You will need
- the total amount of the debt;
- - the number of overdue days;
- - refinancing rate of interest.
Usually, the penalty is payable by a partner calculated as a percentage of the debt amount for each day of delay (article 330).
The formula for interest calculations is to determine the amount of debt multiplied by the interest rate percentage and the number of days of delay.
To determine a penalty, the accountant needs to determine the amount of the debt to include the value added tax. Then define the start and end dates of delay. The start date is the day following the day when according to the agreement should have been paid for your goods or services. The end of the period is the actual execution of obligations for payment (payment of debt).
The rate of interest is determined by the signed contract. For example, if the contract States 0.1% of the total amount for each day of stitching or 30 rubles are governed by this agreement. In the absence of such paragraph, the accrual of interest is carried out according to the refinancing rate, according to the norms of the civil code.
In the calculation of the rate of refinancing keep in mind that it is an annual, so when calculating penalties for one day in the denominator make a note of 360 days. Then a penalty for one day and multiply by the total number of overdue days.
If the delay concerns non-monetary obligations (delay in construction, etc.), the penalty is imposed only if it is contractual and is imposed on the total price of the contract. In the presence of delay on multiple contracts the calculation is made for each of them, added up and is the total amount of interest charges.
After calculating the interest claim on outstanding obligations are sent to the partner by registered letter with notification, and if he never responds, the enterprise may apply to the court for bringing an unfair partner to liability and viterbovia his debt.