Enterprises punish banks and other financial institutions for borrowing, and their reasonable interest expenses can be deducted before tax.
The interest expenses of non-financial enterprises borrowing from non-financial enterprises shall not exceed the amount calculated according to the interest rate of similar loans of financial enterprises in the same period. That is, it is allowed to deduct the interest that does not exceed the standard. The excess cannot be deducted.
Question 2: Why do banks need to make entrusted loans instead of direct loans?
In mortgage loans, banks generally belong to lenders to review lenders, and the risk of entrusted loans is relatively low, which can reduce the bad debt rate.
Question 3: Why does the company entrust loans?
Loan processing flow:
1. The lender needs to fill in a written application form and prepare relevant materials.
2. The bank shall review the application materials of the lender to verify whether the situation is true.
3. After approval, the lender signs a loan contract with the bank.
4. When the bank lends money, the borrower performs the repayment as agreed.
Question 4: The necessity of the existence of entrusted loans
Personally, the most fundamental reason for the existence of entrusted loans is the national interests and the requirements of financial management. Specifically, there are about three reasons. First, most banks are state-owned. If social subjects are allowed to borrow from each other at will, it will inevitably affect the income of banks. Therefore, it is forbidden to borrow directly from each other without going through the bank. To put it bluntly, it is to ask the bank to share a piece of cake; Second, the financial level of some social subjects is relatively poor, and banks can do an audit through banks (although banks are actually a procedure now); Third, through the indirect financial management of the bank and the entrusted loans of the bank, the loan scale of the bank is controlled as a whole, so as to avoid that the scale of private loans is too large to be discovered in time.
Question 5: Do inter-enterprise loans have to be entrusted?
According to Article 61 of the General Rules for Loans, it is clearly stipulated that "an enterprise shall not handle lending or disguised lending financing business in violation of state regulations". Therefore, enterprises are not allowed to borrow, and even "disguised" loan financing is not allowed.
For lenders, direct lending between enterprises has great legal risks. In judicial practice, according to the Supreme People's Congress and "Answers to Several Questions on Trial of Joint Venture Contract Cases", it is generally judged that the loan contract signed between enterprises violates relevant financial laws and regulations and is an invalid contract. Borrowers who use loans will repay the principal, but generally will not support interest.
Flexible solutions for inter-enterprise external lending
I. Entrusted bank loans
According to the Notice of the People's Bank of China on Issues Concerning Entrusted Loan Business of Commercial Banks, enterprises or individuals are allowed to provide funds, and commercial banks will issue loans on their behalf. The loan object, interest rate and purpose are determined by the client, but the commercial bank does not bear the loan risk.
Second, the main dual mode of financial institutions
The issuing borrower does not directly lend the funds to the borrowing enterprise, but deposits the funds into a financial institution to obtain a certificate of deposit, and the borrowing enterprise applies for a loan from the financial institution, and the issuing borrower takes the certificate of deposit as a pledge guarantee. In this way, the guarantor can not charge interest according to the loan relationship, but can charge paid guarantee fees. The guarantee law does not prohibit paid guarantee. The deposit is pledged. First, the security is extremely high. If the borrower can't repay the loan on time, the financial institution can guarantee the safety of its funds through the pledged deposit certificate, and the financial institution is more at ease. Second, banks earn interest and increase profits. So the bank is willing to accept it. However, the disadvantage of this method is that the borrowing cost is high, and the borrowing enterprise needs to pay the loan interest to the bank at the same time, and pay the guarantee fee paid to the borrower. The advantage is that it is very easy to get loans and the procedures are simple. In order to reduce the risk, the guarantor who provides the certificate of deposit pledge can ask the borrower to provide counter-guarantee, which can be mortgage, pledge or third-party guarantee. If the borrower fails to repay the loan, he can also claim compensation from the counter-guarantor.
Third, the replacement of natural persons.
Because the loan between enterprises and citizens belongs to private lending and is protected by law. Therefore, individuals can act as intermediary bridges. Lenders lend money to individuals first, then individuals lend money to enterprises that actually use funds, and third parties provide guarantees for loans. Legally, it is a loan between a natural person and an enterprise, but in fact, it is an act that can flexibly realize enterprise financing.
Fourth, borrow money in the form of empty buying and selling.
In the sales contract, after the "buyer" prepays the payment to the other party, it will recover the "payment" and interest or liquidated damages from the other party after a certain period of time, and both parties have no intention to deliver or receive the "purchased and sold" goods, or the "purchased and sold" goods simply do not exist. It can be seen that the implementation of both parties is actually a kind of lending behavior.
Verb (abbreviation for verb) issues bank acceptance bills.
Directly or indirectly to the borrower, the borrower gets the discounted funds. However, it is forbidden to handle bank acceptance bills without actual commodity transactions in China.
Question 6: Why do bank wealth management products entrust loans through trusts?
Trust loan wealth management products are divided into transfer and loan. Banks pool customers' funds in the form of wealth management products and issue loans to designated objects through trust companies. The transfer product is the transfer of creditor's rights of banks and trust companies; Pure loan products, trust companies provide loans to enterprises, and banks only play an intermediary role, generally providing third-party guarantees to enhance product competitiveness.
Simply put: it is the transfer of responsibility.
Question 7: Do inter-enterprise loans still need bank entrustment?
Inter-enterprise loans do not require bank entrustment.
It is good for both parties to make a private agreement.
Question 8: Why should the housing provident fund loan be entrusted to the bank?
The housing provident fund management center is not a financial institution, so it cannot directly issue loans, and the loans must be handled by the entrusted banks. The entrusted bank shall, after receiving the procedures for issuing loans from the housing provident fund management center, issue loans in a timely manner in accordance with the provisions.
Question 9: Do I need to report to a financial institution for handling entrusted loans in different places?
Need to report.
1. According to the regulations of the People's Bank of China, the premise for banks (departments) to start entrusted loan business is to apply to the head office for business qualification and get approval. If banks (departments) intend to start entrusted loan business, please formulate detailed rules for entrusted loan management in accordance with the requirements of the Interim Provisions and report them to the Risk Management Department of the Head Office for review. Detailed rules include but are not limited to:
(a) the bank (department) entrusted loan business operation and approval procedures;
(2) Functions, responsibilities and personnel composition of the special post responsible for risk review and management;
(3) Under what circumstances, decisions are made according to the due diligence and risk review mechanism;
(four) the functions and powers of the relevant personnel of the bank (department) and the corresponding responsibilities;
(five) the bank (department) entrusted loan fees.
Two. When handling and managing entrusted loan business, the corporate banking department and business department of the Head Office have the same responsibilities and positioning as the branches under their jurisdiction, and their management requirements shall be implemented according to the branches under their jurisdiction.
Three, institutions (departments) approved to obtain the qualification of entrusted loan business, but also in the local branches of the people's Bank for the record.
4. Branches (departments) that have been approved by the Head Office to handle entrusted loan business before the promulgation of the Interim Provisions should still modify and improve their entrusted loan management system according to the requirements of the Interim Provisions and report to the Risk Management Department of the Head Office.
Five, the "Interim Provisions" does not apply to the housing provident fund entrusted loans. Banks handle housing provident fund entrusted loans in accordance with other relevant provisions of the People's Bank of China and the Head Office.
The head office of intransitive verbs will then release the model text of entrusted loan contract.
Question 10: Why do companies make entrusted loans and why don't they borrow directly from each other?
Enterprises punish banks and other financial institutions for borrowing, and their reasonable interest expenses can be deducted before tax.
The interest expenses of non-financial enterprises borrowing from non-financial enterprises shall not exceed the amount calculated according to the interest rate of similar loans of financial enterprises in the same period. That is, it is allowed to deduct the interest that does not exceed the standard. The excess cannot be deducted.
Two, what is the bank's "domestic insurance and foreign loans", why does the central bank require banks to suspend acceptance?
The business is divided into two parts: one is "internal insurance" and the other is "external loan". "Internal insurance" means that domestic enterprises apply to the domestic branch of Bank of Communications for issuing a letter of guarantee, and the domestic branch of Bank of Communications issues a financing letter of guarantee to the offshore center; "Foreign loan" means that the offshore center issues loans to overseas enterprises according to the letter of guarantee received.
Third, why did the bank's entrusted loan stop?
Foreign banks can invest in no less than 20,000 kinds of wealth management products, while Chinese banks lack 100 kinds. "It is estimated that the central bank will consider that this kind of loan is suspected of raising funds by enterprises. Once there is a risk, it will cause social problems, so it will stop first and then standardize."
Experts said, "Merchants are expected to lift the ban soon after formulating corresponding supporting measures."
4. Why do private equity funds choose the entrusted loan model?
In the supervision of securities and equity private equity funds, it has been noticed that there has been a blank debt-based private equity, which is also receiving attention. 165438+1October 4th, it was reported in the market that the regulatory authorities proposed the non-standard creditor's rights investment business in the regulatory document of private equity fund to be revised, with the intention of separating the non-standard creditor's rights, loans and other businesses from private equity.
1 1.4. Privatization of creditor's rights, granting entrusted loans or providing guarantees, engaging in unlimited liability investment and other activities may be considered by the regulatory authorities as prohibited matters in the new framework of private placement supervision.
"This rumor has a great impact on private debt institutions, because a large number of private debt institutions are mainly engaged in non-standardized debt financing and entrustment. Regardless of whether the rumors are true or not, the general direction of supervision in recent years is indeed true, because this kind of business can be regarded as a kind of shadow banking, and there are problems such as irregular operation, regulatory arbitrage and insufficient capital constraints, which are easy to form systemic financial risks. " The head of the marketing department of a private equity institution in Shanghai said frankly.
In fact, the so-called non-standardized creditor's rights assets refer to creditor's rights assets that are not traded in the inter-bank market or the stock exchange market, including credit assets, letters of credit, accounts receivable, and various types of equity financing. Instead of the standard model, it is the bank-trust-bank-securities-bank-insurance cooperation model and the asset income right model.
It is worth mentioning that in the fourth paragraph of Article 11 of the Administrative Measures for Entrusted Loans of Commercial Banks (Draft for Comment) issued by CBRC in June 2065438+2005, private equity funds are also prohibited from entrusted loans. If the exposure draft comes into effect, the road for debt-based private equity funds to issue entrusted loans will be blocked. It can be seen that the regulatory authorities have long made up their minds to suspend it.
The purpose of CMB Wanda's creditor's rights business is not to kill private creditor's rights institutions with a single blow. In fact, it is hoped that this unreasonable high-risk business will be stripped out and most private equity institutions will focus their business direction and energy on venture capital. At present, the investment target of large-scale business is not clear, and some private equity institutions have investment targets. Most of them provide loan financing to some small and medium-sized enterprises. Compared with the bank's evaluation of credit risk of SMEs, the threshold of private placement is lower, which also magnifies the potential risks. Stopping private lending business is also hoping to force enterprises to do financing business by improving their technical strength and innovation ability.
It should be pointed out that in recent years, debt-based private equity institutions are also the "hardest hit" for problem private equity. More than 70% of the abnormal private placement and lost private placement institutions announced by the fund industry association belong to the managers of debt-based private placement products, and most of them are engaged in lending business.
Lei Lei, a financial researcher at Geshang, said that if the regulatory authorities explicitly restrict private equity managers from investing in non-standard creditor's rights, private equity managers whose main business is to invest in non-standard creditor's rights and issue entrusted loans will face the problem of survival or transformation. For investors, although the income of non-standard creditor's rights is higher than that of ordinary creditor's rights, it also means greater risks. At present, most of these products are structural products. As inferior investors, once the project has a redemption crisis, investors will face huge losses. If this investment method is prohibited, the interests of investors can be guaranteed to a certain extent and the occurrence of risk events can be reduced.
Gu Xiaoming also said that once the non-standard debt private placement business is stopped, a large number of debt private placement institutions will also face transformational pressure in a short time. Regarding the direction of transformation, Gu Xiaoming believes that the current hot PPP debt financing project in the market or a major destination for future transformation will force private equity institutions to support the development of high-tech enterprises and innovative enterprises.