1. How to handle interest on loans from legal persons to the company
1. Borrowing money from corporate legal persons is an internal current account of the company and can be included in other payables (the company has transactions with corporate legal persons) There is no need to set up other accounts, and it can be included in other receivables or other payables). The money lent to the company is used for the company’s purpose and has nothing to do with setting up the deposit account. (1) When borrowing money, accounting points Entry: Debit: Bank deposits (or cash on hand) Credit: Other payables (or other receivables) - Name of corporate legal person (2) When paying interest, accounting entries: Debit: Financial expenses Credit: Other payables - Interest ( 3) When repaying, borrow: other payables - principal and other payables - interest loans: taxes payable - personal income tax in cash, bank deposits 1. First of all, according to Article 115 of the "Company Law", a company shall not Provide loans to directors, supervisors and senior managers directly or through subsidiaries. If the legal representative is not a director, supervisor, or senior manager of the company, he can borrow money from the company; secondly, if the legal representative is a shareholder of the company, he needs to judge whether the act of borrowing from the company constitutes an evasion of capital contributions. If the legal representative is trying to circumvent laws and regulations According to the provisions of the regulations, if the full amount of the capital contribution is withdrawn by borrowing, it shall be treated as an act of withdrawing capital, and corresponding civil liability will be borne. If there is a real lending relationship between the legal representative and the company, it shall be protected by law. According to the " According to the provisions of the Contract Law of the People's Republic of China, the borrower shall repay the loan as scheduled in accordance with the loan contract. According to the provisions of the Civil Procedure Law of the People's Republic of China, if the legal representative refuses to repay, the company may The people require the legal representative to repay the loan and pay interest. 2. When the legal representative borrows money from the company, he must perform relevant procedures, sign a written loan agreement, and stipulate the purpose of the loan. The loan period should not exceed one year to avoid being deemed as an act of evading capital contribution. Legal provisions: Article 196 of the Contract Law of the People's Republic of China defines a loan contract as a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. Article 201 of the "Contract Law of the People's Republic of China" Liability for Loan Default If the lender fails to provide the loan according to the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, the borrower shall pay interest on the agreed date and amount.
2. Loan interest: A legal person lends money to a company in his or her own name. How should the interest be accounted for?
According to regulations, interest payments must be recorded on the basis of invoices issued by the local taxation bureau. If the interest rate exceeds the bank’s interest rate for similar loans in the same period, the full amount will be expensed as financial expenses, but it will be repaid when filing the annual corporate income tax. The difference will be adjusted.
In actual work, this situation is generally not recorded in the accounts, because the tax burden on interest income is very high (business tax and surcharge 5.5, personal income tax 20), and it is paid with money outside the company's accounts. For reference only.
3. Loan interest, if a legal person lends money to the company in his or her own name, how to handle the accounting?
The interest is a financial expense and must be increased during the annual calculation
4. Loan interest. If a legal person lends money to a company in his or her own name, how should the interest be accounted for?
According to regulations, interest payments must be accounted for based on the invoice issued by the local tax bureau, and if the interest rate is higher than the interest rate Yes, the financial expenses are usually listed in full, but the difference must be adjusted when filing the annual corporate income tax. In actual work, this situation is generally not recorded in the accounts because the tax burden on interest income is very high (business tax and surcharge 5.5, personal income tax is paid with money outside the company's accounts. For reference only.