What is the penalty for issuing a loan from the cashier. New Cash Settlement Rules: Changes, Limits, Purpose of Cash Expenditures
it is possible that this question that I will ask to redirect to expert support14: 24: 50, 29 Jan. do not look for answers I have already been sent. I need a more detailed selection of material Sergei Kurochkin 14:25:32, 29 January yes, send a question Tatyana Viktorovna Tsapenko 14:40:50, 29 January we are LLC on the simplified tax system, the founders of the company want to make a loan to the cashier of the enterprise and then the director of the company makes them to the bank cashier on behalf of the founders. the loan is interest-free and is designed for two years, our actions are correct if we have deposited the amount of the loan and in two years we will transfer this exact amount to the personal card of the founder! or if the founders brought us funds to the enterprise at the cashier's office, must we first take them to the cashier's office (draw up consumables and receipts), and then give them out to the founders in cash? and in general, the general procedure for the firm's actions in this situation, describe in more detail whether we are doing the right thing. thanks in advance14: 40: 57, 29 Jan redirect this question
Answer
The lender can deposit the loan amount in cash at the organization's cash desk or transfer it to a bank account (by bank transfer). When the founder makes a loan to the organization's cash desk, issue a cash receipt order. If the founder is a citizen, the organization can accept any cash amount from him as a loan. If the founder is an organization, the cash loan should not exceed 100 thousand rubles.
You can spend borrowed cash for any purpose without depositing it into your current account. There will be no violation of the order of conducting cash transactions. If you decide to hand over a cash loan to the bank, issue a cash outflow order. To the bank account, deposit money already on behalf of the organization, tk. after posting them to the cashier, they became your property.
The loan can be repaid both in cash and by bank transfer (transfer to a card, to a personal / current account).
If you want to return the loan in cash, then first hand over the proceeds to the bank, and then withdraw it from the account and use it for the specified purposes. When returning a loan from the organization's cash desk, fill out a cash outflow order. Comply with the settlement limit if the founder is an organization.
Justification
How to get a loan (credit)
If the lender (lender) provides an interest-free loan (loan), this condition must be explicitly specified in the agreement (the exception is a loan issued in kind, by default it is interest-free).
Attention: when receiving a loan from organizations or entrepreneurs in cash.
The maximum amount of settlements in cash is 100,000 rubles. This limit applies to settlements under one agreement:
- between organizations;
- between the organization and the entrepreneur;
- between entrepreneurs.
Issuance and repayment of a loan (credit) in cash
When receiving a loan or returning borrowed funds in cash, draw up an incoming or outgoing cash order (forms and, approved). In this case, it is necessary to observe.
Obtaining a loan (credit) in non-cash form can be confirmed by an extract from the organization's current account. To repay the loan (credit) by bank transfer, issue a payment order on.
How to comply with the procedure for conducting cash transactions
Situation: is it possible to spend cash on salary payments without depositing them into the current account. This money was received from the founder to the cashier as an interest-free loan
Yes, you can.
After all, the restriction on the misuse of funds is set only for cash proceeds. In this case, the received loan is not the proceeds or income of the organization. This means that the restrictions established do not apply. Thus, the borrowed funds received at the cashier can be spent on paying salaries, bypassing the current account.
Situation: is it possible to spend cash proceeds on the issuance of loans
A loan cannot be recognized as a sale of goods, works or services. This is a separate type of legal relationship.
Consequently, organizations and entrepreneurs are not entitled to provide loans at the expense of the proceeds received.
If you want to issue or return a loan and interest on it in cash, then proceed as follows. First, hand over the proceeds to the bank, and then withdraw it from the account and use it for the specified purposes. This procedure follows from the instruction of the Bank of Russia dated October 7, 2013 No. 3073-U.
In the new Bank of Russia Ordinance No. 3073-U, the list of purposes for which cash from the cash desk can be spent is clearly named. This list is closed. Let's analyze what it is possible and what it is impossible to spend cash from the cash register on now. From the article, you will also learn whether it is legal to issue a loan to an employee from the proceeds received at the cashier's office.
We recommend the express course Kontur.Shkoly "". The training will help to put in order documents when working with cash register, including when using online cash registers, to work correctly with a cash limit. You will be able to establish error-free work with cash registers and strict reporting forms, draw up a local regulatory act on cash discipline, which will help you pass inspections without fines.
Let us refer to the new Ordinance of the Bank of Russia dated 07.10.2013 No. 3073-U on the implementation of cash payments. This document has been in effect since June 1, 2014; at the same time, Bank of Russia Ordinance No. 1843-U dated 20.06.2007 became invalid.
An important feature of the new Ordinance is that now the amount of cash payments is limited not only in rubles, but also in foreign currency. At the same time, the maximum amount for legal entities and individual entrepreneurs is the same - 100,000 rubles or its equivalent at the official rate of the Bank of Russia as of the date of cash settlements.
New rules for cash payments
Expense of money from the cash register
According to clause 2 of the Instructions, individual entrepreneurs and legal entities are not entitled to spend the cash received at their cash desks in the currency of the Russian Federation for the goods they have sold, the work they have done and (or) the services they have provided, as well as received as insurance premiums. But there are exceptions.
Here is a list of purposes for which you can spend the money received at the cashier:
- employee benefits included in the payroll and social benefits;
- payments of insurance benefits (sums insured) under insurance contracts to individuals who previously paid insurance premiums in cash;
- issuance of cash for personal (consumer) needs of an individual entrepreneur, not related to his entrepreneurial activities;
- payment for goods (except for securities), works, services;
- the issuance of cash to employees on account of the report;
- refund for previously paid in cash and returned goods, outstanding work, not rendered services;
- cash withdrawal when performing transactions by a bank payment agent (subagent) in accordance with the requirements of Article 14 of Federal Law No. 161-FZ of June 27, 2011.
Let's analyze the situation when a company is going to issue a loan to its employees in cash. Is it possible to issue a loan in cash and should the cash settlement limit be observed in this case? From the norm of paragraph 2 of Instruction No. 3073-U it follows that no.
Conclusion: it is illegal to issue loans from the cash proceeds received at the cashier's office.
Clause 4 of the Instructions reads: “... cash settlements in the currency of the Russian Federation between participants in cash settlements (in compliance with the limit for the amount of cash settlements established by clause 6 of the Instructions), between participants in cash settlements and individuals in transactions with securities, under real estate lease agreements, for the issuance (return) of loans (interest on loans), for the organization and conduct of gambling are carried out at the expense of cash received at the cash desk of a participant in cash settlements from his bank account. "
It is possible to issue a loan from the cash desk only if the organization withdraws funds from the bank account specifically to repay the loan.
Please note that if an organization issues a loan to an employee of the organization, then the maximum amount of cash settlements (100,000 rubles) does not matter (clause 5 of the Instructions).
Loan to an employee. Postings
Let's consider how transactions on these loans are reflected in accounting.
Debit 73 Credit 50
- a loan was issued to an employee from the cash desk (not from the proceeds!).
Debit 73 Credit 51
- the loan was issued by bank transfer.
Debit 50 Credit 73
- this entry is drawn up at the moment when the employee pays money to repay the loan to the cashier.
If a loan is issued to an employee on a reimbursable basis, then the entries will be as follows:
Debit 73 Credit 91.1
- reflect the interest on the loan.
Debit 50 Credit 73
- reflect the payment of interest on the loan.
If the organization decides to withhold the loan amount from the employee's salary, then an entry is made in the accounting:
Debit 70 Credit 73
In this case, the condition of deduction from wages must be fixed in the loan agreement.
Webinars for accountants at Kontur.School: changes in legislation, peculiarities of accounting and tax accounting, reporting, salary and personnel, cash transactions.
It is necessary to issue a loan to an employee of 1,500,000 rubles. from the cash desk of the organization. Can I issue this money in one day? If the loan is interest-free, will the organization have to pay personal income tax for an employee 35% when the loan is returned as a material benefit? Loan interest rate 3/4 of the refinancing rate - then no one pays anything. What is the best way to give a loan to avoid taxation? Is it possible to get a loan from the cash desk for such an amount in one day? And the employee should return to the cashier or to the current account, maybe.? But can 1,500,000 rubles be returned to the cashier in one day? do not need a cash register?
The cash settlement limit applies only to contracts that the organization concludes with other organizations or entrepreneurs. Therefore, as a loan, an organization can give a person any amount of cash. The money loan can be returned in cash or by bank transfer. When repaying a loan, you do not need to use a CCP. The employee will receive material benefits on the loan received if the interest rate on the loan is less than 2/3 of the refinancing rate in effect on the date of interest payment, as well as upon the return of the interest-free loan. From material benefits, you need to withhold personal income tax at a rate of 35 percent. FSU "Sistema Glavbuh" does not give recommendations on the optimization of tax accounting.
The rationale for this position is given below in the materials of the recommendations of the "Systems of the Chief Accountant".
Situation: is it possible to issue a loan to an employee (or another citizen) in cash if the loan amount exceeds RUB 100,000 *
Yes, you can.
The limit for cash settlements applies only to contracts that the organization concludes with other organizations or entrepreneurs (directive of the Central Bank of the Russian Federation of June 20, 2007 No. 1843-U). The maximum amount of cash payments between organizations and citizens who are not engaged in entrepreneurial activity has not been established. Therefore, as a loan, an organization can give a person any amount of cash *. The only condition is to spend the cash received for the goods (work, services) sold, as well as insurance premiums, to issue a loan (letter from the Central Bank of the Russian Federation dated December 4, 2007 No. 190-T).
Loan repayment
The borrower is obliged to return the loan received on time and in the manner prescribed by the contract. If a return period has not been established, the obligation to return arises no later than 30 days after the organization has made such a demand. This is stated in paragraph 1 of Article 810 of the Civil Code of the Russian Federation.
The money loan can be returned in cash or by bank transfer (clause 1 of article 807 of the Civil Code of the Russian Federation). In addition, if a loan is issued to an employee, the organization can deduct the loan and interest from the employee's salary *. In this case, you must comply with the restrictions established by the Labor Code of the Russian Federation. Monthly, no more than 20 percent of the accrued amount can be withheld from the employee's salary.
An interest-free loan can be repaid early. In this case, the consent of the lender is not required. Early repayment of an interest-bearing loan is allowed only with the consent of the organization that provided the loan.
Sergey Razgulin, Deputy Director of the Tax and Customs Tariff Policy Department of the Ministry of Finance of Russia
When material benefits arise
The employee will receive material benefits from the loan received:
- if the interest rate on the loan is less than 2/3 of the refinancing rate in effect on the date of interest payment (for loans in rubles *);
- if the interest rate on it is less than 9 percent per annum (for loans in foreign currency). Such a situation may arise, for example, when issuing a loan to a foreigner;
- upon return of an interest-free loan *.
With regard to the material benefit received by the employee, the organization (lender) acts. Therefore, from the amount of material benefits, she must calculate personal income tax and transfer the tax to the budget. This is stated in paragraph 4 of clause 2 of Article 212 of the Tax Code of the Russian Federation.
One of the main points of the loan agreement is the return of the funds received. This procedure must be strictly defined in the relevant sections of the agreement. In doing so, it is necessary to take into account the arising tax liabilities and accounting standards.
This is especially true for the return of a loan to an individual. The return mechanism may differ depending on the type of loan, the terms of the agreement.
Loan repayment to an individual from a legal entity
For the correct implementation of the operation for the return of borrowed funds, you must first familiarize yourself with the legislative framework.
There are a number of regulatory documents according to which you can correctly carry out the return operation.
The main defining document of the relationship between the lender and the borrower is the agreement. According to clause 1, it is subject to mandatory registration if the amount exceeds 1000 rubles, and with the participation of a legal entity - regardless of the amount.
Therefore, the loan repayment procedure should be described in detail in the relevant clauses of the agreement.
To perform this procedure, the use of cash registers is not required, checks are not issued with the display of transactions in the cash book.
This provision is regulated. This means that the use of trading proceeds to repay a loan is not recommended.
The operation can be performed in the following way:
- deposit the required amount to the current account of a legal entity, as the proceeds from the activities of the organization;
- With the help of a checkbook, withdraw money and transfer it to an individual - the lender. The procedure is certified by a receipt, which can be notarized.
Regarding the maximum one-time repayment of a loan obligation, there is an unambiguous one, the first clause of which limits cash payments when carrying out operations for the return of credit (loan) obligations in the amount of 100,000 rubles. The same applies to both the main body of the debt and the calculated interest.
If the total amount exceeds the established limit, then it is necessary to carry out non-cash transactions. The procedure for their implementation is fully consistent with the above, with the exception of the last paragraph.
If the current account does not have sufficient funds for settlement, they are replenished by depositing the proceeds. In the future, when drawing up a payment order to the bank, the number and date of signing the loan agreement are indicated in the “destination” column.
Funds must be transferred only to the account specified in the agreement. To do this, the bank must provide a copy of it.
From an individual
If the agreement was concluded between individuals, then their relationship is not limited to the maximum amount of one-time repayment of 100,000 rubles. Therefore, most often they use receipts - documentary evidence of receipt of money.
This is a legal document with full legal force. However, it is not always drawn up correctly.
The following are the main points that should be displayed on the receipt:
- Full name and passport details of the lender;
- Name and passport data of the borrower;
- a link to an agreement or receipt for a cash loan;
- the amount of the current debt repayment;
- date and signatures of parties and witnesses.
It is important that the document be written by hand that the money was received from an individual in full, as indicated in the receipt.
This procedure must be certified by at least two third parties. In the future, it is attached to the agreement, and the original remains with the borrower, and a certified copy with signatures with the lender.
Do I need to issue it with a notary? Even without this procedure, it has the same legal force as certified by a notary. However, when litigation arises, it will be much more difficult for the latter to prove that it is a fake.
The procedure of debt repayment through the bank accounts of the parties is possible. But in this case, it is necessary to indicate in the purpose of payment the contract number (compiled without fail) and the date of its conclusion. Otherwise, the credited amount cannot be considered as repayment under the terms of the loan agreement.
Loan repayment to an individual through the cashier
Under current legal regulations, it is prohibited to pay off loan debt using cash from the cash desk. They fall under the category of revenue derived from the sale of goods, services, or other means. This is directly stated in, in.
It describes penalties for mishandling cash and revenue. Since the cash book does not contain a section of limited expenses on a loan (credit), in the case of issuing funds directly from the cash desk, an official may be fined from 4 to 5 thousand rubles.
Therefore, you first need to turn in the proceeds to the bank, and then get the required amount from the checkbook. This procedure was described above in the ways of paying off debt between an individual and a legal entity.
In practice, such offenses are common. With large loan amounts, a one-time payment of a fine may be financially more expedient than standing payments in the form of a bank commission when depositing funds to a current account and withdrawing them using a checkbook.
In cash
In many cases, it is much more convenient for the lender to receive all or part of the debt (in case of gradual repayment) in cash. This situation can have an unpleasant effect on the correctness of the cash accounting of a legal entity.
These restrictions came into force on June 1, 2014 and are associated with a new cash settlement procedure.
According to this resolution, the withdrawal of money from the cash desk is possible only in the following cases:
- payment of wages and social wages;
- consumer needs of a legal entity not related to its activities. The loan agreement does not fall under this clause, since it was concluded within the framework of the economic activity of the individual entrepreneur;
- for issuing a report to employees of the organization.
In addition to the correct withdrawal of funds, it is necessary to correctly display their movement in the financial statements. This also applies to the return of the loan to an individual.
In this case, the wiring should be done according to the following scheme:
- partial or full repayment of the loan, according to a previously signed agreement - Debit 50 (51), Credit 76;
- return of borrowed funds - Debit 50 (51), Credit 78 (subaccount granted loans).
Currently, there are no regulatory documents describing the procedure for repayment of loan obligations between individuals. Therefore, the main document confirming the receipt of a cash amount in this case may be a receipt or a separate annex to the contract (if it was drawn up).
To map
The procedure for repaying a debt under a loan agreement for a debit agreement can somewhat reduce the costs of a legal entity.
To carry out this operation, the servicing bank must provide certified copies of the following documents:
- loan agreement;
- payment schedule for it (if the calculation is made in installments).
Further, you can freely dispose of the funds available on the current account. The number of the agreement, its date and, if necessary, the number of the annex to it (payment schedule) must be indicated in the payment order.
This is one of the most convenient ways - returning a loan to an individual through a current account helps to optimize settlements between the parties.
This form of calculation will not only reduce the cost of servicing the loan, but will also allow you to display all the necessary operations in the accounting documentation.
The procedure for refunding money between individuals to a bank card was described above.
Return by property
If, for some reason, the borrower cannot repay the loan debt, then an alternative option is possible.
According to the mutual agreement of the parties, the borrower can provide any type of property - movable or immovable - as compensation for monetary funds.
In this case, an additional agreement is drawn up, in which, instead of the term "loan", "compensation" will appear.
However, in this case, certain tax risks arise. They are related to the problem of determining the current value of the property.
In practice, it is very difficult to come to an unambiguous opinion when solving this issue. Especially in cases where the property is held forcibly, after receiving the appropriate court decision.
The only exceptions are those cases when it was originally written as a security in the contract, its primary cost and possible depreciation during the term of the agreement were determined.
As can be seen from the above, a loan to an individual can be returned in several ways. The main thing is to decide what is optimal for both parties even before signing the contract and its entry into force. In this case, many ambiguities and possible problems in the future can be avoided.
Video: how to properly repay a loan ahead of schedule
In the Ordinance dated October 7, 2013 No. 3073-U "On the implementation of cash payments". This document replaced the Ordinance of the Bank of Russia dated June 20, 2007 No. 1843-U.
In general, the procedure for spending cash from the cash desk is now clearer. The table will help you quickly determine what amounts are allowed to be paid out of the limit and from the proceeds.
What can you spend cash on
Pay |
Is it possible to issue (pay) from cash proceeds |
Is it possible to issue (pay) more than 100,000 rubles? |
---|---|---|
Payments to employees |
||
Employee salaries and benefits |
||
Cash withdrawal on account |
||
Settlements with counterparties |
||
Payment for goods (except securities), works, services |
||
Payment of money for the returned product (work outstanding, service not provided), previously paid for in cash |
||
Payment of money for the returned goods, previously paid by bank transfer |
||
Loans, repayment of loans and interest on them |
||
Dividends |
||
Real estate payments |
||
Entrepreneur Cash |
||
Money for personal purposes not related to running a business |
Consider the basic rules for cash payments.
Rule No. 1: the limit is 100,000 rubles. obligatory for all parties to the contract
The cash settlement limit is 100,000 rubles. under one contract. The maximum amount must include the total amount of the cash payment for one transaction. Even if one party to the contract transfers money to the other in parts. For example, a buyer pays for an item in installments.
In the rule about the need to conduct cash settlements within the limit, there is the concept of "participants in cash settlements". They are considered to be any legal entities and entrepreneurs. All of them have the right to pay in cash within the framework of one agreement only within the limit (clause 6 of Direction No. 3073-U).
For exceeding this limit, a fine of up to 50,000 rubles is provided. (Article 15.1 of the Code of Administrative Offenses of the Russian Federation). Administrative for over-limit payments. Both parties to the agreement are participants in cash settlements. So the tax authorities have the right to fine for exceeding the limit both those who received more than 100,000 rubles and those who paid the excess amount.
Companies and entrepreneurs can pay in cash with individuals without any amount restrictions. For example, any amount in cash can be paid to a private contractor for a job or service, or received as a loan from an employee or founder. This is directly permitted by paragraph 5 of Ordinance No. 3073-U.
Rule No. 2: the limit is 100,000 rubles. valid regardless of the term of the contract
Payments under one agreement are settlements for obligations stipulated by the agreement, which are performed both during the period of the agreement and after its termination (clause 6 of Instruction No. 3073-U). Thus, the limit must be observed even when transferring and receiving cash, which has expired.
Example
Two companies providing services for a period of two months (May-June). The price of the contract is 150,000 rubles. Under the terms of the contract, the contractor issues an act for the services rendered and an invoice, which must be paid no later than June 30. The customer was late with payment: he could pay for the services only on July 10. And although the contract has already expired, the customer has the right to deposit cash only in the amount of 100,000 rubles. And 50,000 rubles. must be transferred by bank transfer. For a violation, tax authorities can fine not only the customer, but also the performer.
Rule number 3: any amount can be reported from the proceeds
Any amount can be reported from cash proceeds. The limit is 100,000 rubles. in this case it does not work. This is now directly stated in paragraphs 2 and 6 of Ordinance No. 3073-U.
As for compliance with the limit of 100,000 rubles, the Bank of Russia previously explained the following. If the employee spends the accountable on a business trip, then you do not need to adhere to the limit when paying for housing and travel. If the expenses of the accountant are not related to a business trip, for example, he buys office equipment for the company, then under one contract it is possible to pay in cash only within 100,000 rubles. (letter dated December 4, 2007 No. 190-T).
The current rules do not explicitly state that a business traveler has the right to spend cash without taking into account the limit. And letter No. 190-T explains the norms of the former, not the new Directive of the Central Bank of the Russian Federation. Therefore, it is safer for an employee to pay for each such agreement only within the limit on a business trip. Otherwise, there is a risk that the tax authorities will be fined up to 50,000 rubles for over-spending. (Article 15.1 of the Code of Administrative Offenses of the Russian Federation).
Rule number 4: you can not issue loans and pay rent from the cash desk
Clause 4 of Instruction No. 3073-U contains a list of transactions for which the company and the entrepreneur can pay only with cash withdrawn from the current account. You cannot use cash proceeds directly from the cash desk. This list includes settlements for lease agreements, loans, as well as for the organization and conduct of gambling.
This limitation applies not only to settlements between companies, entrepreneurs, or a company and an entrepreneur. It also applies to their settlements with individuals.
In this case, the limit is 100,000 rubles. must be observed only under agreements concluded either between two companies, or between a company and an entrepreneur, or between two entrepreneurs. If one of the parties to the contract is an individual, then the limit does not apply (clause 5 of Direction No. 3073-U). Let's take a closer look at the rules for renting and borrowing.
Rent. To pay in cash for the rental of real estate, you need to withdraw them from the account. The company is not entitled to use the proceeds from the cash register. Moreover, regardless of who the contract is concluded with - with another organization, with an entrepreneur or with a private person.
Companies and businessmen must comply with this rule regardless of whether they pay rent in cash or, for example, pay off fines and penalties or make a deposit. In addition, the restriction applies to both tenants and landlords. In most cases, the tenant is settled in cash when he makes a payment for the use of the property to the landlord's cashier. But another option is also possible. For example, a landlord might return a contractual overpayment to the tenant. To do this, you also need to use the cash withdrawn from the account. Indeed, Ordinance No. 3073-U refers to all operations under a lease agreement.
At the same time, this restriction does not apply to rent. A company that rents, for example, a car, has the right to pay off the next payment from cash proceeds. It is not necessary to first deposit it into the account, and then withdraw it in order to pay.
Loan... The prohibition on the use of cash proceeds from the cash desk applies both to the issuance of loans and to their return and repayment of interest. That is, it concerns both parties to the agreement - both the lender and the borrower. In addition, the prohibition on spending proceeds applies not only to contracts concluded between two companies or a company and an entrepreneur, but also to contracts signed with an individual. This could be, for example, a founder who has loaned his company. Or who, on the contrary, received a loan from the organization. It also does not matter what kind of loan is received or issued - interest or no interest.
Rule number 5: individual entrepreneurs have the right to take at least all the proceeds from the cash register
Entrepreneurs have the opportunity to take proceeds from the cash register without any hesitation. In order to spend the proceeds for his personal purposes, a businessman does not need to first hand it in and then withdraw it from the account. The issuance of money to an entrepreneur for personal needs not related to his activities is now directly named in the list of purposes for which it is allowed to spend the proceeds from the cash desk (clause 2 of Direction No. 3073-U).
There are no restrictions on the amount either - the entrepreneur has the right to take all the accumulated cash proceeds from the cash register. The limit for this operation is 100,000 rubles. does not apply.
A businessman does not risk anything if he receives from the cash register all the cash that is there, including the proceeds from the goods sold, from the consumable. The main thing is to write in the consumable that the money was given to the entrepreneur for personal needs.