Penalty for late payment of tax: useful information
Tax Code of the Russian Federationestablishes a general timeframe for the payment of taxes, but that's when exactly pay a fee, each taxpayer determines for himself. However, if the payment is not made before the specified time, penalties for late payment of the tax are charged. This is quite natural, because the famous phrase says: "Pay taxes and you can sleep peacefully!" In addition to charging penalties, more severe measures may be present for late payment of taxes, for example, for organizations this may be a freeze of accounts, for individuals - impartial communication with bailiffs who came to describe your property.
Therefore, if the delay arises fromcircumstances that do not depend on you, and you sincerely regret it, it is better to act "in hot pursuit", that is, independently calculate the amount of penalties and pay, naturally, without forgetting the amount of the tax itself. Payment of tax penalties can be made both with payment of principal amount, and after.
In accordance with the law, a fineis counted daily, starting from the day following the end of the deadline. How to calculate the right amount of penalties for transport tax, for example? In general, the basic calculation formula for all taxes is one. We give a detailed action plan.
- It is necessary to determine the amount of the amount that was notpaid to the budget. If you did not make advance payments, the amount will be the one indicated in the notification. In the case of an incomplete payment of the contribution amount, it is necessary to deduct from the principal amount what has already been paid, and for the remaining amount to consider the late payment of tax.
- Next, you must precisely set the day from whichthe accrual of penalties has begun. In any case, this will be the day that was the last one to pay. The only nuance in this case is a possible transfer in connection with the fallout of the deadline for weekends or holidays. In this case, the payment term is transferred to the nearest business day.
- Do not consider the day on which you are already certain to pay a tax with a fine - as a rule, it does not count.
- It is necessary to determine the refinancing rate for the entire period of delay.
- Finally, the formula itself:
П = Н * Д * СР / 100% * 1/300, where:
P - a penalty fee for late payment of tax;
H - the amount of non-payment or arrears;
D - the number of days that are considered as overdue;
SR - the refinancing rate for the period of non-payment (in%).
By the way, in the case of a court ruling thattaxpayer amount of tax in the reporting period could not be paid for some reason, the penalty will not be charged. Such cases include: arrest of accounts or suspension of transactions on these accounts, seizure of a part or all of the available property of the taxpayer. In these situations, fines and penalties will not accrue during the entire period of the listed circumstances. But the written application for deferral or payment by installments submitted to the tax inspectorate does not stop the charging of penalties.