Taux Interet Legal Remuneration Compte Courant Associe

Here, we only deal with the case of the natural person partner. The partner of the legal entity may have a debit balance of the current account, but this requires the conclusion of a current account contract between the two companies. Table of assistance for calculating interest on Mrs. Y`s current account: These companies can repay these accounts by paying interest to the partners, as for a bank loan. For the determination of taxable profit, Article 39(1) of the CGI 2 sets the conditions for the full deductibility of that interest: the average effective interest rate charged by credit institutions in the second quarter of 2022 for variable-rate loans to companies is 1.96%. According to that provision, the interest rate used to calculate the interest ceiling which may be deducted is the average annual average of the effective interest rates charged by credit institutions on variable-rate loans to undertakings with an initial maturity of more than two years. Members` current accounts: maximum interest rate for the 3rd quarter of 2021 1. Thus, the deductible interest rate for a twelve months coinciding with the calendar year is calculated on the basis of the quarterly average effective interest rates published in the Official Journal divided by 4. A partner`s current account (abbreviation often used by accountants: C/C) is an accounting account used for one and only one partner in a company. Its operation is comparable to that of a bank loan.

The partner “lends” money to the company. If the balance of a partner`s current account is in debt, and the partner owes money to his company, this situation is prohibited and illegal because it can be interpreted as an abuse of the company`s assets. In reality, this situation can happen, you can find our expert opinion in the last paragraph of this article. Now let`s focus on the debit current account! As long as it does not exceed the maximum rate, interest paid as remuneration for current accounts is deductible from the company`s tax result. For the partners, the interest paid to them, deductible or not, constitutes income from movable capital (companies subject to corporation tax). More information about the partner`s current account can be found here in a comprehensive review. Company X, whose capital is fully paid-up, has as a partner Mrs. Y. This company ended its fiscal year on November 30, 2019. The applicable annual interest rate is 1.34% 2° The tax deduction of financial expenses related to the calculation of interest due on a partner`s current account is limited.

This limit is set by a capped interest rate (PMR). However, you may charge a higher interest rate than the average interest rate. However, the deductibility of current interest is limited to the statutory rate, so that the excess is again included in the calculation of the tax result. Current account advances may be remunerated at a fixed interest rate and the interest rate is freely determined©© by the parties. Account closure: the deductible interest rate of the partners` current accounts Simplified example (the following data are fictitious): the calculated rate is 2%, the average rate©is 1.3 ©©% and the balance of the partner`s current account to©be remunerated is €10,000. The rise in interest rates relative to current high inflation is now visible. The rate thus increased from 1.15% in Q2 (closings between March 31 and June 29, 2022) to 1.49% for closings between August 31 and September 29, 2022. The increase is expected to continue in the coming months.

The following persons are authorised© to pay advances on advances on current accounts: The partner concerned may, in the absence of a current account contract, demand repayment of the current account. Amounts can be refunded at any time. In practice, however, a current account can be indebted. Mercy?! So no, not quite. But you should always worry about it seriously, because in the event of a tax audit, you could be prosecuted as a partner, because misuse of the company`s assets is a crime. The rules©depend on the type of member© holding the current account: individual or company©©. As regards the company©© receiving the advances©©, the amounts are entered as liabilities in a current account and must be transferred©to the statement©of assets©, loans©and liabilities No 2057 and not®to the©financial account©. Interest paid to the partners of a company on the basis of the current accounts they hold with this company are deductible from taxable income within the limit of a maximum interest rate referred to in Articles 39, 1, 3 ° of the CGI. ©The interest received is movable income subject to income tax.

The PMR is based on the average APR applied by credit institutions for variable-rate loans to companies with an initial maturity of 2 years. Social security contributions©of 17.20% are due on interest©received in addition©to tax levies. (2) €1,200 (associated current account) x 1.34% (annual interest rate) x 50 (number of days with this balance) / 365 (number of days in the year). Do not be surprised that the settlement of the current account may seem “overloaded”, this is often the case in practice. An affiliate may choose to partially pay one of their expense reports. Nor does it necessarily report expenses on a monthly basis. When an affiliate`s checking account balance is credited, the company owes money to its affiliate, this is the situation you will see most of the time. Interest is calculated as of the balance sheet date of your fiscal year. As with a bank savings account, the calculation is done once a year.

The rate to use is the maximum rate for the month and year of your fiscal year (or higher). Nevertheless, interest will be charged on the daily balance of the partner`s current account. For example, you apply the annual interest rate to each daily balance. Current accounts make it possible to remunerate members©, even if, unlike©dividends, the company©©has no distributable result©. © Overdrafts are a form of loan. The company that receives it©© must then©file the annual declaration of the loan contract (printing number© 2062) no later than the©day of its declaration©©©of results.