That credit gap would be considered reasonable if the solvency of the Dutch subsidiary BB were reasonable. The parent company`s rating was A, which indicates that the Netherlands tax authorities could have challenged that intra-group interest rate if an implicit supporting argument suggested a higher credit rating than BB for the borrowing subsidiary. Dear Silvia, I have a question about employee home loans. You get a low interest rate from the market and there are former employees who still repay the loan on the same terms as when they were employed. How should we properly account for these loans? Thank you in advance. Here are discussions that cover everything you`ve ever wanted to know about intercompany lending. The petitions mention two other groups of intra-group loans that are not included in Table 2. One of them was a sequence of 13-year term loans with a fixed interest rate of 7.08%. In August 1998, the average interest rate on 10-year government bonds was 5.36 per cent. The implicit credit spread was thus close to 1.7%. On 18 August 1999, intra-group loans were issued when the interest rate was based on 12-month LIBOR plus a margin of 1.25%. At the time, the 12-month LIBOR rate was 6.03%, while the interest rate on one-year government bonds was 5.19%. As a result, the intercompany interest rate stood at 7.28%, 2.09% higher than the interest rate on one-year government bonds.
The first three elements allow the analyst to determine the market interest rate of the corresponding government bond. That intra-group interest rate minus the market interest rate of the government bond concerned may be considered as the credit spread implied by the intra-group credit agreement. This time, however, it is the capital contribution of a parent company to the subsidiary, as an interest-free loan would never take place without the relationship between a related party. Excellent article Silvia. I have a question about issue number 4..We granted the subsidiary a zero coupon loan, but at an interset interest rate of 15% per year, quarterly without a repayment plan. If I expect the loan to be repaid over a longer period of time, how do I calculate fair value? take charge of the loan amount of 100 and the accrued interest on 16.merci. Dear Silvia. Thank you for this article. Please clarify one thing, if the financial liability becomes repayable on demand and I therefore agree that it should be classified as short-term, why should it not first be recognised at FV and then amortized, as indicated to us by IFRS 9 (formerly IAS 39)? Should we only amortize long-term loans? These are always financial liabilities that include a contractual payment obligation. What is going on? Hi Silvia, thank you very much for your articles, they are my helper.
Can you tell me which sections of IFRS I can refer to to treat loans as an investment? Thank you in advance whether these intercompany interest rates and implicit credit spreads are appropriate depends on the level of the appropriate credit rating of the rated borrowers. Table 3 provides important information on Tyco International`s issuance of corporate bonds in 2015. These third-party interest rates involve credit spreads similar to those implied by the 1999 intra-group loans. For tax purposes, you need to calculate the interest, otherwise it should be classified as an investment and the corresponding equity inflows recorded. I would also make sure that this agreement is « paper » and I would make sure that you charge the appropriate market interest rate. This can be your cost of capital. Some considerations include the possibility of transferring money outside the country without taxation. Dear Silvia, in the article you pointed out that « if the loan is granted in the opposite direction (from the subsidiary to the parent company), the component « below the market price » is recognized by analogy as a distribution by the subsidiary » Should we in this case deduct the difference of CU 13,616 on the result as interest expenses in the books of the subsidiary? If an entity has granted an interest-free loan to a related party, but the loan is repayable within 12 months (i.e., it is a short-term loan, but is not payable on demand). Would this mean that the loan would be in Phase 2 or Phase 3 (i.e., a lifetime ECL would have to be provided)? And if the loan has not been paid by the due date (maturity), should the company provide the total balance of the loan in the form of an ECL? Excellent article. I have a question about the accounting treatment of interest charges set out in the books of the subsidiary where the parent company has granted the subsidiary a loan for the construction of fixed assets at the subsidiary level.
Can settlement interest charges be capitalized during the construction period, since there is no real interest in this transaction? Hello Silvia, I have a question about a loan taken out by a joint venture with its shareholder to repay it after 10 years. The applicable interest rate was 5% on the day of the benefit or agreement and the interest rate was 4.5% on the day of the loan. I have the following doubts, which I must clarify on your part. 1. What is the interest rate for amortization over a 10-year period? 2. Is there a deferred tax applicability that can be reported in the financial statements? If so, how to consider it. One thing I didn`t see in this thread is that you may have entered the very happy structure of equity lending (and therefore you should document it properly). I believe this is allowed in the listed jurisdictions and does not cause problems for the IRS.
A participating loan is essentially an APIC of a particular type. It can be repatriated without a dividend trigger (i.e. without reppat taxes). He doesn`t have to be interested. It is simply an increase in the APIC that can be withdrawn at any time. It behaves like debt, but with the effect of increasing equity, it`s not a liability, so if the company goes bankrupt, you`re at the bottom of the pile and can`t remember the funds the way you might claim debt. Check with your tax advisor about this, but it can be an easy problem for you. Otherwise, as above, yes. Short-term ( In the case of an interest-free loan from a holding company to a subsidiary, the fair value of the loan would be recorded in the subsidiary`s books. Therefore, two parts (1) the fair value of the loan and (2) the capital contribution of the parent company. Can you tell me whether this capital contribution remains permanently in the subsidiary`s portfolio, even if the subsidiary repays this loan in full to the holding company? Or the subsidiary can transfer this capital contribution to the withholding tax when this loan is paid in full to the holding company. Dear Silvia – This article has been excellent and extremely helpful in trying to understand a dilemma we face due to the continued convergence of IFRS.
In our case, an interest-free loan was granted by one majority shareholder (65%) to a subsidiary, while the other shareholder (35%) did not grant loans to the subsidiary. I understand that this is a transaction between a parent company and a subsidiary (in the same jurisdiction), but the essence is certainly not capitalistic in nature and is a loan payable in the future. Although these intra-group financing instruments have been treated as debt for US purposes, they have been treated as equity contributions under UK tax law. The IRS objected to this hybrid financing agreement and requested, under Section 385, that this financing be treated as equity for U.S. tax purposes. The IRS lost that case. Mark, it`s hard for me to believe that audit and tax issues have not been raised for you. 1) Auditors always wonder whether or not interest should be credited on all loans unless the activity is so temporary (i.e. short-term due to offsetting) compared to actual loans that still require general repayment terms. (Maybe yours give up their problems because of their insignificance or otherwise, 2) The tax advisors you use don`t specify a requirement to formalize loans, setting standard terms and conditions that would require interest, as Allan and Zach have already commented. .