Article 211 of the Contract Law stipulates that if the loan contract between natural persons does not stipulate or clearly stipulate the payment of interest, it shall be regarded as not paying interest.
If the loan contract between natural persons stipulates the payment of interest, the loan interest rate shall not violate the relevant provisions of the state that limit the loan interest rate.
China is in the transition period from planned economy to market economy. Generally speaking, the demand for funds from all parties is greater than the supply and demand of funds. In order to stabilize the country's financial order and prevent raising the loan interest rate at will, it is necessary for the state to stipulate the loan interest rate of financial institutions, ensure that borrowers borrow within the interest rate limit stipulated by the state, reduce the production cost of borrowers and promote the healthy and orderly development of the national economy.
According to the development of market economy and the relationship between capital supply and demand, the People's Bank of China generally stipulates the loan interest rate of financial institutions in a certain period.
The announcement and implementation of the statutory interest rate shall be the responsibility of the head office of the People's Bank of China. Within the floating range specified by the head office of the People's Bank of China, the interest rate determined by financial institutions on the basis of the statutory interest rate is the floating interest rate. Financial institutions shall, after determining the floating interest rate, report to the People's Bank of their respective jurisdictions for the record. Financial institutions can charge interest on overdue loans and misappropriated loans on the basis of the original interest rate. The scope, range and conditions of interest accrual shall be determined by the head office of the People's Bank of China.
How to charge the loan interest?
Every enterprise must borrow money from the bank in the process of production and operation. How to keep the loan interest?
According to the requirements of the new accounting standards, short-term loans are being issued. We take short-term loans as an example to record loan interest.
For example, an enterprise borrows money from ICBC, the amount is 654.38+0 million, the time is three months, and the interest rate is 9%. What should our financial staff do? There are several specific steps:
When the loan is obtained, the borrower of the bank deposit account can be credited with RMB 6.5438+0 million, and the short-term loan account can be credited with RMB 6.5438+0 million. When interest is generated, it can be accrued or not, and there are two aspects of direct payment at maturity.
First, if interest is not accrued, you can debit the short-term loan with the amount of 6,543,800+when it is paid directly after maturity, debit the financial expense accounting with the amount of 22,500, and credit it to the bank deposit accounting with the amount of 6,543,800+0,250.
Second, if the interest is accrued on a monthly basis, the financial expense account with an amount of 750,000 can be debited and credited to the interest payable or accrued expense account with an amount of 750,000 when the interest is accrued in the first month. Taking the first month as an example, several consecutive accounting entries are the same. When the loan interest expires, you can debit the short-term loan account with the amount of 1 10,000. The debit account of interest payable or accrued expenses is 22,500 yuan, and the credit account of bank deposit is1022,500 yuan.