A penalty is a sum of money thatis payable by a taxpayer who has not repaid his debts on time. This payment is regulated by the relevant tax legislation (Article 75 of the Tax Code of the Russian Federation).
Penalty among other payments
Among such payments as contributions for pledgeproperty, suspension of various operations on bank accounts, bail or seizure of property of payers, default interest is the most common way of additional receipts to budgets of various levels. At the same time, it serves as an integral part of the arrears and, in conjunction with the latter, forms a tax debt to the budget. To charge this payment, you do not need to issue additional documents, in contrast to the use of collateral or sureties.
The procedure for charging penalties
Penalty is charged for each calendar day atnon-fulfillment of the taxpayer's obligations to pay taxes. The calculation of this payment begins from the next day of the term of tax payments established in accordance with the current tax legislation. The interest rate is equal to a certain part of the CBR rate that is valid for a specific date.
The penalty formula
The penalty amount is equal to the amount of arrears multiplied by the number of days of delay and the approved part of the refinancing rate of the Central Bank of the Russian Federation.
Main functions
When calculating the formula, you canto see that the fine will not reach the amount of tax soon (in ten years). Despite such a prolonged growth of this payment, in the modern specialized literature one can see the main functions performed by the penalty: it is stimulating and compensatory.
The penalty is payable simultaneously with the amount of other tax payments or after they are paid in full.
However, from the position of the payer, tax penalties andThe fees are not only stimulating, but also punitive, since such an economic agent is charged with the timely transfer of additional amounts to the budget.
Reasons for not applying penalties
There are cases when, in an untimelyrepayment of obligations to the taxpayer is not charged penalties. This, firstly, the situation where the reason for the lack of payment is the suspension of operations by a court decision, or the property of the business entity is imposed for some reason, the arrest. In this case, this payment is not charged for the entire period of the imposition of such arrest. Secondly, if timely payment of tax liabilities is absent due to receipt of specific written explanations on the procedure for calculating and paying taxes and fees submitted by the financial or tax state body within its competence. Such explanations are submitted directly to the payer of taxes only in writing. Regardless of the date of the formation of this document, it must specify the specific tax period in which such non-payment occurred.
