Limitation on the amount of interest on the loan. Maximum loan interest: what the law says

The law limits the loan amount, as well as the interest rate, which may vary depending on the size of the loan, the fact of its security (for example, collateral) and other factors. In accordance with relatively recent amendments to legislation, all microfinance organizations are divided into microfinance companies and microcredit companies. The difference lies in the restrictions that exist for each type. Microfinance companies are larger, have more staff and assets, and therefore the maximum loan amounts they issue are somewhat higher. What responsibility does the borrower bear Citizens who have debts on microloans can be divided into two categories: Debt is not repaid For reasons beyond the borrower's control Non-repayment of debt Produced at the will of the debtor The division is really conditional, since in most cases the lender will not be interested in the reasons for the lack of payments.

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The State Duma proposed limiting the amount of debt consumer credit The author of the initiative emphasizes that the level of debt among the population is growing every year.

Russia will limit the maximum amount of debt on a consumer loan

Suppose you took out a loan in the amount of 300 thousand rubles at 21.5% per annum and for 48 months; your annuity payment equal to 9,370 rubles per month.

Attention

You have not made 2 payments and are 40 days overdue.

It is quite obvious that the bank is not satisfied with such a small penalty.

This is why financiers use clause 2 of Art. 332 of the Civil Code of the Russian Federation, which states that the amount of the penalty can be increased by agreement of the parties.

Late payment on a loan - what are the consequences?

According to Art. 330, paragraph 1. Civil Code In the Russian Federation, penalties mean fines and penalties:

• A fine is a one-time penalty that is applied once, but for each delay.
  For example, if the fine is 100 rubles, and you have not paid the loan for 3 months, be prepared to pay an additional fine of 300 rubles.
• The penalty is calculated based on the period during which you delay payment.
  If the delay is large, the penalty may exceed the amount of accrued interest.

Info

According to Art. 395 of the Civil Code of the Russian Federation, the amount of penalties is calculated based on 1/360 of the refinancing rate - at this moment it is 8.25% per annum for each day of delay (0.0229%).

Let's consider an example of calculating a penalty based on the amount of penalties established by the Civil Code of the Russian Federation.

What are the maximum penalties a bank and microfinance organization can charge for late payments?

Restrictions on calculating interest on short-term consumer microloans

• Three-fold limitation on the accrual of interest under a consumer microloan agreement.

• Stopping the accrual of interest on overdue loans as soon as the interest reaches twice the amount of the outstanding portion of the debt.
• 1. loan amount of 5,000 rubles
• accrued interest in the amount of 15,000 rubles (5,000 rubles x 3).
• Fast loans have become safer. And fines and penalties for late payments, according to the new law, are charged only on the balance of the debt, and not on the entire loan amount. Lower interest rates???? and only for overdue payments. Until March 29, 2018, there were no interest restrictions at all for microloans.

  You could borrow a thousand and pay back ten thousand.

  Nobody regulated these numbers.

Maximum accrual of interest and penalties on the loan

The consequences of non-repayment of debt for the borrower may be the following:

1. An increase in the amount of debt depending on the terms of the contract.
2. Transferring the case to a collection agency.
3. Forced collection of debt (only after the start of enforcement proceedings).

Representatives of microfinance organizations and collectors often resort to intimidation, threatening debtors with liability for delays, but the interest rate cap currently has some limitations.

According to contracts concluded in 2018 maximum size The debtor's payments amount to 300 percent of the loan amount.

Criminal and administrative liability in the case when the debtor does not hide himself and does not hide his property, does not interfere with the authorities (for example, the bailiff service when carried out by its representatives job responsibilities) cannot arise.

What amount does an microfinance organization have the right to demand from indebted borrowers?

A microfinance organization does not have the right to: 9) charge an individual borrower interest under the agreement consumer loan, the repayment period for a consumer loan for which does not exceed one year, with the exception of penalties (fines, penalties) and payments for services provided to the borrower for a fee, if the amount of interest accrued under the agreement reaches three times the loan amount.

Federal Law dated July 3, 2016 N 230-FZ) 2.

How judicial practice on microloans is carried out in 2018

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The credit limit on the card is RUB 4,000.

Four thousand rubles. I forgot my password about a year ago and don’t use it.

Minimum payment 600 rub. Over the course of the year, I topped up the account of this card, periodically with delays and, accordingly, with fines. Today the debt is 4600 rubles. This is more than exactly a year ago. It is clear that you need to extinguish everything at once and forget.

I wonder what the maximum amount of interest accrual on a loan of four thousand rubles, and fines.

For the year they received about 20,000 rubles.
Then, on March 29, 2018, the state introduced a restriction: the overpayment on a microloan should not be more than 400% of the debt amount. Late payment on a loan - what are the consequences? If the delay is large, the penalty may exceed the amount of accrued interest.

Please note that a penalty cannot be charged on the unpaid amount of the penalty.

According to Art. 395 of the Civil Code of the Russian Federation, the amount of penalties is calculated based on 1/360 of the refinancing rate - currently it is 8.25% per annum - for each day of delay (0.0229%).

9,370 * 30 * 0.0229 / 100 = 64.37 (rub.

Bank fines on a loan for late payment You can find it in the text statement of claim something similar to this: You see these fines and penalties - this is a penalty.

You can reduce the penalty if it is clearly disproportionate to the amount of debt, which consists of the principal debt and interest accrued under the agreement.

On January 1, 2017, Articles 12 and 12.1 of the Federal Law “On Microfinance Activities and Microfinance Organizations” dated July 2, 2010 N 151-FZ came into force, which introduces a ban on collecting from borrowers by Microfinance Organizations (MFOs) unreasonably high interest rates for consumer microloans. What is the reason for limiting interest on microloans? The reason is as simple as the world - Microfinance organizations (MFOs), in an effort to receive excess income, issue microloans instantly and with virtually no verification of the client’s solvency. A microloan is a small loan that is provided for a short period of time, and, as a rule, without confirmation and verification of the borrower’s solvency .

Microfinance organizations (MFOs) have limited the accrual of interest on microloans.

Limitation of interest on microloans

On January 1, 2017, Articles 12 and 12.1 of the Federal Law “On Microfinance Activities and Microfinance Organizations” dated July 2, 2010 N 151-FZ came into force, which introduces a ban on Microfinance Organizations (MFOs) charging borrowers unreasonably high interest rates on consumer microloans. What is the reason for limiting interest on microloans? The reason is as simple as the world - microfinance organizations (MFOs), in an effort to obtain excess income, issue microloans instantly and with virtually no verification of the client’s solvency.
Microloan- this is a small loan that is provided for a short period of time, and, as a rule, without confirmation and verification of the borrower’s solvency.

In Article 2 of Federal Law No. 151-FZ dated July 2, 2010, the concept of “microloan” is described as follows:

3) microloan - a loan provided by the lender to the borrower on the terms provided for by the agreement loan, in an amount not exceeding the maximum amount of the borrower's obligations to the lender on the principal debt established by this Federal law;

Federal Law No. 151 of July 2, 2010 There are two types of restrictions on the accrual of interest by Microfinance Organizations (MFOs) on issued consumer microloans, namely:

1. Three-fold limitation on the accrual of interest under a consumer microloan agreement.
2. Stopping the accrual of interest on overdue loans as soon as the interest reaches twice the amount of the outstanding portion of the debt.

The Bank of Russia explains the essence of the restrictions introduced by Federal Law No. 151, which boils down to the following:

1. From January 1, 2017, a three-fold limitation on the accrual of interest under a consumer microloan agreement entered into from this date comes into force.

If the repayment period under the agreement does not exceed one year, microfinance organizations (MFOs) do not have the right to accrue interest to the individual borrower after the amount reaches three times the loan amount.

So, for example, with a loan of 5,000 rubles, the borrower’s debt at no point in time can exceed 20,000 rubles. This amount includes:

• loan amount of 5,000 rubles
• accrued interest in the amount of 15,000 rubles (5,000 rubles x 3).

The Bank of Russia draws the attention of borrowers to the fact that the limitation established on the amount of interest does not apply by law to penalties (fines, penalties), as well as to payments for services provided to it for a fee.

This is how it is stated in Federal Law No. 151-FZ dated 07/02/2010 (as amended on 07/03/2016) “On microfinance activities and microfinance organizations” (as amended and supplemented, entered into force on 01/01/2017) :

Article 12. Restrictions on the activities of a microfinance organization (as amended by Federal Law dated December 29, 2015 N 407-FZ)
1. A microfinance organization has no right:
9) accrue interest to an individual borrower under a consumer loan agreement, the repayment period of the consumer loan for which does not exceed one year, with the exception of penalties (fines, penalties) and payments for services provided to the borrower for a fee, if the amount accrued interest agreement will reach three times the loan amount. The condition containing this prohibition must be indicated by the microfinance organization on the first page of the consumer loan agreement, the repayment period of the consumer loan for which does not exceed one year, before the table containing individual conditions consumer loan agreements; (as amended by Federal Law No. 230-FZ dated July 3, 2016)

In this case, the MFO will be able to start accruing interest again only after partial repayment borrower of the loan and (or) payment of interest due.

Penalties (fines, penalties) should be charged only on the portion of the principal debt not repaid by the borrower.

So, for example, if the outstanding portion under an overdue agreement is 5,000 rubles, the amount charged from the borrower will be equal to 15,000 rubles, which includes the amount of overdue debt - 5,000 rubles and accrued interest - 10,000 rubles (5,000 rubles x2).

Each MFO is required to place information about these restrictions on the first page short-term contract consumer loan in front of a table with individual terms of the contract.

Federal Law No. 151-FZ dated July 2, 2010 “On microfinance activities and microfinance organizations” (as amended and supplemented) speaks about this restriction as follows:

Article 12.1. Peculiarities of calculating interest and other payments in case of delay in fulfilling loan obligations (introduced by Federal Law dated July 3, 2016 N 230-FZ)
1. After a delay in fulfilling the obligation of a borrower - an individual to repay the loan amount and (or) pay interest due, a microfinance organization under a consumer loan agreement, the repayment period of the consumer loan for which does not exceed one year, has the right to continue to accrue interest to the borrower - an individual only on the part of the principal debt that has not been repaid by him. Interest on the portion of the principal debt not repaid by the borrower continues to accrue until the total amount interest payable in an amount equal to twice the amount of the outstanding portion of the loan. A microfinance organization does not have the right to accrue interest for the period of time from the moment the total amount of interest payable reaches an amount equal to twice the amount of the outstanding part of the loan until the borrower partially repays the loan amount and (or) pays the due interest.

2. After there is a delay in fulfilling the obligation of the borrower - an individual to repay the loan amount and (or) pay the due interest, the microfinance organization under a consumer loan agreement, the repayment period of the consumer loan for which does not exceed one year, has the right to charge the borrower - an individual a penalty (fines, penalties) and other measures of liability only for the portion of the principal amount not repaid by the borrower.

3. The conditions specified in parts 1 and 2 of this article must be indicated by the microfinance organization on the first page of the consumer loan agreement, the repayment period of which does not exceed one year, before the table containing the individual terms of the consumer loan agreement.

• Message from the Bank of Russia dated January 1, 2017 - “The accrual of interest on short-term microloans is limited”
• Federal Law of July 2, 2010 N 151-FZ “On microfinance activities and microfinance organizations” (as amended and supplemented)
• Federal Law of July 3, 2016 N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On MICROFINANCE ACTIVITIES AND MICROFINANCE ORGANIZATIONS””

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, for debt obligations of any type, interest calculated based on 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 question is discussed quite often tax authorities during inspections. 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 arbitrage practice on this issue is extensive and varied.

For example, controversial point 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 Federal Antimonopoly Service of the Volga Region dated March 14, 2012 in case No. A57-8020/2011 that supports this position (Decision of the Supreme Arbitration Court of the Russian Federation dated October 11, 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 attraction borrowed money It is inappropriate to pay dividends if there is profit. 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 controlled debt at the organization.

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

Secondly, there is no inconsistency in determining the threshold of direct or indirect ownership 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 borrowing 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.

Third, 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 (FAS Resolution Central District dated 10.25.2012 N A09-3038/2011 (Determination of the Supreme Arbitration Court of the Russian Federation dated 02.20.2013 No. VAS-17204/12 refused to transfer this case to the Presidium of the Supreme Arbitration Court of the Russian Federation, Arbitration court East Siberian District in the Resolution of March 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 clause 13 of Article 269 of the Tax Code of the Russian Federation), the court can recognize the taxpayer’s outstanding debt as controlled - Russian organization for debt obligations not specified in paragraph 2 of this article, if it is established that the ultimate purpose of payments on such debt obligations is 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 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 the future reporting period or based on the results tax period Compared to previous reporting periods, the maximum amount of expenses is not 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 tax regulations(in particular, the numbering of paragraphs of Article 269 of the Tax Code of the Russian Federation has been 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.

Money received on credit or as a loan cannot be taken into account as expenses and income. However, the interest paid on the loan taken can be taken into account in non-operating expenses. At the same time, the taxpayer must understand how to correctly calculate the amount of interest taken into account and on what date this should be done. In this article we will take a detailed look at the accounting and tax accounting of interest on loans and borrowings in 2018.

What is a debt obligation and interest on it?

Tax accounting of interest on loans and borrowings

Interest on both loans and credits is accounted for separately, as non-operating expenses or income. They are taken into account regardless of what goals the company that issued the loan pursues.

The interest that a company receives under a loan agreement is recognized as non-operating income.

Currently, interest on a loan is calculated based on its rate. With the exception of loans or borrowings, which may be recognized as controlled transactions. In this case, interest can also be recognized as expenses based on the actual rate, but taking into account the conditions of Section V.1 of the Tax Code of the Russian Federation.

Controlled transactions mean a legislative norm that is aimed at the order of transfer prices, that is, the cost of goods between interdependent parties. Such control is aimed at preventing the withdrawal of funds bypassing taxation in the Russian Federation, as well as eliminating manipulation of the price level between interdependent persons.

If a credit or loan transaction falls under the controlled category, then the taxpayer is obliged to check what the rate that is applied to the debt obligation (specified in the agreement) is, and whether it corresponds to the market rate. That is, before including the amount of interest in non-operating expenses, you will have to compare the rate specified in the contract with the maximum rates in accordance with Section V.1 of the Tax Code of the Russian Federation.

Important! Before determining the rate at which interest can be recognized in tax accounting, you must be sure that the transaction concluded is not controlled.

Interest recognition date

If an organization applies OSN, then interest on loans in non-operating expenses is recognized as follows:

• In accordance with the date of repayment of the loan or loan taken;
• On the last day of the month, monthly for the entire term of the loan.

For organizations using USN procedure other. Interest is recognized as an expense in accordance with the date of payment.

Interest of the company that provided the loan

The company that provided the loan or credit must take into account interest in non-operating income. If the company applies OSN, then interest is recognized in the manner and amount provided for accounting. As for the “simplified” ones, they take into account interest upon receipt Money on them and in the amount paid by the credited person.

The procedure for determining the amount of interest on a loan

The formula for calculating interest is as follows:

Interest = Loan amount x loan rate x (number of days of use / number of days in a year (365 or 366))

For example, a company issues a loan at an interest rate of 15% on March 20, 2017, the loan term is 1 year, the loan amount is 3 million rubles. Based on the terms of the agreement signed with the borrower, interest on the loan is paid upon expiration of the agreement.

The company that issued the loan must reflect the following amount in non-operating income for the first quarter:

1st quarter 2017 (03/20/17 – 03/31/17): 3,000,000 x 15% / 365 x 12 = 14,794.52 rubles.

At the same time, companies under the simplified tax system have the right to take into account interest on the loan in the amount paid to the company that provided it.

Interest accounting

Let's take a closer look at an example:

On February 22, 2017, Continent LLC issued a loan of 1,000,000 rubles at an interest rate of 15% for 1.5 years. According to the agreement, Continent LLC is obliged to repay the loan and interest on it in monthly payments on the last day of the month.

The monthly loan repayment amount is:

1,000,000 / 18 = 55,555.56 rubles

The postings will be as follows:

Now let's look at accounting for interest on loans issued.

Continent LLC issued a loan in the amount of 1,000,000 rubles on February 22, 2017 at an interest rate of 15% for 1.5 years. According to the agreement, the borrower repays the loan in monthly payments on the last day of the month.

Let's calculate the interest on the loan in February 2017:

1,000,000 x 15% x 7 / 365 = 2,876.71 rubles

Let's calculate the interest on the loan in March 2017:

1,000,000 x 15% x 31 / 365 = 12,739.73 rubles

The postings will be as follows:

Accounting for interest on deposits

For deposits, the accounting procedure is regulated by PBU 19/02. If the deposit term does not exceed a year, then it should be reflected in the organization’s balance sheet in the section “ Current assets", If it exceeds a year - " Fixed assets" The interest payments will be as follows.

The procedure for accounting for interest on loans and credits is an issue that worries almost every organization. Let's consider current order accounting, including, we will touch upon the features of accounting for interest on controlled transactions.

Based on sub. 10 p. 1 art. 251, paragraph 12 of Art. 270, sub. 1 clause 1.1 art. 346.15 of the Tax Code of the Russian Federation, operations to obtain and repay loans are not taken into account as part of income and expenses.

The organization has the right when calculating tax base taken into account for income tax interest expenses on the loan.

According to sub. 2 p. 1 art. 265, paragraph 8 of Art. 272 of the Tax Code of the Russian Federation, regardless of the date of payment, interest is recognized as part of non-operating expenses:

• on the date of repayment of the loan (loan);
• on the last day of each month for the entire term of the loan.

The specifics of accounting for interest on debt obligations are established by the provisions of Article 269 of the Tax Code of the Russian Federation.

At the same time, the specified provisions of Article 269 of the Tax Code of the Russian Federation apply to interest accrued from January 1, 2015 on contracts concluded both before January 1, 2015 and after this date (see, for example, letter of the Ministry of Finance of Russia dated July 15, 2015 N 03-01-18/40737).

Otherwise it will be the case with controlled transactions- they are recognized as expenses interest calculated based on the actual rate taking into account the provisions of Section V.1 of the Tax Code of the Russian Federation.

For controlled transactions The organization recognizes as an expense the interest on the loan, calculated based on the actual rate, if this rate is less than the maximum value of the interval of limit values ​​(clauses 1.1, 1.2 of Article 269 of the Tax Code of the Russian Federation).

These values, in particular, are:

• for ruble loans- no more than 125% percent of the key rate of the Central Bank of the Russian Federation (a range is established for accounting for income/expenses from 75% to 125%).

Thus, interest rate By controlled transaction should be no more than 12.5%.

• for loans in EURO- from the European interbank rate offers (EURIBOR) in euros increased by 4 percentage points to EURIBOR in euros increased by 7 percentage points;
• for loans in US dollars- from LIBOR in US dollars increased by 4 percentage points to LIBOR in US dollars increased by 7 percentage points.

We remind you that until January 01, 2015 limit value interest taken into account in expenses when registering debt obligation in rubles was taken equal to the interest rate established by the agreement, but not more than the refinancing rate of the Bank of Russia, increased by 1.8 times. For debt obligations in foreign currency the value was 0.8 of the Bank of Russia refinancing rate.