Need legal advice
This query is : Resolved
11 May 2012
I m lending money to my friend for stock trading.
In return i want 50% share in profit earned as interest on amount i have provided.
he is ready for this and for legal documentations.
Can sm1 tell is there any legal complication in this.
Please advice.
In return i want 50% share in profit earned as interest on amount i have provided.
he is ready for this and for legal documentations.
Can sm1 tell is there any legal complication in this.
Please advice.
12 May 2012
There is no legal complications in this. Just what you need to do is that make the agreement with proper clauses inserted with respect to your arrangements.
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12 May 2012
Agree with then above..
Simply execution of agreement will suffice the purpose.
Simply execution of agreement will suffice the purpose.
12 May 2012
Now,
1. If i do same with multiple person. Will that be ok?
2. if i open a financial company for doing this same . Will that be ok ?
Please clarify?
1. If i do same with multiple person. Will that be ok?
2. if i open a financial company for doing this same . Will that be ok ?
Please clarify?
12 May 2012
You can open finance company unless you have got necessary licenses. If you want to open a finance company, the you need to get registered as NBFC. You can do this arrangement with multiple persons. But if you go for a financing company, then it will be complicated.
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12 May 2012
thanks for quick response
One more query :
i go for above wid multiple persons.
How will be tax structure.
Do they need to pay tax on whole amount as whole trading is been done on thier pan cards but they have put up 50% to me.
One more query :
i go for above wid multiple persons.
How will be tax structure.
Do they need to pay tax on whole amount as whole trading is been done on thier pan cards but they have put up 50% to me.
12 May 2012
They have to pay tax on whole amount and you have to pay tax on what you receive. For them it will be Short Term / Long Term Capital gain, but for you it will be income from other sources.
12 May 2012
But how is it justified?
suppose total profit is 50000.
I took 25000 and he took 25000
i got taxed for 25000
but he got taxed for 50000.
is there any change taxaton structure for both cases?
Please clarify.
suppose total profit is 50000.
I took 25000 and he took 25000
i got taxed for 25000
but he got taxed for 50000.
is there any change taxaton structure for both cases?
Please clarify.
03 August 2024
Lending money to a friend for stock trading with the expectation of receiving a share of the profits is a complex arrangement that involves legal, financial, and tax considerations. Here’s a breakdown to address your concerns:
### 1. **Legal Considerations**
#### **Lending Money with Profit Sharing:**
- **Agreement:** Draft a detailed agreement outlining the terms of the loan, including the amount lent, profit-sharing percentage, and how profits will be calculated and distributed. Both parties should sign this agreement.
- **Documentation:** Ensure that the agreement is clear about how profits are defined, the timing of profit sharing, and any other relevant terms.
- **Legality:** In India, such profit-sharing arrangements can be considered a form of partnership or joint venture. Ensure compliance with legal requirements and consider seeking legal advice to draft the agreement correctly.
#### **Multiple Lenders:**
- **Transparency:** If you lend money to multiple people, ensure that each arrangement is documented separately and clearly.
- **Legal and Financial Risks:** Each agreement should be handled with care to avoid disputes and ensure clarity on profit-sharing and liabilities.
#### **Opening a Financial Company:**
- **Regulation:** Setting up a financial company for lending and profit-sharing would require regulatory approval and adherence to financial regulations, such as those set by the Reserve Bank of India (RBI) or the Securities and Exchange Board of India (SEBI).
- **Licensing:** You would need to comply with legal requirements for financial companies, including obtaining necessary licenses and adhering to regulations regarding lending and financial operations.
### 2. **Taxation Considerations**
#### **Tax Implications for the Parties:**
- **Profit Share:** If you are receiving a share of the profit (e.g., 50% of the profit earned by your friend), you are taxed on your share of the profit. Your friend will be taxed on the total profit earned from trading.
- **Example:**
- If the total profit is ₹50,000 and you receive ₹25,000 (50% of the profit), you are taxed on ₹25,000.
- Your friend, who earned ₹50,000 in profit, will be taxed on the full ₹50,000.
#### **Taxation Structure:**
- **Your Taxation:** You are taxed on the ₹25,000 you receive, which is considered as income from investments or a share of profit.
- **Friend's Taxation:** Your friend will be taxed on the ₹50,000 as income from trading.
### 3. **Taxation of a Financial Company:**
- **Corporate Taxation:** If you open a financial company, the company will be taxed as per the corporate tax rates applicable to financial institutions.
- **Profit Sharing:** The company’s profit-sharing arrangements with individuals will need to be managed according to corporate policies and regulatory requirements.
### Summary:
1. **Legal Framework:**
- Create a clear and legally binding agreement for lending and profit-sharing.
- Seek legal advice to draft and review the agreement.
- Consider the implications of multiple agreements and regulatory requirements if opening a financial company.
2. **Taxation:**
- You are taxed on your share of the profit.
- Your friend is taxed on the total profit.
- If running a financial company, ensure compliance with corporate tax laws and regulations.
It’s crucial to consult with a legal and financial advisor to ensure that all aspects of your arrangement are legally sound and tax-efficient.
### 1. **Legal Considerations**
#### **Lending Money with Profit Sharing:**
- **Agreement:** Draft a detailed agreement outlining the terms of the loan, including the amount lent, profit-sharing percentage, and how profits will be calculated and distributed. Both parties should sign this agreement.
- **Documentation:** Ensure that the agreement is clear about how profits are defined, the timing of profit sharing, and any other relevant terms.
- **Legality:** In India, such profit-sharing arrangements can be considered a form of partnership or joint venture. Ensure compliance with legal requirements and consider seeking legal advice to draft the agreement correctly.
#### **Multiple Lenders:**
- **Transparency:** If you lend money to multiple people, ensure that each arrangement is documented separately and clearly.
- **Legal and Financial Risks:** Each agreement should be handled with care to avoid disputes and ensure clarity on profit-sharing and liabilities.
#### **Opening a Financial Company:**
- **Regulation:** Setting up a financial company for lending and profit-sharing would require regulatory approval and adherence to financial regulations, such as those set by the Reserve Bank of India (RBI) or the Securities and Exchange Board of India (SEBI).
- **Licensing:** You would need to comply with legal requirements for financial companies, including obtaining necessary licenses and adhering to regulations regarding lending and financial operations.
### 2. **Taxation Considerations**
#### **Tax Implications for the Parties:**
- **Profit Share:** If you are receiving a share of the profit (e.g., 50% of the profit earned by your friend), you are taxed on your share of the profit. Your friend will be taxed on the total profit earned from trading.
- **Example:**
- If the total profit is ₹50,000 and you receive ₹25,000 (50% of the profit), you are taxed on ₹25,000.
- Your friend, who earned ₹50,000 in profit, will be taxed on the full ₹50,000.
#### **Taxation Structure:**
- **Your Taxation:** You are taxed on the ₹25,000 you receive, which is considered as income from investments or a share of profit.
- **Friend's Taxation:** Your friend will be taxed on the ₹50,000 as income from trading.
### 3. **Taxation of a Financial Company:**
- **Corporate Taxation:** If you open a financial company, the company will be taxed as per the corporate tax rates applicable to financial institutions.
- **Profit Sharing:** The company’s profit-sharing arrangements with individuals will need to be managed according to corporate policies and regulatory requirements.
### Summary:
1. **Legal Framework:**
- Create a clear and legally binding agreement for lending and profit-sharing.
- Seek legal advice to draft and review the agreement.
- Consider the implications of multiple agreements and regulatory requirements if opening a financial company.
2. **Taxation:**
- You are taxed on your share of the profit.
- Your friend is taxed on the total profit.
- If running a financial company, ensure compliance with corporate tax laws and regulations.
It’s crucial to consult with a legal and financial advisor to ensure that all aspects of your arrangement are legally sound and tax-efficient.
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