1/300 refinancing rate. Where and how to apply

Contractual relations between counterparties include the condition for compensation of forfeit and fines using the requirements of Article 395 of the Civil Code of the Russian Federation. When a person sees the word “penalty” in a communal receipt or in the text of a loan agreement, he has a desire to figure out if this is a lot - 1/300 of the refinancing rate.

Deciphering the term

The Central Bank of the Russian Federation regulates the macroeconomic balance in the Russian Federation.

The Central Bank acts on the dialectic formula for exchanging money for goods and vice versa based on a system of rules, including credit rules. There should be a measure in everything - both in lending and in consumption. Therefore, the Central Bank of the Russian Federation lends to other KFU at a fixed percentage. And he accepts funds from banks on deposit also under the statutory amount of remuneration.

The calculation of interest is based on inflation parameters. The value shows the value of money in the country.

The refinancing rate is the minimum percentage at which the CBR grants loans to other banks. The same parameter is the maximum size by which available funds of banks are placed.

For example, if Sberbank in the first quarter of 2018 requests a loan from the Central Bank of the Russian Federation, it will receive a loan at 7.75%. And will offer its own customers at an attractive 19.9%. It doesn’t matter for what reasons the client will overdue the loan payment. Sberbank will impose a penalty in the amount of 1/300 of the refinancing rate.

Units

To measure the parameter of payment for lending to the periphery, the center introduced the term “base point”. Its size is determined by the accuracy of the key rate. The CBR dictates an indicator with two decimal places. The item you are looking for is 0.01. Readers, studying the December resolution of the Central Bank at a key rate, met the phrase "reduce by 50 basis points." Until December 18, the country applied the value of 8.25%. That is, the new regulator of credit relations was calculated as follows:

8.25% - 50 x 0.01% = 7.75%.

Where is the indicator applied

Legislative reports of the Russian Federation use the term “refinancing rate”. But gradually in the texts, for example, in Art. 395 of the Civil Code introduces a new term: “key rate”. Both parameters are equalized as applied to the calculation of the penalty.

In civil law relations, the percentage parameter is used to regulate the state of financial settlements:

1. For late payment, for example, of utility bills, a fine of 1/300 of the refinancing rate.
2. Sanctions for late tax transfer.
3. Forfeit under a loan agreement, unless otherwise specified in the text of the agreement.
4. Penalty for violation of the terms of the contract between business entities, if the parties did not agree upon conclusion of other parameters.

The first four points accept the calculation at 1/300 of the refinancing rate for each day of delay.

1. Collection for delayed wages. According to the Labor Code, article 236, a negligent employer is required to pay the employee a penalty at the rate of 1/150.
2. Taxable base on income from a deposit. Here, the central lending parameter and the deposit rate for the deposit are taken into account. For ruble deposits, income tax is charged on the difference between the deposit interest and the amount of the key rate increased by 5 points. On the foreign currency deposit add nine. For example, the ruble deposit income amounted to 12%. The valid non-taxable value is 7.75 + 5 = 12.75. There are no grounds to charge tax on deposit income. But if the income exceeds the percentage calculated above, then a tax of 13% will be calculated from the difference.

Calculation Formulas

The mathematical expression for calculating the penalty is as follows:

P = P / 300 x D / 100 x C,

Where:

P - the amount of recovery in rubles;

R / 300 - one three hundredth rate, which is adopted on the basis of a decree of the Central Bank of the Russian Federation.

D - amount of overdue payment in rubles;

C - the number of days of delay in payment (calculated from the day following the date of payment).

In simple words, it is necessary to divide the current key parameter P into three hundred. Get a percentage for one day of delay. Multiply the value obtained by the amount of debt D and divide by 100. This results in the amount in rubles payable for one day of delay. It remains to multiply the result by C - the delay period in days. The sanction for presentation is ready.

Example 1. Company A is obliged to pay companies in the amount of 200 thousand rubles. The payment deadline is December 15th. Payment made on January 10th. The default period starts on December 16th. Total 16 + 10 = 26 days of delay. Then the penalty 1/300 of the refinancing rate is calculated as follows:

P = 7.75 / 300 x 200 000/100 x 26 = 1343 rubles 33 kopecks.

Example 2. Citizen A is required to pay the rent for November to the Unified Settlement Center until December 25. Expected payment of 8 thousand rubles. But the New Year holidays crippled the personal budget. A citizen reported funds only on January 18. For 24 days delinquencies accrued interest at a rate of:

P = 7.75 / 300 x 8000/100 x 24 = 49 rubles 60 kopecks.

This amount will be reflected in the January receipt.

Appetite statistics

Central Bank requests periodically change. Information on the site of the main financial regulator has been available since 2013.

The indicators for 2017 were:

Example. The man received a loan with a planned final payment in the amount of 12 thousand rubles on November 16, 2017. But in the fall, he could not cope with the debt burden and paid the amount only on January 10, 2018. The calculation of the penalty looks like this:

Debt period No. 1 from November 17 to December 17 is 31 days. The refinancing rate in the period is 8.25%. Then the amount of interest is calculated as follows:

P1 = 8.25 / 300 x 12000/100 x 31 = 102.30 rubles.

Debt period No. 2 from December 18 to January 10 is 24 days. The key rate is 7.75%. The size of the penalty is

P2 = 7.75 / 300 x 12000/100 x 24 = 74.40 rubles.

The total amount of interest charged is

P = P1 + P2 = 102.30 + 74.40 = 176.70 rubles.

We hope you find the information helpful.