Legal analysis: if the loan lent by an enterprise to an individual associated with the enterprise has not been returned within the specified time (after the end of the year or more than one year) and has not been used for the production and business activities of the enterprise, it shall be paid according to the corresponding items (interest, dividend and bonus income; Income from the production and operation of individual industrial and commercial households; Income from wages and salaries) to pay personal income tax. Personal borrowing from the company belongs to private lending. As long as the meaning of both parties is true, it can be considered as valid. The Reply of People's Republic of China (PRC) and the Supreme People's Court on How to Confirm the Effectiveness of Lending between Citizens and Enterprises stipulates that lending between citizens and non-financial enterprises (hereinafter referred to as enterprises) belongs to private lending. As long as the meaning of both parties is true, it can be considered as valid. However, in any of the following circumstances, it shall be deemed invalid: 1. Enterprises illegally raise funds from employees in the name of borrowing money; 2. Enterprises illegally raise funds from the society in the name of borrowing; 3. Enterprises issue loans to the public in the name of lending; 4. Other acts in violation of laws and administrative regulations.
Legal basis: Article 680 of the Civil Code of People's Republic of China (PRC) prohibits high-interest lending, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.