One of my close relative would like to invest his excess money in my business on terms of 24% interest. It is legally correct to obtain this loan and pay interest every month to him ?
One of my close relative would like to invest his excess money in my business on terms of 24% interest. It is legally correct to obtain this loan and pay interest every month to him ?
CA CS Jainam Shah
(Practicing Chartered Accountant)
(2492 Points)
Replied 11 November 2013
It is 100% legal to take loan from relatives. But interest rate 24% is too high. It might be possible that in Income tax the excessive interest part is going to be disallowed.
E-mail: ca.jainam @ gmail.com
Nikhil Kaushik
(Fellow CA)
(84359 Points)
Replied 11 November 2013
it is possible that the AO may view 24% as excessive and therefore make disallowance under Section 40A(2)(a).
B.SEKAR
(manager-accts.)
(61 Points)
Replied 11 November 2013
Dear Manish>>>>>>>>>> Availing loan is good for business. But 24% interest is make IT dept to put their eyes on you. The interest rate should not be more than bank interest rate. If your company is pvt ltd, resolution is to be passed. You can make interest to your relative every month after deducting TDS for the same. That amount is to be remitted in the bank. ok>>>>>>>>>>>>>>>>>>>sekar
Dear All,
Thanks for your suggestions and guidance.
Actually recent past when we had short of CASH in our books, we took money from them and used, now they dont need their money back. 1.75% or 2% PM is no problem for us, in this case we will pay interest as BANK rate to their account and rest interest in CASH. Is it ok ?
How to charge TDS from them ? Total amount was 700000/-
Please advice.
Regards,
Manish
CA CS Jainam Shah
(Practicing Chartered Accountant)
(2492 Points)
Replied 11 November 2013