If you have taken out any loan, financing or carried out any operation of this type during the year past, it is necessary to declare this debt in the 2022 Income Tax, if your debt exceeds the amount of R$ 5 thousand. This applies to credit taken from financial institutions and also from individuals.
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It is normal for people to resort to loans from relatives and not make the declaration in the IR. However, this can end up causing problems, as the Revenue may infer that those amounts were income received and not declared.
Another risk is to allow the Federal Revenue to characterize the operation as a donation, which would trigger another tax, the ITCMD, a state tax.
Aiming at declaring loans contracted with financial institutions or individuals, go to the “Real Debts and Encumbrances” window and select the corresponding code: 11 for banks, 12 for credit, finance and investment companies, or 14 if your debt is with a person physical.
In the “Discrimination” area, enter information about the debt, date of operation, name and CPF or CNPJ of the person who made the loan.
The outstanding balance at the end of 2020 must be completed at the end of 2021, in the fields “Situation on 12/31/2019” and “Situation on 12/31/2020”, respectively. As the debt is being paid, the declared debt balances will gradually decrease. Enter the amount you paid in the period of the year in the specific field for this information, "Amount Paid in 2021".
A relevant point is not to include financing that has assets as collateral, in the case of financing real estate and vehicles, for example. The control of the financing payment, in these cases, must be done in the Assets and Rights form, in way that demonstrates that the property is paid over time, with the increase in the acquisition value of the good.
A mistake that usually happens is related to the statement of loans and financing, which is the omission of overdraft credit. Those who close the year with a negative balance of more than R$5,000 must declare this debt to the Revenue in the 2022 IR.
For the creditor, the loan will appear as a credit receivable, and for the debtor, the operation will be shown as a debt and must be informed in the Assets and Rights form.
Therefore, choose group “05 — Credits” and code 01, for loans granted. In the 'item' opened in the Assets and Law form, the creditor must inform its situation at the end of 2020 and 2021.
In specific cases, relatives lend money to each other without charging interest. But, if the loan contains interest, it is relevant that these are declared by the creditor in the credit card. “Taxable Income Received from Individuals/Abroad”, more specifically in the field “Alimony and others".
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