Calculation of penalties at double refinancing rate. How to calculate the refinancing rate correctly. How and where to find out the current refinancing rate

This rate is not constant and may change. Its current size can be found by visiting the website of the Central Bank. According to the legislation of the Russian Federation, 1/300 of it is charged for each day of delay. For the formula for calculating the penalty, a value is taken that is approved by the Central Bank of the Russian Federation and is valid during the period of existence of the overdue debt. If it changed, for each period of time in which it was valid, the calculation is carried out separately.

Attention! Since January 1, 2016 in the Russian Federation, the concept of “refinancing rate” has been abolished, its value is equal to the key value. Therefore, to determine it, you should use the value of the latter. At the time of writing, its size is 7.5% (approved since February 9 of this year).

To calculate it, it is recommended to use special online services that use a formula for calculating penalties at 1/300 of the refinancing rate. The calculator that you see on our website will help you make quick calculations, eliminating errors. It is enough to fill in all the necessary fields to find out the exact result, excluding errors (if they were not made in the numbers).

Example of using the formula

To understand how penalties are calculated and calculate them correctly, let’s look at the process with an example. To do this, we calculate one three-hundredth of the rate of the debt amount and multiply it by the number of days of delay.

Initial data:

amount of debt - 300 thousand rubles;

days overdue - 21.

The result looks like this:

300,000×1 / 300×21x 7.50: 100 = 1,575 rubles.

Based on the example, for a debt of 300 thousand rubles within 21 days, a penalty of 1,575 rubles will be charged.

Calculator for calculating penalties and penalties

Today there are special online services - calculators that allow you to quickly and without errors calculate the accrued fine. It already contains the formula 1/300, it also takes into account additional parameters that are needed for the calculation. You just need to enter the initial data and the system will perform the calculation automatically. Using a calculator can greatly simplify the counting process. The only requirement is that before using it, you must check the size of the SR, which was approved by the Central Bank during the period of overdue debt.

Calculation of the refinancing rate is a procedure that is used in many financial processes. The refinancing rate is the amount of annual interest that must be paid to the Central Bank for loans provided to credit enterprises. In the Russian Federation, the refinancing rate is calculated using a special formula.

Refinancing rate in Russia.

In our country, the refinancing rate is a key indicator of the credit policy pursued by the Central Bank of the Russian Federation. It is used for taxation, as well as for calculating various penalties and fines. In fact, the refinancing rate is the basis of credit policy.

Refinancing rate was approved by the Central Bank on April 10, 1992, and then its original name was the rate on centralized credit resources. From 1992 to 1998, it was similar to the rate on a pawnshop loan. From 1993 - 1994 The refinancing rate became as high as possible and was in the range from 100 to 210%. Then it began to decrease and now, if it nevertheless begins to increase, then this is a rather insignificant share, which amounts to 8.25%.

The formula by which the refinancing rate is calculated.

Official formula for calculating the refinancing rate established by the Central Bank of the Russian Federation. The size of the rate itself can be conditionally taken as an indicator of economic stability. That is why it is very important for organizations and citizens.

The amount of interest can be determined using a simple formula: Penalty = Amount x Rate: 300 x Days. In this formula, the amount acts as the loan amount, the rate as the refinancing rate, and the days are taken as the number of days of delay.

Areas of application of the refinancing rate.

Despite the fact that for citizens the use of the refinancing rate when lending is the most pressing and important issue, there are other areas of its application. According to clause 4. Art. 75 of the Tax Code of the Russian Federation, for each day of delay in payment of any fee or tax, an amount of 1/300 of the refinancing rate is charged.

In addition, the refinancing rate is also used for personal income tax purposes on ruble bank deposits. This is as follows: according to paragraph 2 of Art. 224 of the Tax Code of the Russian Federation, if % is higher refinancing rates, which is valid during the accrual period, then the interest in turn is subject to tax.

As for foreign currency bank deposits, they are then subject to personal income tax when the interest rate is more than 9%. In accordance with paragraphs 1 and 2 of Article 212 of the Tax Code of the Russian Federation, the tax base when a taxpayer receives income from savings on the use of borrowed funds is also based on the refinancing rate. The calculation of the financing rate of the Central Bank of the Russian Federation in this situation provides the opportunity to present the tax base as the excess of the amount of interest (in rubles) over the amount of interest under the agreement. This amount is calculated based on 2/3 of the refinancing rate at the time of receipt of income.

In a situation where an employer fails to pay leave, set deadlines for paying wages to an employee, etc., he is obliged to pay him not only these, but also monetary compensation - not less than 1/300 of the current refinancing rate. This compensation is calculated for each day of delay.

The amount of such monetary compensation that the employer is obliged to pay may increase in accordance with the labor or collective agreement. According to Article 236 of the Labor Code of the Russian Federation, the need for this payment appears in any case, no matter whether the employer is at fault for the delay.

An example of refinancing rate calculations.

For a better understanding of what it is refinancing rate calculation, consider the above example - violation of payment deadlines.

The refinancing rate is calculated as follows:

The employer delayed his employee's wages in the amount of 20,000 rubles for 5 days. The minimum amount of monetary compensation that the employer must pay to the employee is: 20 thousand * 8.25%/300 * 5 = 27.5 rubles. Even if this amount of payments does not seem particularly high, but with significant periods of delay and delay (in lending and payments), it seriously increases and can even reach tens of thousands of rubles.

During the execution of the transaction, both parties to the agreement are assigned responsibility, which will begin to take effect in the event of violation of the prescribed obligations. It is for this reason that the agreements of the parties always contain certain conditions for the collection of penalties in the event of an offense, since this serves as a guarantee of their compliance.

When faced with such a situation, it is very important to have information on how to correctly calculate the penalty when compensating for losses incurred. According to the requirements of the Civil Code of the Russian Federation, the rules for calculating, accruing and collecting penalties are carried out in monetary terms.

Types of penalties

Based on the reasons for their occurrence, there are two types of penalties:

1. Legal penalty - established by legislative acts and applied regardless of the terms of the agreement of the parties, the calculation is carried out using the refinancing rate.
2. Contractual penalty - determined by the terms of the agreement of the parties and set in percentage terms or a fixed amount.

Both forms of compensation for damage caused have a similar meaning in theory, but in the practice of judicial intervention they contain significant differences. A legal penalty is a mandatory payment of financial resources in the event of identified violations, which is not accompanied by evidence from the creditor of causing damage to him. Contractual penalties, on the contrary, require clear justification for compensation of losses. In addition, payment of a legal penalty is carried out faster, while the duration of payment of a contractual penalty depends on the calculation of the amount and analysis of the consequences, especially if the partnership has not yet come to an end, and identifying the amount of losses incurred will only be possible in the future.

According to the correspondence of the penalty with the recovery of losses, there are four types:

1. Exceptional- collection of the amount of the penalty alone, in accordance with the law or agreement;
2. Penalty- recovery of the amount of losses incurred in full, in excess of the amount of the penalty;
3. Alternative- providing a choice: recovery of losses or penalties;
4. Test- recovery of only part of the amount that was not covered by the penalty.

The penalty is calculated in two ways: a fine or a penalty. A fine is monetary compensation that, according to the law or under an agreement, the violator is obliged to pay to the creditor for failure to fulfill his obligations under the terms of the agreement. The penalty begins to count only in cases where the payment for non-fulfillment is overdue, and accrues at an increasing rate. Both measures for an offense can be assessed simultaneously, in accordance with the restrictions under Articles 394 and 395 of the Civil Code of the Russian Federation.

How to correctly calculate the penalty according to the contract

The amount of the contractual form of the penalty can be calculated and collected only in accordance with the rules established in the concluded agreement. It is impossible to collect money based on a verbal agreement.

There is a basic formula for calculating contractual penalties:

N = Z * H * S, Where

• N- the amount of the penalty;
• Z- amount of debt;
• H
• WITH- applied rate.

As a rule, in transactions based on supply, purchase and sale or service agreements, the penalty is defined as a fixed percentage of the debt amount, and the delay begins after the specified date in the contract.

Example 1

According to the contract for a total amount of 350 thousand rubles, the goods must be delivered by May 20. However, by the set date, the delivery was not completed in full, but only in the amount of 125 thousand rubles. The rest of the goods arrived only on August 18th. According to the terms of the agreement, the interest rate is 0.2% for each day of delay.

• Amount of debt - 3 = 350,000 - 125,000 = 225,000 rubles;
• Number of days overdue - H=90 days
• Penalty amount - N=225,000 *90 *0.2%
• Total to the amount - 40,500 rubles

When calculating a fine in accordance with a contract, the general formula changes taking into account the total amount of debt excluding VAT (-18%).

Example 2

In accordance with the contractual relations formalized on July 4, construction and installation work in the amount of 250 thousand rubles, including VAT, remained unpaid. The interest rate under the agreement is 0.8%. As of August 24, it is necessary to calculate the amount of the penalty.

• Debt amount excluding VAT - 3 = 250,000/1.18 = 211,865 rubles;
• Number of days of delay - H=52 days;
• The amount of the penalty is H=211 865*52*0.8%;
• The total amount is 88,136 rubles.

How is the legal form of penalty at the refinancing rate calculated?

The legal type of penalty differs from the contractual one in that it is determined by legislative acts and is calculated regardless of the presence of obligations in the terms of the agreement.

The legislation provides a special formula for calculating the amount of the penalty according to the refinancing rate:

N = Z * H * S/100 * 1/300, Where

• N- the amount of the penalty;
• Z- amount of debt;
• H- duration of days of violation;
• WITH- the applied rate, defined as 1/300 of the refinancing rate fixed by the Central Bank.

When the agreement establishes a smaller amount of the penalty than that obtained according to the formula, the creditor has every right to increase its amount to the calculated value.

Calculation of the legal form of the penalty at a refinancing rate of 1/300 is also practically used in case of late payments for taxes, utilities and other cases.

Example 3

An agreement was signed for the delivery of goods in the amount of 18 million rubles, which must be executed before July 5, 2017. However, by the set date, only 10 million rubles worth of goods were delivered. After 10 days, the remaining goods had not been delivered, so an invoice was issued to the supplier, taking into account an interest rate of 0.5% for the amount of:

• Amount of debt - 3=18 million-10 million=8 million;
• Number of days of delay - H=10 days;
• The amount of the penalty is N = 8 million * 10 * (8.25/100/300) = 22 thousand rubles.

How to accurately calculate the length of days overdue

The delay begins on the day following the expiration date for the fulfillment of obligations under the contract. The end of this period is the day of signing the act of acceptance of the goods or services, however, if the obligations have not yet been fulfilled, the end date will be any suitable day determined by the injured party.

Applicable refinancing rates

There are other rates fixed by the Central Bank of the Russian Federation and applicable for calculating penalties:

Calculation of penalties according to the refinancing rate for OSAGO (Compulsory motor third party liability insurance for vehicle owners) - 1/75.

Formula: H = St * H * S/100 * 1/75, Where St.- the amount of compensation under the compulsory motor liability insurance clause.

The rate is also applicable to the calculation of penalties for an individual who takes part in a shared construction project.

In some cases, it is rational to calculate the penalty according to the double refinancing rate, especially when a petition is filed with the court to reduce the amount of the penalty.

• Calculation of penalties taking into account the double rate.

Formula: H = Z * H * 2 * S/100 * 1/365. This formula contains the rule of “effective days”: 30 days every month (even in February).

Litigations are often conducted for the illegal use of other people's financial resources, for which the victim demands payment of a penalty. Such cases arise when cooperation is based on prepayment: the buyer pays for the goods and awaits delivery. Delay in delivery of goods can be considered an offense and a penalty may be required. Legal penalties will be imposed even if the terms of the contract do not establish liability for the violation.

• Calculation of penalties based on the refinancing rate for using someone else’s funds.

Formula: N = Z * H * S/100 * 1/360 refinancing rates fixed by the Central Bank of the Russian Federation.

According to the latest amendments to Article 395 of the Civil Code of the Russian Federation dated June 1, 2015, the rate in this formula is determined territorially, for each region, but in practice no changes have occurred, and there are no exact data on the average rate.

Example 4

The concluded contract for the amount of 850 thousand rubles specified the delivery deadline as January 11, 2017, but the order did not arrive on the specified date. Since the amount of the fine has not been determined, the size of the rate has not been established, the court decided to collect a penalty for the illegal use of someone else's money. In this case, accrual can occur in two ways: by calendar days or by “effective days” (when any month has 30 days). Since the documents were filed with the court on July 10, 2017, the number of calendar days will be 180 days (20+28+31+30+31+30+10), no different from the “effective” ones - 180 (20+30+30+ 30+30+30+10). The same number of days does not always come out; in this particular case, it was affected by February and a leap year. As a rule, the difference between the options for calculating days is 1-2 days.

• The amount of the penalty is H=850,000 * 180 * 8.25/(100 * 360)=35,063;
• Total payable - 35,063 rubles

Clarifying the issue of applying the rate in various life circumstances, the court decision will apply exactly this rate.

The nuance of collecting penalties

In cases of violation of the terms of the agreement, the law determines the payment of a penalty, which is of a security nature. The injured party may not provide evidence of the fact of the damage incurred, so it is important to identify the penalty as the result of the loss caused by one’s own actions. In this case, collection will take less effort and time, since there will be no need for legal proceedings to prove and identify the amount of damage.

Special calculator

To simplify the process of calculating penalties, there are special calculators that calculate the required amount based on the terms of the agreement.

In the field you must enter:

• Amount of debt;
• Period of delay;
• Interest rate for each day of delay;
• Amount of partially paid debt;
• Having additional debt.

There are other types of calculators, the calculation of which depends on the type of cooperation between the parties, taking into account additional data.

How can you reduce the amount of the penalty based on the refinancing rate?

There is a possibility that the court will reduce the amount of the penalty based on Article 333 of the Civil Code of the Russian Federation. Previously, the court had the right to independently reduce the amount of the penalty in accordance with its proportionality, regardless of whether this was requested by the defendant or not, without explaining the criteria used to assess proportionality. The plaintiffs had to prove the amount of damage in order to receive the full amount of the penalty and cover their losses.

Since 2005, the situation has changed due to precedent cases. The Presidium formulated three rules for reducing the amount of the penalty:

1. It is impossible to reduce the amount of the penalty to an amount that is lower than the refinancing rate. The refinancing rate depends on the inflation rate; it is at this rate that the Central Bank issues loans to commercial banks, after which they charge their markup, which brings them profit. The Central Bank rate covers minimal losses due to inflation that the lender will incur due to unfulfilled obligations.
2. The right of the court to independently reduce the penalty has been abolished. This rule was applied due to a violation of civil rights and now the penalty can be reduced only on the basis of the filing of an appropriate application by the defendant.
3. The price of an offense should be higher than the interest rate of banks. This measure was taken to eliminate cases of unfair use of other people's funds. Instead of paying off debts, the available funds are used for the current activities of the unscrupulous entrepreneur. Focusing on the rate of a bank in a specific region will be appropriate, since this will be unprofitable for the debtor himself.

An example of dishonest behavior of an entrepreneur

The organization has two financial debts totaling 500 thousand rubles. The company's budget has only 250 thousand rubles. There are three options: pay off one of the debts, contact the bank for a loan, or put the available amount into circulation to make a profit. The last option is precisely unconscionable, although it is economically beneficial for the debtor. Since a bank loan is not issued at a refinancing rate, the debt will cost 15-20% more. An entrepreneur who fails to pay debts and misappropriates funds becomes a debtor in court, which will collect a penalty from him at the refinancing rate. This is the main benefit for the debtor - collection will be cheaper than covering debts through a loan taken out.

Conclusion

Based on the experience of legal and judicial practice, the accuracy of calculating penalties is important. When drawing up an agreement and signing it, you need to make sure that there are clauses that guarantee the timely fulfillment of the obligations of the parties, as well as the possible consequences and liability incurred for violation.

It is important not only for the violator of the contract, but also for the injured party to correctly calculate the amount of the penalty and the amount of the penalty, in order to avoid mistakes and, as a result, incomplete payment of the amount of money for the losses incurred. A qualified lawyer will answer what a penalty is and how much it can be collected.

Its size will increase every day, and this amount can be calculated in advance.

• The Tax Code provides that for each day of delay, one three hundredth of the established refinancing rate will be charged. The same amount will have to be paid to employers who delay the payment of wages or vacation pay.
• The rate is an interest rate and is used to issue loans to commercial banks on a secondary basis. It is established by the Central Bank. Today it is 8.25 percent, while in recent years a certain downward trend can be observed.
• The change largely depends on the inflation rate. In addition, the double rate no longer applies to duties and late payments.

By the way, in most countries of Europe and the USA its size is only 0.25 percent, and in Japan - 0.10%.

How to calculate interest on the refinancing rate

An example would be the following situation. On October 31, 2012, company N must transfer money to company R for receiving the products, a total of 100,000 rubles, including 18% VAT. Sanctions for late payment under the contract are 10% of the amount of the overdue payment for each day. Company N made the payment only on November 30, 2012. The amount of the penalty will be calculated as follows.

Amount of debt (100,000 rubles) x penalties under the contract (0.1) x number of days of delay (29 days) / number of days in a year (365 days). The total amount of the penalty was 794.52 rubles. The procedure for calculating the penalty if there was a change in the rate (with an example) As a rule, in the Russian Federation a penalty is charged for late payment. This amount must be calculated taking into account the refinancing rate.

Calculation of penalties at the refinancing rate

In July 2014, it was planned to change the rate on the agenda of the meeting of the Bank’s Board of Directors. After a lengthy discussion, the Council decided that the rate would remain at the same level. Formula for calculating a penalty Knowing when such a rate is applied, you need to decide on a formula for calculating this type of penalty.

Penalty = amount that the debtor has left to pay * number of days by which payment is overdue * refinancing rate (constant equal to 8.25% / 100% = 0.0825) / 360 days. The question arises: why 360 days if there are 365 days in a year. This norm is provided for by the Resolution of the Plenum of the Supreme Court and the Supreme Arbitration Court of the Russian Federation “On the practice of applying the provisions of the Civil Code of the Russian Federation on interest for the use of other people’s funds.”

The same decree established 30 days in a month.

Calculation of penalties at the refinancing rate

The refinancing rate of the Central Bank of the Russian Federation (re-financing) is the minimum interest rate on the loan that the Central Bank issues to commercial banks. This rate is also used when calculating the taxable amount of deposits in commercial banks, when accounting for and settling bills and other securities. In some cases, the refinancing rate may be changed (due to the macroeconomic situation and the level of development of the national economy).
Also, the refinancing rate is the basis of the taxation system. Calculation of interest at the refinancing rate When borrowing money, you must understand that you will have to pay interest for using the money. Any interest on loans and borrowings is based on the refinancing rate.

Calculation of a penalty in the amount of 1/300 of the refinancing rate

Important

The rules for calculating and collecting legal penalties are determined by Article 395 of the Civil Code. 2. When is it necessary to calculate penalties at the refinancing rate (legal penalty)? Calculation of the legal penalty will be required if the financial obligation has not been fulfilled and the agreement does not contain provisions for the payment of penalties. The legislator has established that even if your contract does not contain penalties, they must still be paid, but according to a certain rule.

How to calculate one three hundredth of the refinancing rate

Attention

In case of failure to pay property tax before October 1, the accrual of penalties begins according to the following formula: Penalty = C * Day * SR/100/300,

• where C is the amount of debt;
• Day - number of days of non-payment of taxes (starting from October 2);
• SR - refinancing rate.

The calculation of the amount of penalties for a debt of 5,000 rubles, as of October 17, is calculated as follows:

• Penalty = 5000 * 16 * 11/100/300 = 29.3 rubles.

How and where to find out the size of the current refinancing rate Calculation of debt at the refinancing rate should be carried out using the current rate value. You can get information about the current rate in this way: A table showing the dynamics of changes in the rate for the current period is available on the website of the Central Bank of the Russian Federation. The data is reliable and confirmed by relevant regulatory documents.

How to calculate the penalty at the refinancing rate

The amount of the penalty can only be reduced by the court if it decides that its payment is clearly disproportionate to the violation of obligations. Calculation of penalties for taxes and fees The refinancing rate is also applied when it is necessary to calculate penalties for taxes and fees. The familiar formula applies again.

• A penalty for a tax of two thousand rubles, paid only six months later, is calculated as follows: 2000 x 180 x 8.25 / 100 / 300 = 99 rubles.
• For compulsory motor liability insurance, it was decided to establish a penalty, which is one seventy-fifth instead of three hundred.

  
  As a result, you can calculate: penalty = amount of compensation specified in the OSAGO article x number of days x refinancing rate / 100 / 75.

• Utility debts also use the already known one three hundredth of the rate. The existing debt is multiplied by it and the number of days.
• Shared construction has one caveat.

How to calculate the penalty at the refinancing rate yourself

An example of calculating a penalty For example, the amount of debt is 100,000 rubles, the due date for payment is November 25. The payment was overdue until December 5th. The current refinancing rate is 8.25%. VAT is not charged. Then the period of late payment begins from November 26 and is 10 days until December 5.
Then the penalty will be: P=10*100000*(8.25/(100*300))=275 rubles; P=10*(100000/360)*8.25/100=229.17 kopecks. In the first case, the amount of debt, including penalties, will be 100,275 rubles, in the second - 100,229.17 rubles. Thus, it is more profitable to calculate the penalty using a formula taking into account the length of the financial year (360 days).

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A different approach is applied to legal entities and individuals; this is prescribed in federal law. Legal entities will have to resort to the usual form of payment. For citizens participating in shared construction, there is an amendment: penalty = cost of the contract x number of days x rate / 100 / 75. In principle, each person will be able to quickly determine the amount of their penalty.
Online calculator It is possible to do this faster if you go to the Arbitration Court website. There you will have to fill out a couple of fields and accurately indicate the data:

• The full amount of funds under the agreement is indicated. It fits into the column “Amount of debt”.
• The period of delay is counted immediately after the last day of payment.

If a tax payment is late, in addition to penalties, other measures may be applied to the defaulter to ensure payment. The amount of tax penalties can be calculated using the following formula: P=C*D*(i/(300*100)), where P is the amount of the penalty; D – payment amount for the period of delay; C – period of non-payment of payment in days. The number of days of non-payment is calculated based on the day following the payment date; i/300 – in accordance with the instructions of the Bank of Russia, 1/300 of the current refinancing rate is accepted.

Calculation of penalties at the refinancing rate for an arbitration court. The official website of the arbitration court (SAC RF) presents a methodology for calculating penalties at the refinancing rate. To calculate the penalty, the following data must be taken into account:

• amount of debt including VAT (the full amount under the contract including taxes is indicated.

How to calculate the refinancing rate based on the debt amount

What are penalties and forfeits? Penalty is a way to secure obligations. In other words, a penalty is the money that will need to be paid if the contract is not performed or is performed poorly. The penalty can be of different types: credit, penalty, exceptional and alternative.

Offset liquidated damages: The creditor can claim damages to the extent that the liquidated damages do not cover. For example, a contract was concluded, the work was performed poorly, and the customer remade the work on his own. In this situation, the contractor will pay a penalty for poor quality work. This amount is deducted from the money the lender spent on redoing the work. The remaining amount will be collected from the contractor, but as compensation for damage, which is why such a penalty is called offset.

Refinancing rate- this is the amount of interest accrued per year, which is paid by credit organizations to the main bank of Russia for the loan funds that it provided to them.

The refinancing rate is an important element that reflects all financial policy actions. It is not tied to the rates at the time of conclusion of contracts, apart from the function of economic settlement. The rate is used to assess taxes, calculate penalties, and penalties.

Dear reader! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Usage

By law, taxes are imposed on those rates that are larger than the refinancing rate, but in 2014 a resolution was adopted that all rates higher than the Central Bank rate, + 10 points on interest, will be taxed. This means that for cash deposits in banks made in foreign currency, only interest that is more than 9 is subject to taxation, without applying the rate itself).

In this case, for each day of non-payment of tax or interest, the accruing penalty will be equal to 1:300 of the current refinancing rate for non-payment.

When signing a loan agreement, the interest rate at the time the borrower repays part or all of the debt is taken into account.

Penalty

It's called a penalty a sanction that is levied and paid by the borrower if he has not fulfilled the terms of the agreement or has not repaid loan debts on time.

The penalty is calculated using the formula only if the amount of interest was not specified in the contract. The refinancing rate is not specified when concluding the agreement.

It's worth taking a closer look all factors that influence the amount of the penalty:

1. Paragraph two of Chapter 23 of the Civil Code of the Russian Federation is dedicated to the penalty. Penalty provisions are also included in other legislative articles, as well as federal laws. The penalty can also be considered from the perspective of civil obligations, because late payment of debts is one of this factors. In the modern world, penalties are widely used in various areas, because in simple words it is compensation for losses caused by the length of loan repayment.
2. Paragraph 1 of Article 330 indicates that the creditor does not have to prove that he received losses due to late payment or non-payment at all; he has the right to demand compensation, as was the demand to pay off the penalty.
3. Losses are not so easy to calculate, but the amount of the penalty can be demanded at any time, since this number is known in advance. If the borrower’s violations last a long time, then the losses, as a rule, cannot be calculated immediately, which is why all that can be done is to demand repayment of the penalty for the lack of cash deposits in the loan amount.
4. There are several types of penalties:
   • Negotiable, which is provided for by the parties to the agreement.
   • Legal, provided for by law and defines obligations for the state.

The first type of penalty (contractual) is indicated in writing and is a compromise between two parties - lender-borrower. If the terms of the contract are not observed, then such a penalty will be considered invalid, as stated in Article 331 of the Civil Code of the Russian Federation.

The second type is regulated by law or legal act. Such a penalty does not depend on the agreement between the parties and must be fulfilled in any case.

Legal penalties may be provided for by the following rules:

• Mandatory norm: a legal penalty in this case must certainly be carried out in a strict manner and in the established amount.
• Dispositive norm: the penalty is paid in the amount established by law. These conditions can be adhered to only if the conditions have not been changed in the personal agreement of the parties. The amount of the penalty, depending on the points provided for in the contract, can be changed, but only upward.

Legislative framework for calculating penalties

Sanctions under contracts and their volumes are specified in the Civil Code. These include fines and penalties. Penalty is the amount that accrues during non-payment. The penalty increases with each day of non-payment of the amount under the contract.

Formula: Amount of penalties (penalty) = Amount of funds equal to the price of the goods or another indicator on the basis of which the penalty is calculated * penalty rate at the time of late payment * number of days for which the penalty was not paid.

Information regarding the payment of penalties is specified in 330 of the Civil Code of the Russian Federation. If the case goes to court, but the terms of the contract have not been fulfilled, then Article 333 of the Civil Code of the Russian Federation comes into force. Then the court may reduce the payment of penalties. For example, if the amount of the goods is several times higher than it.

Interest is calculated based on Article 395 of the Civil Code of the Russian Federation, which contains all the information on the refinancing rate.

A separate case worthy of attention is the following: what to do if the fine comes from the counterparty? Previously, all transactions were carried out taking into account VAT, but not so long ago the Ministry of Finance issued a new notice, which was sent to all tax inspectorates. Since 2013, the VAT tax base, on the contrary, has decreased for the turnover of goods.

Whether the amounts are calculated with or without VAT, it is impossible to say for sure, because this data must be written down in the contract, and if the contract does not answer this question, then it is better to take the amount including VAT.

If the accountant uses the cash method, then it is necessary to take into account the payment of the penalty on the same day that it was covered.

How to calculate a penalty with examples

The formula for calculating the penalty at the rate is completely different from the formula that is used to calculate the penalty. This formula is as follows:

Formula: Amount of debt = Total amount of the contract* Number of overdue days* Refinancing rate/ 360).

In addition to the formula: 360 in the formula is the number of days. You shouldn’t be surprised by this number, because this number is established by regulations.

Example for refinancing rate: For example, company A delayed goods for 555,495 thousand rubles, the penalty percentage is 0.23. Hence 555,495: 100 * 0.23% = 127,764 rubles. This is the amount of the penalty for each day.

The amount of debt for 360 overdue days will be equal to 127,764*364 rubles.

Calculation of legal penalties

Legal penalties are regulated by Article 395 of the Civil Code of the Russian Federation. It is applied in cases where the borrower refuses to pay a penalty for late repayment of borrowed funds, as well as if the borrower unlawfully delays and delays the payment deadline.

Legal penalties are calculated using the following formula:

Formula: SZN= CH* Number of days* SR:360

In addition to the formula: SZN is the amount of legal penalty.

CH – amount of penalty.

SR – refinancing rate.

360 – the number of annual days, which is established by law.

Calculation of penalties under the contract

In some cases, the contract specifies the amount of the penalty that the borrower will have to pay in case of failure to fulfill the contract.

An example of calculating a penalty under a contract: For example, if the contract specifies a penalty of 0.2 for each day of non-payment, then the amount of the debt is multiplied by this number and the number of days for non-payment.

Calculation of penalties when changing the refinancing rate

The refinancing rate may change. Most often these changes occur in the direction of growth. If the refinancing rate is subject to any changes, then the penalty is calculated based on the data on its changes.

Example: If the refinancing rate in March 2011 was 8, and in June it reached a value of 8.25, then the penalty is calculated using the standard formula, but the values ​​​​are taken for the periods when the calculated rate was equal to 8 and 8.25. This means that the annual penalty is divided into parts, which are calculated in stages. This happens as follows: according to the formula, the penalty is calculated when the bet was 8, then separately when it is already equal to 8.25, and these values ​​are summed up.

Calculation of penalty 1: 300 refinancing rate

Let's consider one more issue - calculating the penalty of 1:300 refinancing rate. This is done using the following formula:

Formula: N = HO * (SRef / 300) * D

In addition to the formula: N – amount of compensation,

SRef is the Central Bank refinancing rate effective on the day of calculation (%).

BUT – everything that was not fulfilled under the contract, obligations, including VAT.

D – days overdue for payment.

An example of calculating a penalty at a rate: Since 8.25 is the value of the refinancing rate since 2012 in the Russian Federation, this value will be used in the calculation.

Let’s imagine that a certain company A was supposed to pay 10,000,000 rubles by 08/01/13, but by this date only 7,000 thousand rubles were paid. The creditor company waited another week (7 days), after which it demanded a penalty.

The calculation is as follows: 3,000,000 rubles were underpaid. The company waited 7 days.

According to the formula: 3,000,000* (8.25:300:100)*7.

Calculation at double refinancing rate

The double refinancing rate is not associated with the accrual of penalties, non-payment of debts or violation of customs laws. This concept is used in specific situations when personal income tax calculation takes place, where it is necessary to calculate the benefit from borrowed funds.

Calculation example: For example, if the annual refinancing interest rate is 10.85%, then the benefit for the year will be ¾ of this number, namely 8.6. This percentage is the annual benefit on the loan amount. In this case, the double refinancing rate is used as the main unit of account.

According to OSAGO

When calculating penalties under compulsory motor liability insurance, it is necessary to be guided primarily by the contract. If the contract was signed before September 1, 2014, then the old rules apply, and if later than this date, then the new ones.

The payment period for compulsory motor liability insurance begins to run from the moment all documents are provided to the insurer. If the conditions were violated, then the insurer is obliged to pay a penalty of 1% of the total amount, which will be equal to 1% of the total damage in a particular situation.

If the insurance was paid, but finances did not cover the entire amount of damage, then it is necessary to calculate the penalty from the amount of underpayment. If the deadline for sending the refusal was not met, the insurer must pay a fine of 0.05% of the amount.

For utility bills

Formula: Penalties = debt for housing and communal services * SR Central Bank / 300 * number of days of delay in payment.

Example: The amount of debt for housing and communal services on the 10th day is 2300.00 rubles. Payment was received on the 19th of the same month.

Number of days overdue: 9 (11-19th, taking into account the beginning and end).

Accordingly, with the formula, the penalty will be equal to: Penalty amount = 2300.00 * 0.0825 / 300 * 9 = 5.69 rubles.

By loan

The amount of penalties (sanctions) under a loan agreement is set separately by each bank and varies in size depending on the terms of the agreement.

As a rule, all calculations of penalties under a loan agreement are made using the following formula:

Formula: Penalty = amount of overdue debt under agreement (loan) * number of days of delay * amount of penalty under loan agreement / 100. It is best to analyze the formula using a real example.

Example: If the loan needs to be repaid every 20th day of the month, and the monthly payment under the loan agreement is 4,000 rubles. The penalty amount is 0.1% for each day.

The penalty has already amounted to 8 days of this month and 30 of the last, which equals a total of 38 days.

Using the formula we get: 4000*38*0.1:100= 152 rubles.

The debt for two months is 8,000 rubles.

8000*8*0.1:100= 64 rubles.

152+64= 216 rubles – penalty for 38 days.

In shared construction

The calculation of penalties for shared construction is calculated differently for:

1. Legal entities and entrepreneurs. Penalty = Total amount x number of days when the amount was not paid x refinancing rate of the Central Bank of the Russian Federation / 100 / 300.
2. For individuals, citizens of the Russian Federation. Penalty = Total amount of goods or the amount specified in the contract x number of days of delay and non-payment x refinancing rate of the Central Bank of the Russian Federation / 100 / 150.

Example: The developer did not transfer the development object to the shared citizen builder when the total amount of the contract is 200,000 rubles. The transaction is overdue by 150 days, with a refinancing rate of 8 (2011). According to the formula indicated above, the penalty is 160,000 rubles.

If the developer does not hand over the property to the organization, then according to formula No. 1 above, the amount of penalties accrues up to 80,000 rubles.

For taxes

A penalty is charged for each day of delay and non-payment of the loan debt. If the deadline for paying VAT is the 1st day, then the penalty is calculated from the 2nd day of the month and so on.

1. Date of accrual of penalties.
2. Finish payment end date.
3. The amount owed on the debt.

Example: If the amount owed on the debt is 200 rubles. The start date of the payment period is August 1, and the end date is August 31, then for the month the penalty accrued by 1.71, since the refinancing rate has been 8.25 since 2012.

Conclusion

1. The total amount of the contract. This is the total amount for which the trade turnover (or loan) will be made.
2. A penalty that accrues every day of late payments. The penalty can be specified in the contract, in the loan agreement, or be legislative.
3. The days when it is necessary to repay part of the debt or the entire amount and the day when the delay begins and the calculation of the penalty begins.
4. The refinancing rate, which can be found on the website of the Central Bank of the Russian Federation, from 2012 to this moment is 8.25%.