Penalty calculation

Penalty is a type of punishment, which is determined according to established criteria, for violation of the deadlines for the fulfillment of their payment obligations by a legal or physical person. The calculation of interest is quite simple, you can do it yourself, and in this article we will try to simplify this task for you.

Sometimes when doing business, and households too, we can delay the payment of any payments. This happens for various reasons, for example, you spent too much in the current month, and there was absolutely no money left to pay taxes, utility bills and so on. Sometimes people simply corny forget about the payment due date or lose a receipt with the necessary payment details. It is in such cases that you have to sit down at the computer yourself and begin to make an accurate calculation of the penalty.

Naturally, the organizations to which debtors owe take care of their well-being, and stipulate in the contracts that in case of the counterparty's untimely fulfillment of his financial obligations, he will be obliged to make certain additional payments to pay off the possible damage. Simply put, a penalty will be calculated, which is payable. Indeed, because if payments are not received on time, it turns out that those who have debts illegally use other people's money. And inflation eventually eats up the value of money.

Of course, there are some rules when charging interest, for example, it should not exceed the value of the contract, payments for which are past due.

In general, the calculation of interest should be carried out according to the following scheme:

SP = SZ * Cd * 1/300 * SR

Decipher the components of this formula:

SP - the amount of interest;

SZ - the amount of debt under the contract;

Cd - the number of days overdue;

300 is the average number of working days per year ;

SR - the current refinancing rate in the country.

In general terms, the above formula is suitable for those moments when, for example, interest is calculated for late payment. There is nothing complicated, just take your contract, find the item in it that describes its amount. After that, find the point in which the deadline for fulfilling your financial obligations is stated. Then you calculate how much you owe to your creditor. Having determined this amount, multiply it by the number of overdue days, by the refinancing rate, and then divide everything by 300 days. As a result, you will receive the amount of your fine that you will pay.

Some readers have a fair question: why is it necessary to multiply also by the refinancing rate? Just this indicator, determined by the Central Bank, reflects the current inflation in the country, in addition, on its basis all loans are calculated. And since the debt formed in the event of late payment of obligations can be conditionally recognized as a loan, it is fairly fair to charge certain interest for this, taking into account inflationary trends in the country.

If you owe money to the state, you will also pay a penalty. It is recommended that tax penalties be calculated in accordance with the letter of the Ministry of Finance dated March 18, 2008 N 03-02-07 / 1-106, which states that if you have not paid a certain amount of tax due to you on time, then for each calendar day , you will pay the state a penalty, which is calculated on the basis of your debt. And the penalty itself will be calculated on the basis of article 75 of the tax code.

If you can not independently calculate the penalty, you should contact the professionals. However, itโ€™s best not to be late in paying off your debts, then you wonโ€™t have to count the fines, which will be very pitiful to give, because, as you know, we take not our own, but we give it away - native.

Source: https://habr.com/ru/post/K9562/


All Articles