Recognition of a loan to staff

Companies
may, under certain conditions, grant loans to their employees. For best
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Rules
governing the lending of money to employees
An enterprise
is allowed to lend money to its employees but this practice must remain
exceptional and be justified by a social reason. Moreover, it is strongly
framed. A loan contract must be drawn up if the loan is granted without
interest and is greater than EUR 1 500 or if the loan is granted at an interest
rate higher than the legal rate. In all cases, it is widely advisable to
establish a convention even if this is not mandatory.
It must
contain various mandatory information, in particular:
The interest
rate, the amount of the due date, the method of payment and the payment dates
(an amortization table may be inserted for this purpose),
The fate of
the loan if the employee's employment contract were to be broken.
It is, in
practice, widely discouraged to deduct loan repayments from net wages.
Attention,
the employee who is the beneficiary of the loan must declare it on a special
form (n ° 2062) when the amount is equal to or greater than 760 Euros. If the
amount of the loan is less than this amount and the employer has made several
loans of this kind, it is he who is obliged to make this declaration if the
total of the loans granted exceeds the sum of 760 Euros.
When the loan
is fully repayable and complies with certain other rules, it is exempt from
payroll taxes .
Lastly,
different rules apply in the case of loans granted to staff representing
investments which have paid off the participation of employers in the
construction effort. The loan must be:
Reduced
interest rate (less than or equal to the A-book rate in force on 31 December of
the year preceding the issue of the loan offer or 1% if the A-book rate falls
below 1%);
For a
particular category of households (whose resources do not exceed a certain
ceiling);
Refundable
for a period not exceeding 30 years;
To finance the construction of a dwelling
assigned to the employee's main residence or to his / her limited family circle
provided that the dwelling meets specific energy performance requirements.
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