organizations and the share of direct participation in each of the other organizations exceeds 50%.

To recognize interest on controlled income tax debt, you must:

• compare its size with the equity capital of the borrowing organization as of the last date of the reporting (tax) period;
• calculate the maximum amount of interest taken into account in expenses, taking into account the capitalization ratio (according to the norms of paragraphs 4-5 of Article 269 of the Tax Code of the Russian Federation), if controlled debt exceeds equity capital by more than 3 times (for companies engaged in leasing activities - by more than 12, 5 times);
• recognize interest based on actual rates, if there is no such excess.

It should be noted that tax accounting for interest on loans affects not only income tax, but also other taxes. Find out about this in the next section.

Normalization of interest in various situations

The loan to the company was provided by its employee or other individual.

It happens that an employee of a company or a citizen not associated with it in an employment relationship acts as a lender. The agreement with him may also stipulate interest as payment for the use of borrowed funds.

In such a situation, the company has the right to include in the tax amounts the entire amount of interest without restrictions (if the transaction is not recognized as controlled). But at the same time, the borrower has an additional tax obligation - to calculate and withhold income tax.

In this case, the borrower must fulfill the duties of a tax agent for personal income tax taking into account the following:

• the borrower calculates and withholds personal income tax based on the amount of interest and at the corresponding tax rates (clause 1 of Article 210, clauses 1, 3 of Article 224, clause 2 of Article 226 of the Tax Code of the Russian Federation);
• the borrower transfers interest to the lender’s card (or gives it to him from the cash register) minus personal income tax;
• transfer of withheld personal income tax to the budget is made within the time limits specified in clause 6 of Art. 226 Tax Code of the Russian Federation;
• The borrower’s responsibilities include reflecting accrued “interest” income and the corresponding payment of personal income tax in the tax register and reporting (6-NDFL L, 2-NDFL).

The materials posted on our website will tell you how to correctly fill out reporting form 6-NDFL for a tax agent:

• “Date of tax withholding in form 6-NDFL” ;
• “Sample of filling out the tax register for 6-NDFL” .

If a company pays an individual “interest” income not in money (for example, in goods or products), the algorithm of actions is as follows:

• Personal income tax must be withheld from any income paid by the borrower company to the individual lender (clause 4 of Article 226 of the Tax Code of the Russian Federation);
• if the borrower does not have the opportunity to withhold personal income tax, he is obliged to inform the tax authorities and the lender about this (clause 5 of Article 226 of the Tax Code of the Russian Federation) - this must be done before March 1 of the year following the expired tax period.

Loan for the acquisition (construction) of an investment asset

Tax accounting for interest on credits (loans) issued for the acquisition (creation) of property is carried out according to a simple scheme - including interest in non-operating expenses. Whether it is an investment asset or an ordinary one does not matter.

At the same time, another rule applies in accounting - interest increases the initial cost of an investment asset if this asset is created with the participation of borrowed funds.

The loan was used to pay dividends

If dividends are paid from the received loan funds, interest can still be included in expenses in tax accounting - there are no restrictions in the Tax Code of the Russian Federation for recognizing expenses related to the payment of dividends.

Officials, judges and inspectors agree with this statement:

• letter of the Ministry of Finance of Russia dated July 24, 2015 No. 03-03-06/1/42780;
• Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 23, 2013 No. 3690/13;
• letter of the Federal Tax Service of the Russian Federation dated December 24, 2013 No. SA-4-7/23263.

What taxes are dividends subject to, see the material “Is personal income tax charged on dividends?” .

The nuances of “natural” interest

The counterparty can pay for the use of borrowed funds not only with money - the debt on accrued interest can be repaid with other material assets (products, goods, etc.).

The loan itself can also be issued in kind, and by default it is considered interest-free. At the same time, it is not legally prohibited to provide for interest on “natural” loans - the main thing is that their amount is indicated in the agreement (Article 809 of the Civil Code of the Russian Federation). For “in-kind” loans, interest can be set both in cash and in kind.

In such a situation, several questions arise, namely:

• What value of the transferred property can be taken into account in tax expenses - contractual or market?
• Is it possible to take into account VAT accrued on the value of the property transferred to pay interest?

When deciding the issue of “market price”, it is necessary to take into account that it is possible to recognize the price as corresponding to the market price if (Article 105.3 of the Tax Code of the Russian Federation):

• it corresponds to the price level regulated by the state or is agreed with the Federal Antimonopoly Service of Russia;
• the price is confirmed by a report from an independent appraiser or established in a pricing agreement (in accordance with Chapter 14.6 of the Tax Code of the Russian Federation);
• complies with other conditions established by the Tax Code of the Russian Federation (Article 280 of the Tax Code of the Russian Federation, etc.).

The above conditions are considered in the case when the borrower and the lender are interdependent, and the loan agreement is classified as a controlled transaction.

If the loan agreement is not recognized as a controlled transaction, the borrower has the right to take into account in tax expenses the amount of interest specified in the agreement.

VAT on the amount of interest under a loan agreement in kind is calculated on the entire amount at a rate of 20%.

Find out what VAT rates are currently applied from the materials in the section “Tax rates for VAT in 2018-2019 in Russia” .

Results

Interest on loans is standardized if the parties to the loan agreement are interdependent and the transaction is classified as controlled. In other cases, interest can be included in tax expenses without restrictions.

FSS "Financial Director"

Chapter 25 of the Tax Code of the Russian Federation defines debt obligations - these are loans, commodity and commercial loans, loans, bank deposits, bank accounts or other borrowings, regardless of the method of their execution.

In accordance with Article 269 of the Tax Code of the Russian Federation, on debt obligations of any type, interest calculated on the basis of the actual rate is recognized as income (expense).

Interest is calculated using the following formula:

% = Loan amount x Loan rate x (Number of days of use / 365 (366) days)

Example, an organization issued a loan on February 15, 2017 in the amount of 5,500.5 thousand rubles. for a period of 1 year. Interest rate - 11%. According to the terms of the agreement, the loan amount and accrued interest are paid at the end of the agreement.

In the 1st quarter of 2017, the organization will reflect in non-operating income the amount of 72,938.13 rubles, including:

as of 02/28/2017 - 21,549.90 rubles. (RUB 5,500,500 x 11% / 365 days x 13 days);
as of March 31, 2017 - RUB 51,388.23. (RUB 5,500,500 x 11% / 365 days x 31 days).

Interest received under loan agreements, credit agreements, and other debt obligations is recognized as non-operating income (expenses) taxpayers ( clause 6 art. 250, sub. 2 p. 1 art. 265 Tax Code of the Russian Federation Tax Code of the Russian Federation).

When allocating interest on debt obligations, you must be guided by the provisions of Article 252 of the Tax Code of the Russian Federation, according to which all expenses of an organization must be related to its activities and aimed at generating income.

This issue is quite often considered by tax authorities when conducting audits. And since the official position of the Ministry of Finance of the Russian Federation is also quite ambiguous, this creates precedents for tax disputes.

Existing judicial practice on this issue is extensive and varied.

For example, a controversial issue is the recognition of interest on a loan aimed at paying dividends.

If the company takes into account these interests in expenses when calculating income tax, then it will be possible to be guided by the position set out in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 23, 2013 N 3690/13 in case N A40-41244/12-99-222. At the same time, the taxpayer’s main argument will be that the payment of dividends is an activity aimed at generating income. When reading verbatim the provisions contained in Articles 265 and 269 of the Tax Code of the Russian Federation, there are no restrictions regarding the inclusion in expenses of interest on debt obligations associated with the payment of dividends.

However, there is also the opposite opinion - interest on a loan (loan) aimed at paying dividends cannot be taken into account in expenses. In this case, the financial department outlined its position in letters:

• Letter of the Ministry of Finance of Russia dated 05/06/2013 N 03-03-06/1/15774,

• Letter of the Ministry of Finance of Russia dated March 18, 2013 N 03-03-06/1/8152.

There is also a Resolution of the FAS of the Volga District dated 03/14/2012 in case No. A57-8020/2011 that supports this position (Decision of the Supreme Arbitration Court of the Russian Federation dated 11.10.2012 No. VAS-7971/12 refused to transfer this case to the Presidium of the Supreme Arbitration Court of the Russian Federation), it states , that raising borrowed funds to pay dividends in the presence of profits is inappropriate. The costs of paying interest on loans in the case under consideration do not meet the criterion of economic justification.

Thus, the taxpayer’s position on including interest on a loan aimed at paying dividends will have to be defended in court.

Let's consider the features of accounting for interest for the purpose of calculating income tax.

When accounting for interest on debt obligations to calculate income tax, you must be guided by Article 269 of the Tax Code of the Russian Federation.

From January 1, 2015, the legislator clause 17 of Art. 3, part 2 art. 6 of Federal Law No. 420-FZ of December 28, 2013, significantly changed the above article in terms of recognizing interest in expenses.

According to the new rules, interest on debt obligations is recognized based on the actual rate.

That is, for most companies, the “headache” that requires constant monitoring of interest rates for the purpose of calculating income tax has disappeared.

But, to any rule, there are exceptions.

And in this case, these are credits (loans) that can be recognized as controlled transactions.

If the transaction between the borrower and the lender satisfies the concept of “controlled”, then the expenses will include interest calculated based on the actual rate, but taking into account the provisions of Section. V.1 Tax Code of the Russian Federation.

The concept of controlled transactions in our legislation appeared relatively recently. This is a special norm of the legislator aimed at controlling transfer prices, that is, at the procedure for determining the cost of goods and services between interdependent parties.

The main purpose of this control is to prevent the withdrawal of funds from taxation in the Russian Federation, to exclude possible price manipulations between interdependent persons of the same group of companies.

Let's remember what applies to controlled transactions. The definition of controlled transactions is contained in Art. 105.14 Tax Code of the Russian Federation.

The list of controlled transactions is quite extensive, so we will present only some of the conditions under which a transaction can be recognized as controlled.

Thus, if a loan transaction falls into the category of controlled loans, the taxpayer needs to check whether the rate applied to the debt obligation corresponds to the market rate. The verification is carried out using the methods enshrined in Art. 105.7 Tax Code of the Russian Federation.

That is, the taxpayer compares the rate provided for in his agreement (actual) with the values ​​​​established in paragraphs 1.2, 1.3 of Art. 269 ​​of the Tax Code of the Russian Federation. The size of such values ​​depends on the currency in which the debt obligation is issued.

If the actual rate falls within the range provided for by the Tax Code of the Russian Federation, the taxpayer has the right to include as expenses the entire amount of interest calculated at this rate. Otherwise, he must use the standardization method in accordance with Sec. V.1 of the Tax Code of the Russian Federation (clause 1.1 of Article 269 of the Tax Code of the Russian Federation).

Thus, starting from 2015, expenses on debt obligations are taken into account:

• for “regular” transactions are taken into account based on the actual rate,

• for transactions recognized as controlled, despite the fact that the interest rate is within the limits of the interval (above the minimum and below the maximum limits), - based on the actual rate, if it is less than the maximum value of the interval of limit values,

• for controlled transactions, if the rate goes beyond the established interval - based on the actual rate, but not higher than its market size.

In addition, the provisions of Article 269 of the Tax Code of the Russian Federation establish specifics when accounting for interest on debt obligations recognized as controlled debt.

Let's consider this situation in more detail.

On January 1, 2017, new provisions of the Tax Code of the Russian Federation came into force (Federal Law No. 25-FZ dated February 15, 2016 (hereinafter referred to as the Law).

Let's analyze the main amendments that the legislator made and what impact they will have if an organization has a controlled debt.

Firstly, The range of transactions falling under these rules has expanded. From this year, debt to individuals, and not just to a foreign organization, can be recognized as controlled. Also, if a foreign creditor does not participate in the capital of the borrowing organization, but is an interdependent person of a foreign entity directly or indirectly participating in the capital of the borrower, then the debt will be considered controlled. In essence, the legislator has defined an approach according to which debt to a foreign “sister” company is considered controlled.

Secondly, there is no discrepancy in determining the threshold of direct or indirect ownership of authorized capital for interdependent persons established in Article 105.1 of the Tax Code of the Russian Federation and Art. 269 ​​of the Tax Code of the Russian Federation (from 20% to 25% - this figure is determined by Article 105.1 of the Tax Code of the Russian Federation).

Very often in practice the question arises of how to determine the share of participation of a foreign company in a Russian one, but if with direct participation everything is more or less clear, then with indirect participation companies have difficulties.

Let's give a specific example.

Foreign company A issued a loan Russian company"Rose". At the same time, the founders of the borrower company “Rosa” are LLC “Gladiolus” - a share in the authorized capital of 25%, LLC “Pion” - a share in the authorized capital of 75%.

In turn, foreign company “A” owns a 60% share of the Gladiolus Management Company and a 20% share in the Pion Management Company LLC.

Calculation: The share of indirect participation of Foreign Company “A” in the borrower company will be 30 percent. (60% x 25% + 20% x 75%)

Conclusion: debt of the borrowing company "Rosa" to foreign company will be considered controlled.

Thirdly, Now, controlled debt is determined by the totality of loans. Previously the order was different. The Financial Department (letter dated January 27, 2015 N 03-03-06/1/2538) took the position and explained that the capitalization ratio is determined separately. Finally, the legislator settled this issue and resolved legal disputes on it. It is true that some courts previously believed that when determining the capitalization ratio, the amount of outstanding controlled debt for all debt obligations to the same foreign organization in the aggregate should be taken into account (Resolution of the Federal Antimonopoly Service of the Central District dated October 25, 2012 N A09-3038/2011 (Determination of the Supreme Arbitration Court of the Russian Federation dated 02.20.2013 N VAS-17204/12 refused to transfer this case to the Presidium of the Supreme Arbitration Court of the Russian Federation, Arbitration Court of the East Siberian District in the Resolution dated 03.19.2015 N F02-711/2015 in case N A33-23100/2013)

So, this rule “simplified” the life of taxpayers.

But there is also a not-so-happy moment for taxpayers. So, now (the norm is established by paragraph 13 of Article 269 of the Tax Code of the Russian Federation), the court can recognize as controllable the outstanding debt of a taxpayer - a Russian organization for debt obligations not specified in paragraph 2 of this article, if it is established that ultimate goal payments on such debt obligations are payments to the organizations named in paragraphs. 1 and 2 paragraphs 2 art. 269 ​​of the Tax Code of the Russian Federation. That is, even if the loan was issued by an independent person, but based on the totality of circumstances it can be established that the final recipient of interest income is a company interdependent with the debtor, then the debt will be considered controlled.

Also, from 01.01.2017, in accordance with clause 7, outstanding debt under a debt obligation will not be recognized as a controlled debt for a Russian organization if the calculation and withholding of the amount of tax on interest income by a foreign organization paid under such a debt obligation is not carried out by the tax agent in accordance with pp. 8 paragraph 2 art. 310 Tax Code of the Russian Federation.

Fifthly, there is a direct ban on recalculating interest on controlled debt. Now, if the capitalization ratio changes in a subsequent reporting period or at the end of the tax period compared to previous reporting periods, the maximum amount of expenses will not be recalculated. (clause 4 of article 269 of the Tax Code of the Russian Federation). The financial department and the Supreme Arbitration Court of the Russian Federation followed a similar approach.

As for the calculation of maximum interest rates on controlled debt, there have been no fundamental changes. Federal Law No. 25-FZ introduced only some clarifications to the tax rules (in particular, the numbering of paragraphs of Article 269 of the Tax Code of the Russian Federation was changed: in 2016 it was paragraphs 2 - 4, in 2017 - paragraphs 3 - 6).

They will continue to be applied in cases where the amount of the taxpayer’s controlled debt is more than 3 times (for banks and organizations engaged in leasing activities - more than 12.5 times) at the last date of the reporting (tax) period exceeds the equity capital.

The interest rate specified in the loan agreement is its essential condition. In most cases, the credit institution, after agreement with the borrower, establishes the procedure for determining the loan rate and its size, including depending on the changing conditions provided for in the agreement between the parties to the transaction. This moment is prescribed in clause 1 of Article 819 of the Civil Code of the Russian Federation; Part 1 Art. 29, part 2 art. 30 of the Law of December 2, 1990 No. 395-1; clause 4, part 9, art. 5 of the Law of December 21, 2013 No. 353-FZ.

In this article we will understand Which maximum size The bank has the right to set interest on the loan and microfinance organizations. We would like to draw your attention to the fact that our material examines the issues of the maximum interest rate specifically for consumer lending (targeted and non-targeted loans to individuals).

How is the interest rate on consumer loans regulated?

If we refer to Part 1 of Art. 9 of Law No. 353-FZ, then we learn that the interest rate under a consumer credit agreement can be either fixed or variable. Different types interest rates on loans are selected depending on loan products and lending conditions in certain banks.

A credit institution, in most cases, under a loan agreement concluded with a borrower who is an individual, does not have the right to independently change the amount of interest on the loan or reduce the term of the agreement.

If we talk about a consumer loan, then the bank unilaterally only has the right to reduce the interest rate on a consumer loan on the basis of Part 4 of Article 29 of Law No. 395-1 and Part 16 of Article 5 of Law No. 353-FZ.

In the contract consumer loan, in which the mandatory conclusion of an insurance contract is indicated, a condition may be stated that the lender has the right to decide to increase the interest rate on what is provided.

This can happen if the consumer does not fulfill his life insurance obligations (health, job loss, ...) for more than 30 calendar days.

Thus, if, when receiving a loan for several years, the client insured his life only for the first year, and then did not insure himself, then after a year the bank can raise the interest rate on the already issued consumer loan.

Please note that if the borrower refused insurance and the bank decided to increase the interest rate on an existing loan, this rate can only be increased by the level that was fixed at the time of signing the loan agreement in accordance with Part 11 of Article 7 Law No. 353-FZ.

At the legislative level in Russia, a limitation on the total cost of credit (FLC) has been fixed, which has a direct impact on the interest rate in Russian banks.

By law, in a loan agreement, a bank cannot establish interest rates on a consumer loan that exceed the average market interest rates by more than one third. The calculation of the average market interest rates is carried out by the Central Bank of Russia quarterly.

The Central Bank has the right to cancel the limitation on interest rates on loans to banks only if there is a situation in the country dramatic change market conditions (according to Part 11 of Article 6 of Law No. 353-FZ).

Note! Once a quarter, the Bank of Russia calculates the average market value of the PSC as a weighted average value for at least 100 leading banks in the country, both for certain types of credit products, or for no less than for credit products of one third of the total number of credit institutions of the Russian Federation (according to Part 10 of Art. 6 of Law No. 353-FZ).

The Bank of Russia publishes the average market value of the PSC once a quarter in the form of information and analytical materials on the official website of the Central Bank of the Russian Federation - “Information on the average market value of the full cost of a consumer loan (loan).”

What is the maximum interest rate on a microloan that an MFO can set?

Let's look at the features of interest rate restrictions on microloans issued not by a bank, but by a microfinance organization (MFO).

If a consumer loan agreement was concluded with a microfinance organization for a short period (up to 12 months) starting from 01/01/2017, then the interest rate on it is limited to three times the loan amount.

The exception is payments in favor of microfinance organizations for additional services, as well as fines and penalties in case of delays (see Part 9, Part 1, Article 12 of Law No. 151-FZ dated July 2, 2010, and Part 7, Article 22 of Law No. 3, 2016). 230-FZ).

If we talk about consumer loan agreements that MFOs entered into in the second quarter of 2017, the average market value of the PSC for a consumer microloan without collateral (with the exception of POS microloans), in the amount of up to 30,000 rubles and for a period of 30 days inclusive, amounted to 599.367%. Thus, the maximum PSC was 799.156%.

Please note that if you took out a microloan from a microfinance organization under a short-term agreement after 01/01/2017, then in case of delay in repaying the microloan amount or paying interest on this loan, the microfinance organization has the right to charge you a penalty (fines, penalties), or other measures of liability for the outstanding portion of the principal debt under the loan agreement. In addition, the MFO may continue to accrue interest on the outstanding portion of the principal amount until the total interest amount reaches twice the amount of the outstanding portion of the loan in accordance with Art. 12.1 of Law No. 151-FZ.

In this article you can get acquainted with very useful information regarding the level of standardization of interest on loans and borrowings provided for firms/companies/organizations for 2017.

How is interest on loans calculated in 2017?

Since 2016 the rationing of interest expenses on debt obligations for tax purposes was abolished. As for the interest on the loan, which was accepted for taxation in 2017, they must be taken into account in expenses, based on the actual level of the rate. The same rule is usually used in rationing income. However, as with every rule, there is also an exception, which the experts described below.

So, for those debt obligations that arose during the implementation of controlled transactions, interest calculated from the actual level of the rate, taking into account the provisions of Section V.1 of the Tax Code regarding controlled transactions, will be recognized as expense/income (this exception applies when carrying out transactions between persons who are related ). An exception is those cases in which one of the parties to a controlled transaction is a bank. In this situation, the taxpayer has the following rights:

Recognition as income of interest calculated based on the level of the actual rate, if it is higher than the minimum value of the established interval of limit indicators.

Recognition of interest expenses calculated based on the level of the actual rate, if it is less than the maximum indicator of the established interval of limit values.

In this case, for example, for debt obligations (DOs) in ruble currency, the above-mentioned interval is 75-180% of the refinancing rate of the Bank of Russia. For DOs in euro currency, the interval will be calculated from the European Interbank Offered Rate in euros, which will be increased by 4 percentage points, to the EURIBOR rate in euros, which will be increased by 7 percentage points.

Experts emphasize that the normalization of interest according to the above rules is valid if not only one party to the transaction is a bank, but also the transaction must necessarily be recognized as controlled. To determine whether a particular transaction is controlled or not, you need to look at Article No. 105.14 of the Tax Code of the Russian Federation.

Rationing of interest in 2017 (example)

Organization "Olympus" 02/11/2017 a loan was received in the amount of 1 million rubles. for a period of one year at 15% per annum. It is known that interest payments are made every month (on the last day of the month). It is proposed to clearly demonstrate how interest should be taken into account correctly in the first quarter.

So, in the first quarter of 2017. The organization recognized expenses in the form of interest twice:

02/28/2017 in the amount of 6986.3 rubles. ((RUB 1 million X 15% X 17 days) / 365 days);

03/31/2017 in the amount of 12739.73 rubles. ((RUB 1 million X 15% X 31 days) / 365 days).

Determining the amount of interest on a loan, provided that the rate was not specified in the agreement

So, the loan agreement does not provide for an interest rate - what to do? In such a situation, interest must be calculated based on the refinancing rate that is valid on the day the funds are returned. So, if an agreement was concluded according to the example given above, it is necessary to demand from the borrower who repaid the money in 2017 interest based on the refinancing rate (it is equal to the key rate). Or, conversely, you will need to pay interest at a given rate if a particular company is the borrower.

Experts note that the loan agreement can also be interest-free. If the lender decides not to take interest, this point must be clearly stated in the agreement. Otherwise, the debtor will be charged the appropriate interest.

Is it possible to forgive interest on a loan agreement?

It is no secret that the loan agreement provides for the payment of interest in full. But a lender working on the simplified tax system has every right to allow the borrower not to pay interest, subject to early repayment of the loan.

So, what is the correct way to include uncollected amounts in income under the simplified tax system? It's very simple - you don't need to do this at all. This can be explained by the fact that “simplers” keep records of receipts using the cash method, that is, immediately at the moment when the funds are credited to the account or cash desk.

A group of deputies has submitted a bill to the State Duma, if adopted, the amount of interest on several types of consumer loans will be limited.

In particular, for consumer loans for the purchase of cars with collateral vehicle the amount of interest depends on the mileage: from 0 to 1 thousand km - 18% of the principal amount of debt, over 1 thousand km - 27%. This refers to interest calculated annually.

For loans with a credit limit (based on the amount of the limit on the day the agreement is concluded), the maximum amount of annual interest will be determined based on the size of such a limit. For example: with a minimum limit size (up to 30 thousand rubles), the annual loan fee cannot be higher than 33% of the principal amount of the debt, and with a maximum limit (over 300 thousand rubles) - 23%.

Does he have the right credit institution increase the amount of interest under the contract? Find out from the material "Loan interest rate" in "Home Legal Encyclopedia" Internet version of the GARANT system. Get full access for 3 days for free!

Limits on interest amounts are also defined for targeted consumer loans, including those provided by transferring borrowed funds to a trade and service enterprise as payment for goods (services) in the presence of an appropriate agreement (so-called POS loans), as well as for non-targeted consumer loans.

The changes may also affect consumer microloans. For example, for microloans secured in the form of collateral, the bill sets a limit on the amount of interest at 57% per annum of the principal amount of the debt. And if consumer microloans were provided without collateral, interest depends on the period of provision of funds and the loan amount. In particular, if the microloan was provided for a period of up to a month and its amount was up to 30 thousand rubles, annual interest cannot exceed 400% of the principal amount of the debt. If a citizen took out a microloan for a period of more than a year in the amount of more than 100 thousand rubles, then the maximum percentage will be 43.4%.

The authors of the initiative consider the introduction of these changes to be a measure restoring the rights of borrowers as obviously more weak side loan and lending relations. Referring to the position of the RF Armed Forces, they explain that the terms of the contract cannot be clearly burdensome for the borrower (). Parliamentarians note that currently the maximum interest amounts under a loan (credit) agreement established by the Bank of Russia do not correspond to the principle of good faith in the actions of the parties to public relations, as they reach 818.2%.

Let us remind you that the total cost of a consumer loan cannot exceed that calculated by the Bank of Russia, applied in the corresponding quarter, by more than one third (Part 11, Article 6 of the Federal Law of December 21, 2013 No. 353-FZ ").

According to the deputies, the existing restrictions are clearly insufficient and do not exclude the arbitrariness of credit and microfinance organizations when setting interest rates, which has serious negative consequences for many borrowers.