Interest-free loans between individuals. A loan agreement between individuals: Tax consequences How to issue a cash loan between individuals

If the loan amount exceeds 1000 rubles, according to the current legislation, the fact of obtaining money is necessarily issued in writing. The correct loan design will subsequently help protect the rights in court and get their money back.

The loan between individuals may be issued as by drawing up a loan agreement with writing a receipt on the fact of money transfer and by drawing up a single receipt that remains at the lender, and contains all the terms of the loan agreement. The parties are also entitled to notarize the loan agreement.

What do you need to specify in the loan agreement or receipt?

1. Surname, name, patronymic (without abbreviations), full passport data and place of registration;
2. Amount of debt figures and in words;
3. The term for which the money is transferred to the borrower. Otherwise, the loan is considered to be issued to demand and should be returned within 30 days from the date of presentation of the relevant requirement by the lender;
4. The procedure for refunding money (at the same time or in parts), you can make a loan repayment schedule;
5. If the amount of interest will be accrued to the loan, it is necessary to register it;
6. You can register penalties for untimely repayment of debt and other conditions by agreement of the parties.

Remember that the smaller the conditions will be spelled in the contract or receipt, the more chances you have to receive your money back. Pay attention to the fact that the display is written by the borrower itself. Return of the loan is also drawn up by the breakdown, which the lender writes.

Clearance refers to a document confirming the commission of a loan agreement between individuals. Debt receipts between the saline are the most common options for contractual relations. However, money is often able to destroy the most excellent relationships not only among friends, but even among relatives, if they do not get acquainted, as competently arrange a cash debt.

The circumstances in which the urgent need arises in the need for a certain amount of money, can happen from any person. In order not to resort to bank loans or contact Lombard, it is much easier to take money from friends familiar or in a microfinance company. For citizens of the Russian Federation, a loan agreement or receipt between individuals is considered quite legal.

How to make a receipt about the loan of money?

The long-style debt is written by a borrower in a free style. The following requires to display the following:

• Information about the borrower and lender.
• The place of constant location of both participants in the transaction.
• Loan size and currency type taken in debt (rubles, dollars or euro).
• The type of currency in which you want to return the amount.
• Deadline for debt.
• Percentage size and procedure for its calculation (for debt taken at percent)
• Sanctions when dealing with the term of debt return.
• The document can be sent manually or print on the printer, but the signatures of the parties need to be stailed personally.

When writing a receipt, it is necessary to reflect that the lender issued a certain amount, and the future debtor accepted it. When returning the debt, it is also necessary to make a receipt with signatures of both parties.

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Cash loan

To avoid disputes between the lender and the debtor, an example of the receipt between the physicians of the following content is proposed:

"Receipt

I, Sidorov Ivan Ivanovich (borrower), 03/23/1985, with registration in Tomsk, ul. Novoselova, D.5 kV.17, passport (series ..., number ... issued ...) accepted from Petrova Petr Petrovich (Leader), 12.02.1984., With registration in Omsk, ul. Dzerzhinsky, d.4 kV.14, passport (series ..., number ..., issued ...) amount in the amount of 15,000 (fifteen thousand) US dollars, which at the rate of the Central Bank of the Russian Federation for 01.04.2020 equals 975,000 Russian rubles . The amount of debt in the amount of 15,000 (fifteen thousand) US dollars I undertake to return in Russian rubles at the rate of the Central Bank of the Russian Federation no later than 01/01/2020

Money recipient signature: - "Sidorov Ivan Ivanovich"

Creditor's signature: – "Petrov Petr Petrovich"

An example of a description of interest accrual on debt:

"... I undertake to return debt in the amount of 15,000 (fifteen thousand) US dollars in rubles of the Russian Federation at the rate of the Central Bank of the Russian Federation no later than 01/01/2020, with interest for a credit for the interest rate constituting 20% \u200b\u200bper annum ..."

The return of debt between the physicals is also required to write in the document. It may look like this:

«… I, Petrov Petr Petrovich (lender) passed 01/01/2020. From Sidorova Ivan Ivanovich the amount of 15,000 (fifteen thousand) US dollars in Russian rubles at the rate of the Central Bank of the Russian Federation at the return date, as well as all accrued interest on the loan ... "

Signature of the debtor: - "Sidorov Ivan Ivanovich"

Creditor's signature: – "Petrov Petr Petrovich"

In debt letter, the participants of the transaction may display various loan details so that the future does not have a misunderstanding. If a deposit is displayed in a debt letter, then in this embodiment it needs to be displayed.

It must be considered as follows:

• In the form of a deposit, you can use any property.
• We must make sure that the collateral belongs to the debtor.
• If the car is laid, then you need to view the documents for it.
• At the pledge of real estate, for example, apartments, you need to explore documents on housing, confirm the consent of adults, prescribed in the residential room that it will be laid.
• At the pledge of real estate, it will be safer if the receipt of credit and pledge will be confirmed notarially. This will eliminate the possibility of fraud, both with one and on the other hand.

A loan document is a letter providing documentary proof of the fact of making money by the physical.

The form of the letter is required in accordance with the norms of this legislation of the Russian Federation. With non-compliance with the rules for writing a debt receipt, the paper may be invalid, without applying to the execution of promises.

We note the features of the document that must be observed:

1. Usually, the segment is made in the handwritten version. At the same time, the law is allowed to print it. However, in judicial practice, they trust the handwritten embodiment of debt receipt, since sometimes there is a need to check the handwriting of a person who wrote a receipt that may turn out to be extensive proof of the legal relationship between the parties, with controversial issues on the transfer of money. The document is obliged to reflect the clear circumstances of the loan and the order of its return.
2. Unlike other contracts and agreements compiled in several instances, the receipt is written in one instance. The presence of several debt receipts can mean the design of additional financial transactions between the parties.
3. If the amount of money is issued through a representative, then this person must have a document giving the right to act in the interests of the borrower. In a written receipt, this circumstance must be displayed, with a detailed description on the basis of what circumstances is issued the amount and its subsequent use.

In this option, the debt letter to issuing money should display:

• Full information about the participants in the cash transaction.
• Details and powers of the mediator deal on the basis of power of attorney or other documents giving the right to represent the interests of the borrower with the provision of the original or photocopy of such a document.
• A receipt of acceptance of the amount with the preparation of conditions for the issuance of the amount received by a third party.
• At the date of issuing a sum of money, the receipt is obliged to be valid.

1. The document is signed by a person who made it and is in exchange for the declared amount displayed in the letter. The fact of the presence of the receipt from one of the parties is an assertive status of transferring money to a person.

The percentage decister is required to display the following data:

• Information about the future debtor, address of finding and registering, passport data certifying his personality, place of labor activity.
• FULL NAME. Persons providing money to the debtor, its contact details, location and information from the passport.
• The amount of money (figures and in words) and the term of debt repayment.
• Interest for using the loan if their accrual is displayed in the receipt.
• Signature of the person who has received a sum of money.

In addition, other conditions may be displayed in the document being drawn up, for example, the availability of witnesses, for possible involvement in the consideration of controversial conflicts in court.

It is necessary to refer to the writing of the receipt, therefore it is better if it will be written on the draft and extremely studied the main conditions. It is possible that it will be necessary to add anything.

In the lettering about the issuance of money, it is necessary to create information about the debtor and the lender, because it is possible that the written letter prescribed may be needed for litigation.

Such a letter is written in an arbitrary form on a pure sheet of A4 format, in which it is hand-sized. This is the best option to compile debt receipt, as with a dispute about the reality of the document, it will be possible to perform an examination of the handwriter of the recipient of the loan.

The document is a written statement that the amount was transferred to the borrower at a certain time, after which he must return debt with interest for their use. In the form, the order of interest accrual is displayed in detail. If there is no display of interest in the document, then with the amount of debt more minimum wage, interest is automatically accrued at the rate of the Central Bank of the Russian Federation.

Sample debt receipt between individuals without interest

If the letter is not displayed in the form, the duty becomes automatically interest, provided that the debt is not more adopted at the date of the conclusion of the Mrometa Agreement. However, if the debt is above the Mrometa, and the letter does not show an accrual of interest, they will be charged by the machine at the rate of the Central Bank of the Russian Federation.

In order to, in such situations, there was no confusion when the debt is returned, you need to clearly stipulate in a debt blank there is or not a percentage.

Did the companions contact you with a request to lend money? On the one hand, I do not want to lose cooperation, but the means is difficult to "tear off the heart." To date, almost everyone faces such a problem, and not everyone is decided to satisfy such a request. In fact, there is nothing terrible in this if it is documented that the procedure for "take-off" is documented, which will be in itself legal force. Let's consider in more detail how the loan agreement is made.

So, the loan agreement is a formal document that regulates relations between the lender (gives funds) and the borrower (takes funds) about the take of money or other material things in debt. This transaction can be carried out in the form of a written or oral loan, as well as as a receipt.

There are several types of loan:

• Loans between individuals and legal entities;
• Loans between legal entities or private entrepreneurs;
• Taking funds to debt between individuals;
• Loans between legal entities (with remuneration and without it).

The conditions for the conclusion of such contracts are governed at the legislative level of the Civil Code of the Russian Federation (chapter 42).

Many are performed by the loan of the means on the basis of the oral agreement. It should be noted that this is a very risky step, and such operations must be carried out only with proven people or close relatives. In the event of a conflict situation, the guarantees of the debt return even through the judicial intervention is practically no. Therefore, be careful in your decisions. One common options for making a similar deal is to a receipt. It is convenient in emergency situations when there is no necessary form of contract at hand. But it should be remembered that the receipt is compiled unilaterally, without copies for the second partner of the transaction and in the case of loss of a single copy becomes simply an oral agreement, and this is fraught with consequences.

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If you do not want to face the problems of returning your money, it is best to issue a loan agreement. It can be standard written or notarized. It is more reliable to make a similar contract complete with a receipt.

When decorated, do not forget to adhere to the basic rules:

1. Specify the place and date of the transaction in the document header. Also register the full contact details of both sides. If we are talking about a company, we need the name of the enterprise and the coordinates of the director, for individuals it is enough to regit passport details.
2. The subject of the contract is the amount of funds that is given in debt. Push it in words and in the numerical equivalent, do not forget about the transaction currency. This also indicates a specific order and form of money return (cash or non-cash).
3. In the section "Rights and Responsibilities of the Parties", we register the basic requirements for the deal partners. The first item and the basic rule should be that the borrower undertakes to return a specific amount of money in a certain period of time according to the above treaty.
4. A separate clause of the contract indicates the urgency of the fulfillment of the obligations and the procedure for the improper use of the document. Be sure to register the amount of penalties in case of violation of the terms of the agreement. They must be previously replaced by both parties. It also makes a mark on emergency cases of force majeure, and what is the order of action in such situations.
5. At the end of the document, actions are usually prescribed in case of violation of the terms of the contract and the procedure for applying to judicial instances. Do not forget to indicate the complete details of both sides at the very end and copp the document to the signatures.

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The standard question for many is whether interest in the use of material means should be included in the treaty. As a rule, this item is one of the first to negotiate when concluding a transaction. Therefore, if you have made solutions to give funds to debt percentage, do not forget to register this condition a separate line in the document. An interest-free loan is considered to take funds in the amount of no more than 50 times the magnitude of the minimum wage. If you are faced with the problem of failure to fulfill obligations under the terms of the contract, do not hurry to be upset - follow the lawyers for advice with further appeal to the court. The procedure for challenging such situations is agreed

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The loan agreement between individuals is two ordinary citizens. Its essence is that one of the parties provides, and the other gets material resources into temporary use. Regarding the term and order of return, the participants of the Agreement agree before drawing up the document. The latter records the obligations adopted by each party.

The preparation and execution of the document is based on chapter 42 of the Civil Code of the Russian Federation. The main goal is to protect the rights of each of the participants of the transaction.

Oral or written form of such a contract is possible. The second option applies when the total cost of the agreement exceeds a tenfold minimum salary amount established by the legislation at the time of the transaction. In other cases, the parties are guided exclusively by their own preferences.

A written agreement may be certified by a notary, although this does not affect the legal consequences of the document. It can also sign the witnesses of cash transmission or other values, if present at the time when an agreement is executed.

Various varieties

The legislation of the Russian Federation subdivides such a type of transactions to the following categories:

• Target: The provision of a monetary loan implies the use of funds by the recipient exclusively for specific purposes - to acquire certain goods, treatment, education, etc.
• Neamee: Given to any needs of citizens, the recipient has the right to use finances at its own discretion. In practice, this is more expensive solution than the target loan.

Both types of transactions may have a compensated or gratuitous character, i.e. Funds are provided with the calculation of the payment of interest for their use, or without additional fees.

Receipt

To protect yourself, the borrower and the lender can write receipts. The first confirms that he received money for temporary use, and the second - that he was partly, completely or with percentage returned tools.

References are considered to be the best solution to the controversial issues. Often, citizens naively believe that the document is drawn up only when the transfer of funds. In practice, it looks like this: the borrower writes that he received the amount, and when returning simply takes the receipt at the lender. Sometimes this procedure is justified, but it happens that the cunning lender is deceiving the debtor.

Example from personal legal practice:

The woman borrowed money from his employer in private. The receipt was among individuals. Subsequently, she fired from this place of work on his own request, causing the anger of the head of the head (lender), because The termination of labor relations fell on the quarterly reporting that a worker did not prepare.

The woman in good faith returned the borrowed funds and took the receipt provided earlier. After a while she received a summons. The plaintiff spoke a former boss who demanded to return the debt, which she believed was already paid.

It turned out that the lender replaced a copy of a copy made on a color printer, so there was a valid document in his arms, confirming that they were transferred to them, and the defendant did not have the actual evidence of the return of debt. Naturally, the court decision was made in favor of the plaintiff.

When refund, require a receipt confirming the fulfillment of obligations.

Avoid negative consequences allows repayment of a loan with a bank transfer. This indicates the number, date of signing the contract and the appointment of payment. Sometimes it is additionally compiled a receipt of a return, but there is a risk of an inverse situation: the borrower can declare that he made two payments - in cash and through the bank.

Interest

The loan agreement between individuals may provide for the accrual of an additional amount (penalties) for a late refund, as well as a certain amount or interest for the use of means.

The payment scheme is negotiated in the contract or receipt, if there is no provision on monthly payments, it is assumed that the borrower is obliged to return the whole amount at the same time, and percentages to pay monthly, according to Art. 809 of the Civil Code.

All nuances stand competently prescribe when conclusted the transaction, otherwise the lender does not avoid litigation.

Documentary features

The signing of a loan agreement requires compliance with certain rules.

Standard sample provides an indication:

• full name. both participants of the agreement;
• passport data of each side;
• residence / registration of the lender and borrower;
• amounts and dates of the transfer of financial resources to the debtor;
• terms of start and end of the contract.

When transferring to temporary use of any values, it will not be superfluous to make an act of acceptance. This measure will save both sides of the doubts about the proper quality of property.

For agreements and receipts, there are standard samples, but in practice, you should adhere to the specification of mandatory items, even if something is lost in the template.

When transferring funds between close people, the importance of the written form of the contract is often overlooked. Relatives are shy to ask for a receipt for the transfer of material values. Do not be afraid to demand written confirmation, close people will understand your concerns, and at the same time will be more disciplined to fulfill their obligations.

The loan agreement is the official agreement between the two citizens, one of which (Leader) provides for the use of personal funds to the second (borrower), which undertakes to return to the time consideration of interest for their use. Specific rules for compiling this document are established.

Features of the preparation of the document

Form of the loan agreement

The loan agreement between individuals is compiled if the size of the loan exceeds the state established by the state is a tenfold amount of minimal salary acting on the date of the loan. As for smaller amounts, the parties are entitled to enter into an agreement orally.

The written agreement must be certified notarized, although the strict requirement in the implementation of this operation by law is not established. At the request, the signing of the document can be produced in the presence of witnesses that will have to testify the document by putting their signatures under it.

Subject contract

At the beginning of the document, Passport information is indicated about the sides, its components (lending and the borrower), with the obligatory inclusion of the accurate place of their residence. Names must be written completely without cuts.

• the amount of the amount provided to the temporary use of the borrower in its numerical and verbal expression;
• the form in which the money is transferred to the borrower (cash or by bank transfer);
• the deadline for which the loan is issued indicating the boundary date of its return (the number and year is written by numbers, month - in words). If the date is not defined, the borrower will need to return the funds taken within 30 calendar days;
• the moment when the occurrence of which the loan will be considered repaid.

In order to avoid the need to compile additional approval, to the item on the subject of the contract should include information that the lender does not object to early repayment of debt and interest accrued on it.

The procedure for calculating and paying interest

The parties have the right to determine the rate on which interest on the loan will be accrued. If this is not done, the interest may be calculated taking into account the refinancing rates valid at the time of the preparation of the loan agreement at the place of registration (actual residence) of the lender. This is defined.

Important! If the loan is interest, it must be spelled out in the terms of the agreement.

This paragraph should register the procedure for accrualing interest, as well as the procedure for their payment.

Responsibility of side

Final provisions

In this paragraph, information is prescribed, which is non-core and does not affect the terms of the contract. So, here the number of copies of the contract is indicated, as well as who receives them. If the borrower was given a receipt to receive money, this fact is also reflected here.

Important! The text of the document must be written without acceptance of errors, blots and corrections.

The document at the end is signed by both parties with re-indicating their details, passport data and contacts.

Filled document sample

A loan agreement between individuals No. _____

____________________ ___ ______________ _______

Citizen ________________________________________, passport (series, number, issued) _______ ________________________________________________________________________________________________________________________, referred to in the future Zaimoda residents", On the one hand, and a citizen ________________________________________, a passport (series, number, issued) _______ __________________________________________________________________________________________________________________________, hereinafter referred to as" Borrower", On the other hand, hereinafter referred to as" Parties", Entered into this Agreement, in the future" contract ", as follows:

1. The Subject of the Agreement

1.1. The borrower transfers the borrower in the amount of _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1.2. The loan amount is transmitted in cash.

1.3. The loan amount is provided for a period to "___" ______________ _______ year.

1.4. The loan amount is considered to be returned at the time of making the relevant money to the lender.

1.5. The lender gives consent to the early return of the loan amount and interest without additional receipt of the borrower of written approval about this.

2. The procedure for calculating and paying interest

2.1. For the use of the loan amount, the borrower pays the lender interest from the calculation of _______ percent per annum.

2.2. Interest is charged from the day following the day of granting the loan amount (), until the day of returning the loan amount () inclusive.

2.3. Interest for the use of the loan amount is paid simultaneously with the return of the loan amount.

3. Responsibility of Party

3.1. For late return of the loan amount (), the lender is entitled to demand from a borrower to pay interest in the manner prescribed, Civil Code of the Russian Federation (regardless of the payment of interest provided).

3.2. For violation of the timing of interest (), the lender has the right to demand a borrower of payment of penalty (penalties) in the amount of _______ percent of the amount not paid on time for each day of delay.

3.3. The recovery of tissues and interest does not relieve the direction, violating the loan agreement, from the fulfillment of obligations in kind.

3.4. In all other cases, the failure to fulfill obligations under the contract part is liable in accordance with the current legislation of the Russian Federation.

4. FORS MAJOR

4.1. The parties are exempt from liability for non-fulfillment or improper fulfillment of obligations under the Agreement, if the appropriate execution was impossible due to force majeure, that is, emergency and unpredictable circumstances under these conditions under which they are understood: the forbidden actions of the authorities, civil unrest, epidemics, blockade, embargo, earthquakes , floods, fires or other natural disasters.

4.2. In the case of these circumstances, the Party is obliged to notify the other party within _______ days.

4.3. The document issued by the Chamber of Commerce and Industry is sufficiently confirming the presence and duration of force majeure.

4.4. If the circumstances of the force majeure continue to act more than ______ months, each party has the right to terminate this loan agreement unilaterally.

5. Resolution disputes

5.1. All disputes associated with the conclusion, interpretation, execution and termination of the contract will be resolved by the parties by negotiation.

5.2. If the agreement is unacined during the negotiations specified in, the interested party sends a claim in writing, signed by an authorized person. The claim must be directed using communication tools that ensure fixation of its departure (by mail, telegraph, etc.) and receiving, or is presented to the other side of the receipt.

5.3. The claims must be attached documents that substantiate the claim to the interested party (in the case of their absence from the other side), and documents confirming the powers of the person who signed the claim. These documents are submitted in the form of properly certified copies. The claim aimed without documents confirming the powers of its signatories is considered to be undertaken and not subject to consideration.

5.4. The party to which the claim is directed is obliged to consider the resulting claim and the results of notifying the interested party in writing during _______ working days from the date of receipt of the claim.

5.5. In case of unresolving disagreements in a claim basis, as well as in case of non-receipt of a response to a claim during the period specified in, the dispute is transferred to the arbitration court at the location of the defendant in accordance with the current legislation of the Russian Federation.

6. Change and early termination of the contract

6.1. All changes and additions to the contract are valid if they are in writing and signed by both parties. The corresponding additional agreements of the parties are an integral part of the loan agreement.

6.2. The contract may be terminated early by agreement of the parties or at the request of one of the parties in the manner and on the grounds provided for by the current legislation of the Russian Federation.

7. Final provisions

7.1. The contract is drawn up in two copies, one for each of the parties.

8. Details and signatures of the parties

Zaimoda residents

Borrower

• Registration address: ______________________________
• Mailing address: ______________________________
• Phone fax: ______________________________
• Passport Series, number: ______________________________
• Issued by: ______________________________
• When issued: ______________________________
• Signature: ______________________________