The basis of legal relations under a loan agreement is the transfer by the lender of money, things defined by generic characteristics or securities into the ownership of the borrower. As a result of the transfer of money, according to the rules established by Art. 807 of the Civil Code of the Russian Federation, at the time of receiving the loan, the borrower has a counter obligation to return the same amount of money or things purchased by him (the same quantity, type, etc.) within the period established by the agreement.

LOAN AGREEMENT N ___

__________________________________________________________

We, gr. ______________________________________________________________,

passport: series ________, N __________, issued _____________________________,

hereinafter referred to as "Lender", and gr. _______________________________,

passport: series _______, N ________, issued ________________________________,

residing at the address: ________________________________________________,

hereinafter referred to as___ "Borrower", have entered into this agreement for

as follows:

1. The Lender transfers ownership to the Borrower _______________________

___________________________________________________________________________

for the period specified in this agreement, and the Borrower undertakes to repay

the same amount of money within the period stipulated by this agreement.

2. This loan agreement is interest-free.

3. In confirmation of receipt from the Lender Money The Borrower provides the Lender with a receipt for their receipt.

4. The borrower is obliged to repay the entire loan amount specified in clause 1 of this agreement no later than "___"___________ ____.

5. At the request of the Borrower, the loan amount can be repaid ahead of schedule or repaid in parts, but no later than the period specified in clause 4 of this agreement.

6. If the Borrower violates the deadline for repaying the loan amount specified in clause 4 of this agreement, he is obliged to pay the Lender a penalty (penalty) in the amount of ___% of the unreturned loan amount for each day of delay. The penalty is accrued until the entire loan amount is repaid, but cannot be more than 100% of the loan amount.

7. This agreement is considered concluded from the moment the Lender actually transfers the loan amount to the Borrower, which is confirmed by the Receipt.

8. The agreement is drawn up in two copies having equal legal force, one copy for each of the parties.

SIGNATURES OF THE PARTIES:

Lender: _________________________________

Borrower: _________________________________

The contract was concluded in the presence of:

gr. _____________, passport: series ______, N ______, issued by ___________, residing at the address: ______________________________;

gr. ____________, passport: series _______, N ______, issued by ___________, residing at the address: ______________________________.

Rules for drawing up and maintaining a loan agreement between individuals. persons

Since we are talking about a loan agreement between individuals. persons, then it is considered concluded at the moment when the amount of the loan or other subject of the contractual relationship is transferred to the borrower.

Currency and other currency values ​​can also be the subject of a loan in the Russian Federation, subject to compliance with the requirements established by Art. 140, 141 Civil Code of the Russian Federation.

The essential terms of the agreement are its subject - the amount of money, things, etc., transferred as the object of the loan.

The content of the loan agreement is determined by the mutual obligations and rights of the parties to the agreement. However, under this agreement, obligations are actually borne only by the borrower, after receiving the borrowed funds or things into ownership (Article 810 of the Civil Code of the Russian Federation). The lender acquires the right to demand from the borrower the return of the loan, and in some cases, payment of interest and penalties.

The legislation of the Russian Federation provides for the possibility of providing a targeted loan, in which the borrower must use the received subject of the agreement for the purposes established by agreement of the parties. The rules prescribed by the provisions of Article 809 give the parties the ability to provide a loan at interest.

Important! If the loan was provided at interest for personal family or household needs not related to the borrower’s business, then it can be repaid ahead of schedule provided that the lender is notified within a month before the repayment.

Since mid-summer 2018, amendments made to civil legislation regarding financial transactions establish requirements for the mandatory written form of a loan agreement concluded between citizens if its amount exceeds 10,000 rubles. A receipt provided by the borrower can serve as confirmation of the contractual relationship and the loan itself (Article 808 of the Civil Code of the Russian Federation).

Violation by the borrower of the terms of the agreement may entail the application of the provisions of Art. 811, paragraph 1, art. 395 Civil Code of the Russian Federation.

Based on the rules prescribed by the provisions of Art. 330 of the Civil Code of the Russian Federation, if the borrower is late in fulfilling its obligations, then the lender has the right to demand payment of a penalty. In this case, the lender is not required to prove that he suffered losses.

The creditor has the right to demand payment of a penalty, which is determined by law (Civil Code of the Russian Federation, Art. 332).

It must be remembered: the agreement on the amount of the penalty should not violate the main and fundamental principles civil law, established by the provisions of Art. 1, 10 of the Civil Code of the Russian Federation, as well as other norms of the legislation of the Russian Federation (reasonableness, good faith and equality of terms of contractual relations).

Filling out a loan agreement

The document defining the terms of the loan agreement requires that full information about the parties, as well as the place and date of conclusion, be indicated at the very beginning.

The agreement must contain the exact amount of transferred funds, or a description of the thing, with its qualitative, generic and quantitative characteristics, as well as the conditions under which the loan object is transferred into ownership and must be returned to the lender.

It is also necessary to indicate the duration of the contract and the conditions under which the contract is valid.

The conditions for the application of a penalty may be specified in a separate section in the agreement. In the absence of such, the claim for a penalty will occur according to the rules and in the manner established by law.

The agreement must be drawn up in the number of parties to the legal relationship, and also contain at the end of the document their full details and personal signatures.

A receipt refers to a document confirming the completion of a loan agreement between individuals. IOUs between individuals are the most common types of contractual relations. However, money can often destroy the most beautiful relationships not only among friends, but even among relatives, if you do not know how to properly arrange a monetary debt.

Circumstances in which there is an urgent need for a certain amount of money can happen to any person. In order not to resort to bank loans or go to a pawnshop, it is much easier to borrow money from friends, acquaintances or a microfinance company. For citizens of the Russian Federation, a loan agreement or receipt between individuals is considered completely legal.

How to make a receipt for borrowing money?

The promissory note is written by the borrower in his own hand in a free style. The receipt must show the following:

• Information about the borrower and lender.
• The permanent location of both parties to the transaction.
• The size of the loan and the type of currency borrowed (rubles, dollars or euros).
• The type of currency in which the amount must be returned.
• Debt repayment period.
• The amount of interest and the procedure for calculating it (for debt taken out at interest)
• Sanctions for failure to repay the debt.
• The document can be written manually or printed on a printer, but the signatures of the parties must be affixed in person.

When writing a receipt, it is necessary to indicate that the lender issued a certain amount, and the future debtor accepted it. When repaying a debt, you must also draw up a receipt with the signatures of both parties.

(Video: “IOU. Advice from a lawyer.”)

Receipt for loan of funds

To avoid disputes between the lender and the debtor, we offer an example of a receipt between individuals with the following content:

"Receipt

I, Ivan Ivanovich Sidorov (borrower), born March 23, 1985, registered in Tomsk, st. Novoselova, 5 kv. 17, passport (series..., number..., issued...) accepted from Petrov Petr Petrovich (lender), born 02/12/1984, with registration in Omsk, st. Dzerzhinsky, 4, quarter 14, passport (series ..., number ..., issued ...) a loan amount of 15,000 (fifteen thousand) US dollars, which at the exchange rate of the Central Bank of the Russian Federation as of 04/01/2020 equals 975,000 Russian rubles . I undertake to repay the amount of debt in the amount of 15,000 (fifteen thousand) US dollars in Russian rubles at the exchange rate of the Central Bank of the Russian Federation no later than 01/01/2020.

Signature of the recipient of money: – "Sidorov Ivan Ivanovich"

Lender's signature: – "Petrov Petr Petrovich"

An example of a description of the calculation of interest on a debt:

“... I undertake to repay the debt in the amount of 15,000 (fifteen thousand) US dollars in Russian rubles at the rate of the Central Bank of the Russian Federation no later than 01/01/2020, with interest on the loan at an interest rate of 20% per annum...”

Repayment of debt between individuals also needs to be written in the document. It might look like this:

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

Debtor's signature: – "Sidorov Ivan Ivanovich"

Lender's signature: – "Petrov Petr Petrovich"

In the debt letter, the parties to the transaction can display various details of the loan so that there is no misunderstanding in the future. If a pledge is displayed in the debt letter, then this must be displayed in this version.

The following must be taken into account:

• Any property can be used as collateral.
• The lender needs to make sure that the collateral belongs to the debtor.
• If a car is pawned, you need to look at the documents for it.
• When pledging real estate, for example, an apartment, you need to study the housing documents and confirm the consent of the adults registered in the residential premises that it will be mortgaged.
• When pledging real estate, it will be safer if the receipt for the loan and pledge is confirmed by a notary. This will eliminate the possibility of fraud, both on one side and on the other.

A loan document is a letter that provides documentary evidence that an individual has borrowed money.

The form of the letter must be observed in accordance with the norms of this legislation of the Russian Federation. If the rules for writing a promissory note are not followed, the document may be invalid, without being applied to the fulfillment of promises.

Let us note the features of the document that must be observed:

1. Typically, the receipt is issued in handwritten form. At the same time, the law allows it to be printed. However, in judicial practice they trust more in the handwritten version of drawing up a debt receipt, since sometimes it becomes necessary to check the handwriting of the person who wrote the receipt, which may turn out to be additional evidence of the legal relationship between the parties, if controversial issues by transferring money. The document must reflect clear circumstances of the loan and the procedure for its repayment.
2. Unlike other contracts and agreements, which are drawn up in several copies, the receipt is written in one copy. The presence of several promissory notes may indicate the execution of additional financial transactions between the parties.
3. If a sum 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. This circumstance must be reflected in the written receipt, with detailed description on the basis of what circumstances the amount is issued and its subsequent application.

In this version, the debt letter for the issuance of money should display:

• Full information about the participants in the transaction for the issuance of a sum of money.
• Details and powers of the transaction intermediary on the basis of a 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 confirming the acceptance of the amount with the drawing up of conditions for the issuance of the received amount to a third party.
• On the date of issue of the amount of money, the receipt must be valid.

1. The document is signed by the person who executed it and is given in exchange for the stated amount shown in the letter. The fact that one of the parties has a receipt confirms the status of the transfer of money to the person.

The interest receipt must display the following data:

• Information about the future debtor, location and registration address, passport details proving his identity, place of work.
• FULL NAME. the person providing money to the debtor, his contact details, location and information from his passport.
• The amount of money (in numbers and words) and the maturity date of the debt.
• Interest for using the loan, if its accrual is shown in the receipt.
• Signature of the person receiving the amount of money.

In addition, the compiled document may display other conditions, for example, the presence of witnesses, for possible involvement when considering controversial conflicts in court.

The writing of a receipt must be taken responsibly, so it is better if it is first written in draft form and the main conditions are meticulously studied. It is possible that something will need to be added.

In the form for the issuance of money, it is necessary to display in as much detail as possible the information about the debtor and the lender, since it is possible that the letter drawn up may be needed for legal proceedings.

Such a letter is written by the borrower in any form on clean slate A4 format, in which he signs with his own hand. This the best option drawing up a promissory note, since in the event of a dispute about the validity of the document, it will be possible to carry out an examination of the handwriting of the loan recipient.

The document is a written statement that the amount was transferred to the borrower for a certain time, after the completion of which, he must return the debt with interest for its use. The form must detail the procedure for calculating interest. If the document does not show interest accrual, then if the debt amount is greater than the minimum wage, interest is calculated automatically at the rate of the Central Bank of the Russian Federation.

Sample promissory note between individuals without interest

If the form does not display the accrual of interest, then the debt becomes automatically interest-free, provided that the debt is not more than the minimum wage accepted on the date of conclusion of the agreement. However, if the debt is above the minimum wage, and the accrual of interest is not shown in the letter, they will be calculated automatically at the rate of the Central Bank of the Russian Federation.

To avoid confusion in such situations when repaying the debt, it is necessary to clearly state in the debt form whether there is interest or not.

You can borrow money not only from a bank - you just need to turn to friends or acquaintances for help by concluding a loan agreement between individuals. persons. This document is a guarantee of a refund; both parties are interested in its preparation.

However, you need to understand that a legally executed transaction may entail the need to prepare reports and pay taxes in some cases. What tax consequences does an interest-bearing and interest-free loan entail? individuals?

How to properly draw up a loan agreement

Depending on the amount of funds received as a loan and other nuances of the transaction, it is necessary to prepare supporting documents. How to properly arrange a loan of money between individuals?

1. If the amount does not exceed 10 thousand rubles, an oral loan agreement is drawn up between individuals - it will be sufficient if there is a receipt;
2. If the amount is more than 10 thousand, a simple written loan agreement between individuals and a receipt are drawn up;
3. When drawing up an agreement with collateral, you must register it with the Federal Reserve System; without this procedure, the transaction is considered unconcluded, and it can easily be challenged later;
4. Transactions between citizens of the Russian Federation are carried out only in rubles, therefore it is possible to conclude an agreement in foreign currency only with a non-resident of Russia. Otherwise, you face liability under Article 15.15 of the Code of Administrative Offenses with a fine of up to 100% of the illegal transaction, and the transaction may be declared void.

In a currency agreement, you can indicate that payments are made in rubles in an amount that is equivalent to foreign banknotes.

How to draw up a paid or gratuitous loan agreement between individuals? For proper registration, especially when it comes to a large amount, it is worth contacting a financial lawyer to avoid pitfalls and possible challenges in the future.

How is the contract drawn up?

Of course, you can lend money to friends and relatives on trust, but with this approach the Lender always runs a risk: the funds may be returned late or even refused.

A loan from a private person against a receipt allows you to avoid disagreements, and if the conditions are not met, you can go to court and collect the money forcibly. The standard form of an agreement is not established by law, and emerging legal relations are regulated by the Civil Code.

To take out a loan from a private person, you need to prepare a document indicating:

• information about the parties to the transaction, you must indicate your full name, registration address, residence, series, passport number;
• subject of the transaction - the amount in figures and words, monetary units must be indicated (in rubles or in foreign currency);
• paid or free - if the amount of interest is not specified, it is determined based on the refinancing rate; receiving an interest-free loan from an individual must be expressly stated in the terms of the agreement;
• features of lending money from private individuals against a receipt - method (cash or card), payment schedule, availability of collateral (for example, a loan secured by real estate or a car);
• the deadline for returning the money, if it is missing, is within a month from the moment the Lender made such a demand;
• sanctions and liability if a person does not repay an interest-free loan, conditions for resolving disputes.

Additionally, a receipt for borrowing money between individuals is drawn up - it confirms the receipt of funds and remains with the Lender.

The maximum amount of an interest-free loan between individuals is not limited - a transaction can be completed in the amount of either 1 thousand or 1 million rubles. In these cases, a notarial agreement is not required; it can be drawn up at the request of the parties.

Can an individual issue loans on an ongoing basis?

Some people who have sufficient funds at their disposal can earn money by issuing loans to individuals. But if the provision of money to relatives, friends and acquaintances is not limited in any way by law, then private loans and credits to outsiders are issued only by entrepreneurs.

How many loans can an individual issue? Their number is not limited, but if the Federal Tax Service can determine the systematic nature of their issuance, a fine may be assessed for illegal conduct of business activities.

Thus, the obligation to pay taxes on interest-bearing loans from individuals is regulated by the Tax Code of the Russian Federation. Under interest-free agreements, when material benefits are received, personal income tax also has to be paid. In other situations, physical individuals are relieved of the obligation not only to pay taxes, but also to submit reports to the Federal Tax Service.

Do you always have to pay taxes?

Tax consequences when concluding a loan agreement

When a debt is transferred under a loan agreement, tax consequences do not occur in all cases. If the money is received free of charge, you will not have to pay anything - there is no taxation on an interest-free loan. The need to pay personal income tax arises if:

1. An interest-bearing loan agreement has been drawn up - taxation cannot be avoided; you will have to pay 13% of income. For example, Ivanov provided Petrov with an amount of 100 thousand rubles. for a year, after 12 months Petrov returned 120 thousand rubles with interest. Ivanov made a profit of 20 thousand, must pay 2,600 rubles to the Federal Tax Service;
2. In case of violation of the terms of the transaction, when fines and penalties are applied, although the loan itself is interest-free. For example, Ivanov provided Petrov with 100 thousand rubles. without interest, but a year later the money was not returned, and through the court it was possible to recover not only the loan, but also penalties and fines in the amount of 130 thousand. Then Ivanov must pay 3,900 rubles to the budget;
3. Is the loan taxable if the debt is forgiven? This situation often arises between relatives or good friends when the loan is small. Is a loan considered personal income? Yes, in this case the borrower actually receives money as a gift and is required to pay tax. For example, Ivanov provided Petrov with funds under the agreement - 100 thousand rubles. Petrov returned 50 thousand, the rest of the amount was forgiven, so the borrower pays 50 thousand * 13% = 6.5 thousand rubles.

Thus, interest on a loan from an individual is always subject to personal income tax, and taxes must be paid if one of the parties to the transaction has received a material benefit.

Do I need to submit a declaration to reflect the loan received?

Cases when it is necessary to prepare a declaration in form 3-NDFL are indicated in Art. 228-229 Tax Code of the Russian Federation. Pay personal income tax with mat. There is no need to benefit from an interest-free loan, just as there is no need to submit reports. A declaration is required if:

• interest accrued;
• the borrower has paid penalties and fines for overdue debt;
• the loan was forgiven;
• if the loan is received from an individual entrepreneur, the Lender submits a declaration and pays personal income tax on interest. And the borrower pays tax on an interest-free loan, since he saves on interest that could have been charged when taking out a standard loan.

It is necessary to reflect the receipt of a cash loan from private individuals in reporting only if a profit was made. Documents are submitted to the Federal Tax Service by April 30 of the year following the reporting period.

Taxation of a loan from an individual entrepreneur and filing 6-NDFL

Individual entrepreneurs are also individuals and can receive money in installments from individuals or, on the contrary, provide financial assistance to their employees or third parties. If the borrower is an individual entrepreneur, 6-NDFL is submitted to pay tax on material benefits on an interest-free loan. You can get a loan without personal income tax:

• from an individual;
• from another individual entrepreneur, if the money is spent on conducting the main activity in the UTII mode.

Do not forget about the maximum amount that can be provided in cash - 100 thousand rubles, by non-cash form - 600 thousand rubles, which will eliminate questions from bank employees. Cash loan repayment is carried out without restrictions if there is no cash payment limit.

6-NDFL also reflects interest on loans, and the tax is calculated according to the formula: personal income tax = loan amount * 2/3 of the refinancing rate / 365 days * contract duration * 35%. This is done in lines 020, 040, 080. An individual entrepreneur cannot withhold personal income tax from the borrower; the Federal Tax Service will do this on its own.

If you do not submit reports, you may encounter a situation where the tax office itself sent tax on the loan based on the results of a desk audit. For late payment of IP, a penalty may be charged.

What to do if the borrower does not return the money

Correct execution of a loan between individuals allows, in case of violation of the terms, to go to court, where the following is subject to recovery:

• the full amount of the loan;
• contractual penalty;
• penalties for using someone else's money;
• compensation for harm caused and lost profits.

To avoid non-refund of money, the parties can resort to insurance by contacting specialized companies. Then, when an insured event occurs, the money is transferred not from individuals. persons physical person, but from insurers.

If you need personal advice or assistance in filling out tax return 3-NDFL, as well as sending it to the tax office through the service “ Personal Area taxpayer”, feel free to go to the page with ours.

Anyone can experience financial difficulties. And it is not always possible to apply to a bank for a loan. It is much easier (or on more favorable terms) to seek help from a private person who has the opportunity to borrow money. The main thing when concluding a transaction is to formalize everything legally correctly in order to avoid problems in the future.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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How to compose correctly

When a person applies for a loan credit organizations, the bank must be reinsured.

What does bank insurance mean:

• the borrower's place of employment is checked;
• his credit history is checked;
• collateral property is determined;
• more is installed high percent for “risky” borrowers;
• guarantors are taken, etc.

An individual, acting as a creditor, has more than limited opportunities to ensure the security of a financial transaction. Of course, no one just gives money from hand to hand. A loan to an individual from an individual must be documented.

An agreement is drawn up, which necessarily stipulates all the conditions for receiving and returning funds. If the borrower does not return the money on time or in full, this document will become the basis for the lender to apply to the judicial authorities to protect its rights.

But in order for this agreement to have legal force, certain conditions must be met:

• the procedure for drawing up such agreements is regulated by civil law, or more precisely by the Civil Code - the form of the agreement and the content of each clause must comply with established rules and regulations;
• In order for a transaction to acquire “legal weight,” it is necessary to have the contract certified by a notary.

To comply with all formalities, it is best to contact a legally competent person. A notary may be present during the transaction process. This specialist can also take care of the paperwork.

It is worth considering that when contacting a notary office you will have to spend money. The parties independently agree on who will pay for the notary’s services, but it is unlikely that the lender will spend money on a notary or lawyer; after all, getting the money is the borrower’s goal.

Peculiarities

There is one more feature. The fact that anyone who has it can borrow money is understandable. The main thing is that this money is received legally and the borrower does not have problems with the tax authorities.

That is, the money lent must be paid income tax. Usually by definition tax base and the transfer of personal income tax at the destination is carried out either by the employer or by a citizen of the Russian Federation independently (for example, individual entrepreneurs).

The fact of transfer of money must be confirmed by additional documents - this is a bank statement or a receipt for receiving money.

The loan agreement can be drawn up orally. But only for a very small amount - 1000 rubles. Although people lend each other much larger sums without completing any documents. Still, the agreement is used for loans at interest of large amounts (or without interest).

Video: Interest-free subject to personal income tax

Duration of the loan agreement to an individual from an individual

Each contract has a certain validity period. If we talk about loan agreements, then its validity terminates at the moment of repayment of the debt. Or at the time of termination of the contract by the parties.

But this happens very rarely with the consent of the debtor and creditor. The fact that the debtor agrees will be understandable. But the creditor is unlikely to agree to get rid of the only instrument to protect his rights. The date for the return of funds can be determined, or it can be “on demand”.

Most often, a fixed period for the return of money is set. The contract states when it was drawn up and states when the debt must be repaid. A period for partial repayment of the debt may be agreed upon (as in a standard agreement with the bank). Then an additional payment schedule is drawn up in favor of the creditor.

Limitation of actions

This period is provided for the lender to protect its rights. Do not confuse these two terms - the expiration date of the contract and limitation period. What is this deadline for? It is not specified in the loan agreement between individuals.

The limitation period is established by the Civil Code Russian Federation. According to general principles (which also applies to the loan agreement), this time is for three years. It is during these thirty-six months that the creditor has the right to write statement of claim to the court with a demand to collect the amount of borrowed funds in the event of the borrower’s failure to fulfill its obligations.

In addition to the principal debt, penalty interest can also be collected if this clause was specified in the loan agreement. The main point that lenders are interested in is what day these months begin to count from. The creditor has time to file an application with the court from the day on which the debtor was supposed to pay the last payment (or repay the entire debt).

It is from this day, after three years, that the claim will be rejected in court because the statute of limitations has expired.

Interest

There are no special requirements for indicating the interest rate under a loan agreement between private individuals in the legislation of our country. Most often, they simply indicate the loan amount and the repayment amount.

If money is lent without interest, then there must be a clause in the agreement about this. Because, if there was no agreement regarding the overpayment according to the law, the lender may demand from the borrower an overpayment for the funds lent to the refinancing supply Central Bank countries.

But still, some features regarding the assignment of interest rates under a loan agreement between individuals still exist:

• today it is impossible to lend an amount (with official registration) if in total it exceeds fifty minimum wages (the minimum wage is the minimum wage established in the region of residence of the borrower and the lender);
• if the “loan” is interest-free, a clause about this must be indicated in the loan agreement;
• If the loan is repaid in installments, it is necessary to indicate the date of payment for each payment.

Difficulties with interest also arise when the debt is overdue. The fact is that when a creditor sues an unscrupulous debtor, in the claim he must indicate a fixed amount of recovery.

But the trial can last more than one month, and during this time interest also accumulates.

In this case, there are two options:

• When the lawsuit reaches the stage of “judicial debate,” it is necessary to file a motion to change the price of the claim. That is, an increase in the amount of recovery for claims;
• or after the completion of the trial and the transfer of the writ of execution to the bailiffs, file another statement of claim demanding the recovery of the amount of interest accumulated during the first trial.

The debtor must take into account that interest will accumulate even if “the term of the contract has expired.” It turns out that after the payment date arrives, interest not only stops accumulating, but an additional amount of a fine or penalty may be added to it.

In fact, it turns out that there is no validity period for loan agreements. It ends in the only case - the repayment of debt obligations. But the time the creditor has to file a claim in court is limited to three years.

Transfer

One individual can transfer borrowed money to another in two ways:

• transfer of funds from hand to hand;
• transfer of funds by non-cash means.

In the first case, it is best to take a receipt stating that the money was actually received by the borrower. During this action, the presence of witnesses is desirable. The details of the witnesses are also indicated in the receipt and their signatures are affixed. In the second case, a bank statement will serve as confirmation of the transfer of money from the lender to the borrower.

How to draw up a loan agreement between individuals

In order for the legal relationship that has arisen between two individuals on the issue of a loan to become official, it is first necessary to draw up a loan agreement.

It will contain the following information:

• personal data of the parties;
• amount of debt;
• interest amount;
• the amount of the penalty provided that the money is not returned to the lender;
• return procedure and date;
• contact details of the parties;
• responsibility;
• signatures;
• list of applications.

Taxation

The state believes that every ruble that was received as profit should be subject to taxation. Accordingly, if the borrowed money was transferred to the borrower at interest, then taxes will have to be paid.

When a person works officially, this problem is solved easier - the employer makes all the contributions independently. In the case of private loans, the situation is slightly different - the lender must pay the tax themselves.

In the lives of Russian citizens, situations in which money is needed very urgently, but financial receipts are still a long time away, arise very often. Numerous credit organizations and microfinance centers offer their services to everyone, but the many problems associated with receiving money in this way repel potential clients.

Some people seek to borrow money from their relatives or friends, considering this the most profitable option for themselves - they do not need to collect documents, apply to a representative of the lender, and sometimes pay interest for using finance.

But in this case, it is worth insuring yourself to the person lending money, since not all borrowers are conscientious and repay their obligations on time. The law provides for the possibility of drawing up a loan agreement between individuals, establishing the fact of transfer of funds and stipulating other essential terms of the transaction.

How to properly draw up such an agreement in 2017 and what needs to be done for it to gain legal force?

What is a loan agreement?

Its concept is established in Art. 807 of the Civil Code of the Russian Federation. According to the provisions of the article, a loan agreement is an agreement to transfer money or other material assets one person (lender) to another person (borrower), who, in turn, undertakes to return the funds received by a certain date.

The borrower has the right to dispose of the borrowed money at his own discretion, except in cases where the contract specified a requirement for its intended use.

How to draw up a loan agreement

The law establishes three ways to conclude such an agreement between individuals:

• In oral form. The most unreliable method of confirming the transfer of money, however, is often used in practice. In order to have at least some confirmation that the transaction has been completed, the lender should invite two witnesses to its conclusion;
• by ;
• By concluding an agreement indicating all the details of its parties, as well as the essential aspects of the transaction.

An agreement between individuals must be concluded in writing if its amount exceeds ten times the amount of remuneration established at the time of its execution.

View and download standard sample The loan agreement current for 2017 can be found here.

The procedure for drawing up a loan agreement in writing

The legislator does not establish specific requirements for the content of the contract, so it can be filled out arbitrarily. As a rule, the contract should include the following information:

• passport details of the parties to the agreement;
• place and date of document preparation;
• the amount of cash (indicated in numbers and words) or other material assets transferred to the borrower;
• The period during which the borrower must repay the debt. If the return date is not set, the agreement is considered unlimited. In this case, the borrower is obliged to repay debt obligations within thirty days from the date of their demand by the lender;
• in the event that interest is expected to be charged for using a loan, the procedure for calculating it and the amount of the interest rate;
• procedure for returning funds (by cash or non-cash payment);
• The borrower's responsibility for untimely repayment of the debt in the form of payment of a penalty. It can be defined as in solid monetary amount, and in the form of interest accrued on the amount of funds not paid on time;
• other conditions governing the specific agreement;
• signatures of the parties to the agreement and their decoding.