Forbidden to return the capital contribution
According to the previous company law, the company was strictly forbidden to return the capital contribution to the shareholders in the form of a loan. Tax debt interest-free shareholder loan – Loan, company, which are paid without interest to the company, are to be discounted with 5.5 per cent, if the loan maturity is one year or more. In this case, the loans are to be discounted to the company. For example, on 5 November 2014, the managing director of the limited liability company will give him a non-interest-bearing loan of 100.
The difference is a surplus, which the company did not really do, but which occurs in the balance sheet. In 2015, the deviation in the consolidated balance sheet will be balanced out again. Nevertheless, tax levies are initially levied on interest income that did not actually materialize and could not be generated in the current low-interest rate level.
In many cases, the company shareholders make the mistake and give the company a loan without a fixed contract period. Such loans usually occur unconsciously, for example, if the company are only provided funds. The Federal Finance Office (BFH) has decided that shareholder loans issued for an indefinite term are to be discounted. However, the interest-free loan can not be discounted in the balance of goods.
An interest-free loan thus leads to additional expenses in accounting.
It is to be avoided to grant the LLC non-interest-bearing loans.
Now new: Original capital contribution as a loan to the shareholder is fine.
It was strictly forbidden under the predecessor right of the company that the company grants the partners the original capital contribution as loan back again. Such a thing violated the so-called capital maintenance obligations and resulted in the supplement being deemed unfit. The shareholder therefore had to pay twice in case of bankruptcy: as soon as his loan has been repaid and on the other side the stake pays back.
The new company legislation (MoMiG) now allows this organization: The company can grant the partner immediately the original capital contribution as a loan, if this was so decided before the supplement. Condition: The company must have a full repayment obligation. Therefore, the shareholder must be solvent and not broken. It is an immediate âgeheilâ.
So if the shareholder claim here is of value, there can be no further difficulties here.