Treatment Of Interest On Personal Loans And Loan Interest Expenses Of Related Party Enterprises

Attention should be paid to the interest on personal loans and the interest payments by borrowers of related parties.

(1) the processing of personal loans, if the account reflects the shareholders' personal loans and current balances in the company, they should be asked to make corresponding rush accounts in time, so as to avoid unnecessary tax risks. The "personal income tax law" stipulates that the interest income earned by individual borrowers shall be paid in accordance with the interest rate, dividends and dividends in accordance with the tax rate of 20%.

Therefore, when paying interest on loans to an individual, the enterprise should ask the borrower to pay the business tax and the tax on the personal income tax such as "interest income" and other taxes paid by the tax authorities, and obtain the official tax invoice issued by the tax authorities. The enterprise carries on the accounting treatment according to the loan contract, the interest expense payment voucher, the official tax invoice issued by the individual interest, and so on, according to "the description of the same loan interest rate situation of the same period in the financial enterprise", calculates the enterprise's tax deduction deduction according to the same loan interest rate that the financial enterprise does not exceed the same period, otherwise it will bear the tax risk.

(two) handling of loans by related party enterprises; the Ministry of Finance and the State Administration of Taxation on the tax deduction standard of interest expenses for related parties of enterprises. policy The notice of issue (Finance and tax [2008] 121st, hereinafter referred to as "tax [2008] 121st") stipulates that except for other enterprises outside the financial industry, the ratio between the creditor's rights investment and the equity investment of the related party is 2:1, and the interest actually paid by the related party's loan within the 2:1 (financial enterprise is 5:1), so long as it does not exceed the interest rate of the bank loan in the same period, it can be actually paid off, but if there is no evidence beyond the proportion of 2:1, there is no other evidence. Related spanactions It is in line with the principle of independent spanaction, and its excess shall not be deducted during the current and subsequent periods.

At the same time, we should pay attention to the following points: 1. Claims Sexual investment: refers to an enterprise directly or indirectly obtained from the related party, which needs to repay principal and interest, or to make compensation in other ways of paying interest. Among them, the creditor's equity investment indirectly obtained from the related party includes: (1) the creditor's investment provided by the related party through the third party without the related party; secondly, the creditor's right investment provided by the third party, guaranteed by the related party and jointly and severally liable; third, the creditor's right investment with other liabilities indirectly from the related party. 2. Fiscal and taxation [2008] 121st stipulates that the interest income that the enterprise does not meet the requirement from the related party shall pay the enterprise income tax in accordance with the relevant provisions. That is to say, as long as the creditor's investment is generated between the affiliated parties, if the normal interest income is calculated according to the principle of independent spanaction, the tax authorities shall have the right to make the corresponding tax adjustment and increase for the interest income when the creditor claims to pay the income tax.