You will need
- - an application to the court (if you disagree with the charges).
If you have past due payments for taxes, fines, utility or other payments, you will pay penalties for each day overdue payments. In case of untimely payment of wages, vacation pay, calculating termination, the employer may also award to pay the employee penalties for each day of delay of the amount of the debt.
You do not need to produce a separate calculation of the penalty. You will send the receipt with the completed stitching of the penalty, so the formula for the calculation you only need to check the correctness of charging interest.
To check the correctness of the assessed penalty, multiply the amount owed by the number of days of delay and 1/300. To this figure add the main debt you have not paid on time. For example, you have paid a tax of 20 thousand rubles. The delay was 30 days. Multiply 20 thousand to 30 days and divide by 300. You get 2 thousands – this is the amount of a penalty, to which add the principal debt of 20 thousand and make the payment.
To test whether the accrual of penalties for one day of delay, divide 20 thousand on the refinancing rate, i.e. 300. You get 66 rubles 67 kopecks is fine for one day overdue. Multiply this amount by the number of outstanding days, we get the total interest amount.
If you do not agree with what you have added penalty, for example for the reason that you were not informed in time about the required payments, you can dispute the charge in accordance with the law. For this to apply to the court and show evidence that you did not know of the accrued payments or have good cause for untimely payments.
Also, the court can refer the representatives of the organizations that you owe and request to increase the amount of the penalty due to significant material losses due to late payments and to submit a package of evidence supporting damages.
Advice 2: How to charge interest
Prior to the presentation of the requirement about payment of fines, billing, filing a claim should accrue interest. In fact, the calculation reduces to the following formula: (amount of debt) x (rate of interest %) x (number of days of delay).
Determine the amount of the principal debt. The amount of VAT included in this amount.
Define the start date and end date of the period of delay in payment. The start date is the day following the day must be filled with obligation. The end of the period is the actual execution, payment of the debt.
Determine the rate upon which the accrual is made. If the terms of the agreement set the interest rate of the penalty (for example, 0.1% of the outstanding amount per day of delay) or the specific penalties for the day (500 per day) should be governed by that agreement. If such a clause is not in the contract, be guided by norms of the civil code, i.e. charge interest at the refinancing rate.
Determine the amount of penalties for one day of delay. Calculated according to the refinancing rate, it should be remembered that this annual rate. To calculate the interest for one day, in the denominator indicate 360дней.
Determine the total amount of the penalty. To do this, interest for one day multiply the number of days of delay.
If it is a delay in the execution of non-monetary obligations, such as delay in construction, penalties are awarded only in the case where it is established by contract, the total price of the contract.
If multiple contracts, you must calculate separately for each, and then summarize and report the total amount of interest charges.