Replenishing the current account with the founder's personal money often becomes the best way to cover the working capital deficit. There are several options for registration of such a contribution: an increase in the authorized capital, a loan or gratuitous assistance.
It is necessary
- - the decision of the general meeting of founders (sole founder, shareholders) to increase the authorized capital and an extract from the Unified State Register of Legal Entities on registration of this change (for its registration: an application in the established form, a payment order with a bank mark on payment of the state duty, a visit to the tax office);
- or
- - an interest-free loan agreement between the founder and the company;
- or
- - an agreement on gratuitous financial assistance between the founder and the company.
Instructions
Step 1
An increase in the authorized capital is the most cumbersome way of registration. First, you need to draw up a decision on this of the general meeting of participants or shareholders or a sole decision, if there is only one founder, then make the appropriate changes to the Unified State Register of Legal Entities, that is, apply to the tax office with a completed application of the established form and pay the state duty. In addition to bureaucratic red tape, the method is fraught with difficulty with the return of funds. To do this, you will either have to reduce the authorized capital (with accompanying bureaucracy), or remove the founder from the list of participants.
Step 2
If the founder plans to return his money as soon as possible, the easiest option for making a contribution is to conclude an interest-free loan agreement between him and the company. Since the funds are borrowed, they do not need to pay tax. The founder himself does not have to pay taxes on the returned funds: after all, he only gets his money back. And since the loan is interest-free, there is no question of income.
The sole founder can also lend to his own company. This situation will not be absurd, even if he himself is also the director of the enterprise. In this case, the contract is signed by one person on both sides, but he acts in different qualities, so there is nothing to complain about.
Step 3
In a situation where the founder does not plan to withdraw the money contributed to the company from circulation, he can arrange his contribution as gratuitous assistance. This procedure is formalized by an agreement that has different names: a financing agreement, a decision or agreement on financial assistance to the founder, an agreement on the provision of financial assistance, etc. This option is good if the share of the founder in the authorized capital of the company exceeds 50 percent. If less, the company will have to pay tax on these funds. Therefore, in this case, a gratuitous loan agreement is preferable.
