When it is favourable to replace payment by a loan
Unlike expenses, for payment the given out loan in expenses at profit tax calculation to consider it will not turn out. So to make out through a loan it is more favourable than payment which the company does not risk to recognise in the tax account. For example, compensation to the leaving employee or elevating to the beginner.
Insurance
However, after the rate on insurance payments from next year will increase to 34 percent, will replace a part of payments with a loan favourably and concerning considered expenses. After all if to carry payment on expenses the company will save only 20 percent of the profit tax. And if to give out a loan it is not necessary to pay 34 percent of insurance payments.
Measures of tax safety.
To make out payments by loan delivery it makes sense not in large quantities, but only concerning separate employees, for example managements. And certainly, when payments in their advantage from the beginning of year are still far to the established limit. It is possible to give out a loan as interest-free, and under small percent with a condition of their payment at loan return. But the employee can have a material benefit which is taxed. And here payments from material benefit it is not necessary to pay, such assessed income in the law is not present.
How to forgive a loan
This way of planning at once it is supposed that the employee will not return the obtained loan. So, subsequently it is necessary to forgive both the loan sum, and percent on it. If literally to read the law the employee in this case does not have an income assessed with payments. This statement is disputable. As relations under the loan agreement are regulated not by the labour contract and not the contract on rendering of services or performance of works.
Measures of tax safety.
To lower possible risks, a pardon it is long it is officially possible not to make out. The worker can simply not return a loan in time, and the company will not demand from it money. Officially the pardon is not present, but nobody returns money. Still it is possible to sign the agreement on re-structuring of a debt and to prolong term of return of a loan for the long period, for example five-seven years.
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