loan repayment to director given 2 pvt co

Pvt ltd 4040 views 10 replies

if a director gives loan to his own pvt co of1lac every month,hw is this amt 2 b paid back 2 d director by d co?and is tds to b deducted?if yes then at what rate?if yes then on what amt?hw 2 calculate it?

 

eg,i hav transferred 5lac 2 mi pvt ltd co since july,and  the co hav returned 30000/- to the director till date,but hav not deducted any tds til date..will d co hav 2 file quaterly tds return?

 

what are the implications and what to do now?

ok i understand no tds on the principat amount,but i hav 2 deduct tds on the interest amount rite?

if yes,then at what rate will the interest b charged and is charging of interest mandatory?

also i hear that transfering of director personal funds to the pvt co is not allowed?is it true?

how to refund the money to the director?

Replies (10)
no TDS is applicable sir

No TDS is required to be deducted on the principal repayment.  However TDS is applicable on interest  paid, if any, subject to the limits specified in IT Act.

Originally posted by : Jayashree S Iyer

No TDS is required to be deducted on the principal repayment.  However TDS is applicable on interest  paid, if any, subject to the limits specified in IT Act.

ok i understand no tds on the principat amount,but i hav 2 deduct tds on the interest amount rite?

if yes,then at what rate will the interest b charged and is charging of interest mandatory?

also i hear that transfering of director personal funds to the pvt co is not allowed?is it true?

how to refund the money to the director?

Dear Lexbery

you have no rights to deduct TDS.

 

TDS is deducted by the payer. just like company will pay you int then it will deduct TDS from interest amount.

 

 

Regards

Originally posted by : Nitin Grover

Dear Lexbery

you have no rights to deduct TDS.

 

TDS is deducted by the payer. just like company will pay you int then it will deduct TDS from interest amount.

 

 

Regards

sir,
this is my last question on this matter.as u said the co wil pay interest after deducting tds on the interest,rite?i want to knw the rate of interest which the co wil pay on the unsecured loan?

Originally posted by : lexbery

My replies are marked in yellow.

Originally posted by : Jayashree S Iyer


No TDS is required to be deducted on the principal repayment.  However TDS is applicable on interest  paid, if any, subject to the limits specified in IT Act.


ok i understand no tds on the principat amount,but i hav 2 deduct tds on the interest amount rite?
 

Yes TDS is to be deducted on interest payment.  TDS rate I am not sure, I think it's 10%.


if yes,then at what rate will the interest b charged and is charging of interest mandatory?
 

Interest Rate will  be as mutually agreed between the Company and the Director.  Though the Act does not specify any limit, it must be reasonable taking into account the prevailing market rate. However it is not mandatory to charge interest.


also i hear that transfering of director personal funds to the pvt co is not allowed?is it true?

Loan  from  director or his relative or a member falls under the exclusion of the term  "Deposits" and hence loans  can be accepted from such persons.  However unsecured loan from other public will be treated  as "Deposits" which would attract Section 58A of the Companies Act.

how to refund the money to the director?

You can repay the loan anytime.

Originally posted by : Jayashree S Iyer




Originally posted by : lexbery




My replies are marked in yellow.

Originally posted by : Jayashree S Iyer


No TDS is required to be deducted on the principal repayment.  However TDS is applicable on interest  paid, if any, subject to the limits specified in IT Act.


ok i understand no tds on the principat amount,but i hav 2 deduct tds on the interest amount rite?
 
Yes TDS is to be deducted on interest payment.  TDS rate I am not sure, I think it's 10%.

if yes,then at what rate will the interest b charged and is charging of interest mandatory?
 
Interest Rate will  be as mutually agreed between the Company and the Director.  Though the Act does not specify any limit, it must be reasonable taking into account the prevailing market rate. However it is not mandatory to charge interest.

also i hear that transfering of director personal funds to the pvt co is not allowed?is it true?
Loan  from  director or his relative or a member falls under the exclusion of the term  "Deposits" and hence loans  can be accepted from such persons.  However unsecured loan from other public will be treated  as "Deposits" which would attract Section 58A of the Companies Act.

how to refund the money to the director?
You can repay the loan anytime.


ok as i understand,if i dont charge interest i wount be penalised by law.

i hav a situation,plz read and reply the question

imagine the direcor takes a loan from outsider in his personal name as a individual of rs 10lac,now he transfer the same to his pvt co.

is this allowed?will this be also treated as directorss loan to the co?

and is it illegal on part of the individual who as taken the loan??
 

No.  This will not be considered a loan from Director but a Deposit.

 

As per Companies Acceptance of Deposit Rules, 1975, any amount received by a company from the member or director or relative of a director  would fall under the exclusion of the term "Deposit".  However proviso to this exclusion clearly states that such amount should not be acquired by him by way of borrowing or accepting from others. (Clause 2 (ix) )

 

Hence if the money is lent by the director out of his borrowings from others it will be considered "Deposit" attracting Section 58A of Companies Act, 1956.

Agree with Jayashree

Originally posted by : Jayashree S Iyer

No.  This will not be considered a loan from Director but a Deposit.

 

As per Companies Acceptance of Deposit Rules, 1975, any amount received by a company from the member or director or relative of a director  would fall under the exclusion of the term "Deposit".  However proviso to this exclusion clearly states that such amount should not be acquired by him by way of borrowing or accepting from others. (Clause 2 (ix) )

 

Hence if the money is lent by the director out of his borrowings from others it will be considered "Deposit" attracting Section 58A of Companies Act, 1956.

but i hav shares in my own individual name,and have pleged them to bank,and the bank has given me a OD limit of 20lac.how can it be called borreings from others?


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