What is a fine? Penalty: definition, types, features and procedure for charging

In the event of violation of contractual obligations in the Russian legislation, a special type of penalty is provided. Such a concept, like fines, serves as a regulator of compliance with the terms of transfer of tax payments, utilities and many other obligations.

What is a penalty, what is its regulatory role

Penalty in the form of a fine is a fairly frequent phenomenon in everyday life. The duty to accrue such a penalty arises at the time of violation of legal relations enshrined in the contract or normative act. In case the violation is not eliminated, the penalty will constantly increase. The size of the penalty directly depends on the amount of the obligation and is calculated as a percentage.

Understanding the question of what a fine is, people often come across a term such as a "penalty." It's almost the same. For example, if it is written in the contractual obligations that the daily penalty will be 0.3% of the payment amount, then such a term implies a penalty charge.

In legal practice, two types of penalties are used: a contractual penalty and a lawful penalty. In the first case, the amount of recovery is established by contractual relations. The approximate amount of such sanctions is 0.5% per day. The second type of penalty is established by law and regulated by the Civil Code of the Russian Federation. This method is used for non-payment of alimony, delay in utility payments and in other cases. In the absence of regulations on the calculation of such interest, the penalty is equal to the refinancing rate in effect at the time of the breach.

In which case are tax penalties

All tax payments have strict deadlines, which must be strictly observed. If the deadline for the transfer is missed, the controlling authorities charge penalties. Until the main tax is repaid, the interest will continue to grow. In order to stop them, you need to make a budget payment as soon as possible.

Tax authorities charge penalties on taxes with the help of specialized programs. Previously, this time-consuming work was done by accountants, and despite the existing exact formulas, the results were still questionable.

There are also a number of cases where there are no tax penalties. For example, if the taxpayer's account is blocked by a decision of the tax authorities or the money was arrested on the basis of a judicial act.

How fines and penalties are interrelated

Penalties and fines are independent penalties and do not depend on each other. There is a fundamental difference between these sanctions. The fine is exposed to the firm in case of a violation, and the penalty is calculated from the first day of the delay in payment. Penalties have fixed amounts, the penalty is calculated according to a certain formula, taking into account the current refinancing rate.

For delay in utility payments, penalties are charged

The delay in paying utility bills remains an acute problem for management companies. In order to ensure that the amount of debt does not become critical, suppliers of energy resources and household services have the right to charge a penalty for utilities.

The amount of sanctions imposed depends on the number of days of delay. Under the new rules, from January 1, 2016, penalties begin to accrue from 31 days. Within three months (90 days), the default interest will be calculated from the calculation of 1/300 of the refinancing rate, and from 91 days the interest will be increased to 1/130 of the rate.

Sometimes the apartment owner will have to leave for a certain period, in this case you can avoid charging penalties if you write to the management company in advance. Such a delay may be granted to an individual for six months.

Delayed payment on OSAGO - charge penalties

The contract of insurance OSAGO assumes the establishment of a certain responsibility of the parties, for non-fulfillment of which penalties are provided. In the event of an insured event, consideration of the victim's application must not take more than 20 days. At the end of this period, the insurance company must pay the applicant an insurance premium or formulate a justified refusal.

If the funds are not paid on time, then the company will have to pay a penalty. Insurance interest is 1% of the amount of debt accrued daily. If the insurance company partially paid off the customer, then the penalty is charged on the balance of the amount. In the event of an intentional delay in the processing of the application, a penalty of 0.05% per day is foreseen. It is worth noting that the total amount of recovery can not be higher than the maximum insurance payment.

What is the refinancing rate for?

The interest that the Central Bank lends to commercial banks is called the refinancing rate. This economic term has a fairly large strategic importance and is actively involved in the calculation of penalties.

Calculation of penalties is based on the principle of 1 \ 300 rate for each day of delay. In other words, the amount of debt is multiplied by 1 \ 300 and by the number of missed days. Also, the interest rate participates in labor legislation and regulates the timely payment of wages to employees.

The refinancing rate can change its performance over the year several times, so it is very important to constantly monitor such changes in order to correctly calculate the payment interest.

How to calculate the penalty

As it turned out, what is a fine, it is not difficult to understand, it is slightly more difficult to understand how this value is calculated.

The amount of penalties is always determined as a percentage of the principal amount of the debt. The federal law establishes that penalties are charged in the amount of 1/300 of the refinancing rate established by the Central Bank of Russia.

In order to calculate the penalty correctly, you need to multiply the amount of debt by the number of days of delay and the refinancing rate in a fraction of 1/300 percent.

The refinancing rate of the bank can change several times a year, so the question arises as to what value to use in the formula. According to the law, penalties will have to be calculated by separate periods, taking into account the occurred percentage changes. And it does not matter whether the rate increased or decreased.

Enumeration of penalties

The accrued penalties can be transferred simultaneously with the payment of the principal debt or in the event of a shortage of cash itself after the debt is repaid. Penalties for payments can not be written off by the bank without a prior consent, and they can not be paid for by the company's property. It is very important, when paying a penalty, to follow the procedure for repayment of principal debts. If the arrears are not repaid, then the transfer of penalties will be meaningless, as their growth will continue. In the first place, the main payment is always extinguished.

The Russian tax code establishes the statute of limitations applicable to arising debts. The person who committed the offense can not be held liable after three years, which are calculated from the moment of committing the violation or the first day after the end of the tax period. Therefore, many citizens and legal entities, having learned what a penalty is and what is the time for fulfillment of the obligation to repay it, are in no hurry to repay the debt. This is a gross violation of the law and may lead to more serious consequences.