Donation or non-interest bearing loan: characteristics and differences
What is called an interest-free loan, in practice is a form of “help” widely used among friends, relatives and partners (in the case of the srl, however, there are exceptions). In fact, when you “lend” a sum to a person, who will have to repay only the amount lent without the addition of interest (see also ” Loan at zero interest” ), there is always a non-interest bearing loan which would not in itself require any particular formalities, but which should not be carried out in an “occult” way to avoid having problems with the tax authorities (see also Tax Collection Folder ).
Interest-free loan or gift?
In practice the two hypotheses are not actually alternatives in opposition to each other, and could not even be put on the same level. The non-interest bearing loan is in fact a form of private financing that does not lead to a remuneration (and practically no economic advantage on the part of the lender), instead the donation leads to the specific discipline and constitutes a regalia, therefore no restitution is provided.
In both cases, even if the law does not require it, it is good to keep track of them through a private writing and the use of traceable forms for the payment of any installments of amounts returned. These formalities are in fact used to be able to give explanations to the Revenue Agency should they take in-depth checks.
But beware: private writing must be certain or, alternatively, it can be secured by registering the non-interest-bearing loan contract with the Agency. Obviously, as there is no “profit”, due to the absence of interest, there will be no taxation. In the case of donation, it may also be useful to consult with a notary, given instead the implications that may exist in the event of the death of the donor.
Funding between “members”
Here the material becomes a little more complex. In fact, especially when it comes to companies that have continuous or systematic economic losses, the non-interest-bearing loan between shareholders becomes particularly suspicious, given the situation of bad debts.
In these cases the demonstration of the existence of the “economic” reason according to which the loan is anyway granted is also required. If this does not happen then, according to a sentence of the Cassation of 2014, one can infer an ” elusive ” type of behavior.