Penalty - a certain amount of money that is payable by the taxpayer out of time to repay their debts.Regulated by the payment by the relevant tax legislation (Article 75 of the Tax Code).
place among other interest payments
Among such payments as contributions for the security of property, suspension of operations of the various bank accounts, guarantee or seizure of property taxpayers penalties - is the most common way of additional revenues to the budgets of different levels.However, it is an integral part of the arrears and in conjunction with the latter forms a tax payable to the budget.For the calculation of the payment does not need to design additional documents, as opposed to the use of collateral or surety.
procedure for charging penalties
penalty is imposed for each day of the non-fulfillment of its obligations under the payer of taxes.It starts charging of the payment from the next day of the period of payment of the tax established in accordance with applicable tax laws.The interest rate is equal to a certain rate of the Central Bank of Russia, acting on a specific date.
Formula penalties
The value is the sum of interest arrears, multiplied by the number of days of delay and approved of the CBR refinancing rate.
main functions
in the calculations of the above formula can be seen that the penalty not soon reach the size of the tax (in ten years).Despite the continued growth of this payment in a modern specialized literature can be seen the basic functions performed by a penalty: it stimulates and compensation.
The penalty shall be payable at the same time with the amount of other tax payments or after their payment in full.
However, from the perspective of the payer of interest on taxes and duties are not only stimulating nature, but also a punitive, since such business entity is assigned responsibility for the timely transfer of additional amounts in budget.
reasons for non-use penalties
There are cases when late repayment obligations of taxpayers do not incur interest.This is, firstly, a situation where the reason for the lack of payment of a suspension of operations by the court or on the property of a business entity is imposed for any reason for the arrest.In this case, the payment will not be charged for the entire period of imposition of the seizure.Second, if the timely payment of tax obligations is not whether as a result of specific written explanations on the procedure of calculation and payment of taxes and fees, submission of financial or tax state authority within the limits of its competence.Such explanations are submitted directly to the payer of taxes only in writing.Regardless of the date of the formation of the document it should be given a particular fiscal period in which such failure has occurred.
