Algorithm for calculating penalties for tax and insurance payments

How to use the calculator

Instructions for using the penalty calculator

1. All fields are required.
2. Enter the amount owed (the amount of unpaid tax), the day the tax is due, and the day the tax is (or will actually be) paid.
3. Click "CALCULATE". You can save the result with all the calculation details to a doc file.

Please also take into account:

• Use the Today button (circle with a dot) to quickly insert the current date.

Advance tax payments are overdue

In the case where a legal entity is obliged to finance tax payments in advance throughout the tax period, the fulfillment of this obligation is recognized in the same manner as the payment of tax by a legal entity for the period in full.

If advance payments are transferred to the budget late compared to the deadlines established by law, then penalties will be charged for the entire amount of the overdue advance payment.

It is necessary to transfer advance payments for the following types of taxes:

1. income tax. Calculated based on the results of the quarter, half a year and 9 months, based on the amount of taxable profit on an accrual basis and the income tax rate;
2. property tax for legal entities. The advance payment for property tax is calculated using the formula = ¼ (tax rate * average property value for the reporting period). The calculation is made in each reporting period;
3. transport tax for legal entities. The enterprise determines the amount of transport tax payments payable to the budget in advance at the end of the reporting period, based on the formula = ¼ (tax base * tax rate). At the level of a constituent entity of the Russian Federation, the need to transfer advance payments for transport tax can be canceled;
4. land tax of legal entities. Advances must be calculated and paid to taxpayers for which the reporting period is valid - a quarter. Advance payments for land tax are determined based on the results of the reporting period using the formula = ¼ (cadastral value * tax rate).

At the level of a constituent entity of the Russian Federation, the need to transfer advance payments for land tax can be canceled

In the event that the annual financial result of the accrued tax is lower than the total advance payments for which there was a need for payment in the reporting period, then penalties on such advance payments are subject to recalculation downward.

How to choose accounting courses: tips and types. What does a company's financial performance report contain? Article about mandatory audit here:

The role of penalties for individual entrepreneurs

The essence of the concept of “charge of penalties” is to provide government bodies with a guarantee that an individual entrepreneur will fulfill his obligations exactly by the appointed deadline. In legal relations with the state, the amount of the penalty is determined by the laws in force on the territory of the Russian Federation.

A penalty can also serve as security for obligations assumed under an agreement, if we are not talking about the relationship between an individual entrepreneur and the state: in this case, the agreement must be concluded in writing, for example, between two different individual entrepreneurs, or between an individual entrepreneur and an LLC, or between an individual entrepreneur and an individual face.

ATTENTION! The oral conclusion of the contract does not oblige the parties to assign and pay a penalty. The contract must specify exactly the amount of the penalty, otherwise it will not be possible to collect it.

A penalty is an amount of money that must be paid (and which will be collected) in the event that contractual or tax obligations to a counterparty or the state are not fulfilled or are overdue.

The accrual of penalties related to taxation is regulated by the Tax Code of the Russian Federation (Article 75), and in the case of ensuring legal requirements for penalties not specified in the agreement - Art. 395 of the Civil Code of the Russian Federation.

What objects are subject to taxation?

In accordance with Article 401 of the Tax Code of the Russian Federation, the objects of taxation are those objects that are located within the municipality. Such objects include:

• Residential buildings, these include houses and residential buildings that are located on land plots intended for personal farming, country farming, vegetable gardening, gardening, etc.;
• Apartments, rooms;
• garage, parking space;
• single real estate complex;
• unfinished construction project;
• other building, structure, structure, premises.

The property that is located, which is part of the common multi-apartment property, is not subject to taxation.

Penalty amount

These are the funds that should have been deposited, but were not received on time or were only partially paid. Such non-payments or delays in tax relations with government agencies may be:

• missing an advance payment for the next tax;
• late payment of advance tax;
• non-payment of tax in the reporting period;
• tax payment is not made in full or later than the deadline established by law.

If a penalty is established under the contract, the reason for its appointment comes into force as a result of violation of the deadlines for fulfilling the obligations specified in the contract. If the text of the agreement does not stipulate a specific time frame, this does not mean that it is open-ended: you need to use the Civil Code of the Russian Federation, which establishes them in the event of receiving a written demand for payment of debt from the counterparty.

An additional written requirement is a mandatory condition for collecting penalties under the agreement if its text does not indicate the deadline for depositing funds.

The amount of money that turned out to be unpaid on the final date “allowed” by law or contract constitutes the estimated amount on which a penalty will be charged.

Calculation of VAT penalties using an example

Let's look at the calculation of VAT penalties in more detail using an example.

Let’s say Vesna LLC submitted a tax return for the 4th quarter of 2015, the VAT amount is 360,000 rubles. The tax amount was not paid on time, that is, January 25, February 25, March 25. Vesna paid the arrears on April 11, 2021.

Data for calculating the amount of VAT penalties:

• VAT penalties are calculated for each payment deadline - January 25, February 25, March 25;
• refinancing rate is 11%;
• the amount of arrears for each payment period is 120,000 rubles. (360,000.00 / 3 = 120,000 rub.)

We present the calculation of the VAT penalty in the form of a table:

Postings for reflecting VAT penalties in accounting:

Time for calculating penalties

The first day from which the penalty will start to accrue will be the date on which the obligations became overdue. The date determined by law or contract is the last day on which you can still fulfill your financial obligations without risking additional penalties.

FOR YOUR INFORMATION! If the next day after the established date turns out to be a non-working day - a public weekend or holiday, then the onset of obligations will be considered the next next working day. If the final date itself falls on a weekend, then the debtor is allotted one more working day - the next day after the weekend.

FOR EXAMPLE. Advance payment must be made by the 15th day of the month following the end of the quarter. Let's say April 15 (the final date for the first quarter) falls on a Sunday. In this case, payment on April 16 will not be a violation of the deadlines; the accrual of penalties is legal only starting from April 17.

Calculation formula

The rule by which the penalty is calculated is stated in Article 75 of the Tax Code (paragraphs 2-7). Coverage of the penalty occurs simultaneously with the repayment of the debt, or after (clause 5). That is, the first payments go towards the tax deduction itself, after which the penalty is paid.

The forced collection of not only the debt, but also a fine on it (clause 6) is provided. Through the court, an organization or individual entrepreneur can be recovered not only from funds, but also from various property of the taxpayer or precious metals on his bank deposit.

The formula for calculating the interest rate is determined by clause 4.Article 75 of the Tax Code. There are two cases:

• for individuals and individual entrepreneurs, the Central Bank refinancing rate is 1/300 throughout the entire accrual period;

Amount of penalty = amount of tax (advance payment, insurance premium) * number of overdue days * 1/300 * Central Bank rate (at the time of delay)

• for legal entities and commercial organizations, the first 30 days of penalties are calculated at 1/300 of the Central Bank key rate, from 31 – 1/150.

If the delay is less than 30 days, the penalty is calculated using the above formula. If more than a month, then according to the following:

Amount of penalty = amount of tax (fully or partially unpaid) * 30 * 1/300 * key rate of the Central Bank (at the time of delay) + amount of unpaid tax * number of days (starting from 31) * 1/150 * key rate of the Central Bank.

According to the legislative innovation, the penalty is also calculated for the date when the penalty is paid (clause 2 of Article 75). Until 2021, the day of payment was not taken into account.

Clause 4.1 establishes the accrual period for the tax period:

• 2015 – accruals are made from 05/01/2017;
• 2016 – starting from May 1, 2018;
• 2017 – from May 1, 2019

Examples of calculating tax penalties.

1. In December, the individual entrepreneur did not pay social contributions to the Social Insurance Fund in the amount of two thousand rubles. The key rate of the Central Bank until December 14, 2018 is 7.5%, from December 14, 2018 to March 14, 2019 – 7.75%.

Calculation:

2000*14 (number of days until December 14)*7.5%*1/300 + 2000*26 *7.75%*1/300 = 7 + 13.43 = 20.43 rub.

1. The LLC paid VAT for the 3rd quarter of 2021 with delays, as can be seen from the table.

Last payment deadline Actual date Tax amount Number of days overdue

*payment day is included in the calculation of penalties from December 2021

The key rate of the Central Bank from June 17 to September 14 was set at 7.25%, from September 14 - 7.5%.

Calculation:

30000*6*7.25%*1/300 = 43.5 rub.

28000*10*7.25%*1/300 = 67.67 rub.

32000*15*7.5%*1/300 = 120 rub.

The total amount of penalties for three months of delay was 43.5 + 67.67 + 120 = 231.17 rubles.

1. A commercial organization is overdue in paying 1.5 million rubles from income to the Federal Tax Service. from September 15 to October 27, 2021

Calculation:

1500000*30*7.5%*1/300 + 1500000*12 (from 31 days)*7.5%*1/150 = 11250 + 9000 = 20250 rub.

When will the unpaid penalty no longer be required?

The deadline for collecting penalties is determined by law. It constitutes the time during which unpaid debt and penalties can be collected in court.

Art. 48 of the Tax Code of the Russian Federation allows a six-month period (6 months) for compensation of fines in court from the moment a tax claim is made. After the expiration of these months, the claim period for claiming penalties under a court decision expires. Art. 59 of the Tax Code of the Russian Federation considers such tax debts to be hopeless.

IMPORTANT! If the six-month period for demand is missed for valid reasons, the court may extend it.

What is a penalty for non-payment of property taxes and how to calculate it

A penalty for non-payment of property tax is a monetary penalty, which is assessed in accordance with the law, for tax arrears if the deadlines for its payment are violated.

The calculation of penalties is carried out according to the formula determined by the Tax Code of the Russian Federation, taking into account the established refinancing rate at the current moment.

If a taxpayer is late in paying property taxes, then the tax service sends him demands for repayment of the existing debt, which indicates the amount, payment deadline and what sanctions will be taken if this demand is not paid.

The amount of the penalty is calculated using the formula:

Penalty = (Unpaid tax amount * refinancing rate / 300) * Number of days of stitching

Accruals stop accruing only when the overdue payment is repaid. For example, the tax must be paid before December 1, but the taxpayer, for certain reasons, did not pay the required amount until November 30 inclusive. This means that from December 1, penalties begin to accrue. It will be accrued until the tax debt is paid in full.

Consider this example, the tax payment is 10 thousand rubles, and the taxpayer paid it on December 11, that is, he was 10 days late. The refinancing rate is 8.25%.

The calculation of the penalty is as follows: 10,000*8.25/300*10=27.50 rubles.

The taxpayer must pay a penalty in the amount of 27.50 rubles.

Determining the amount of the penalty

The penalty, unlike many other monetary obligations, is never set in a fixed monetary form. The penalty is always a percentage established by law or agreed upon by the parties on the amount not paid on time. In this case, the key rate, equal to the refinancing rate established by the Central Bank of the Russian Federation, is of decisive importance. Its size is indicated on the official website of the Central Bank (for 2021 it is 10%), and a separate page on our website is dedicated to this rate.

For each day of delay, one of the shares of the Central Bank key rate is usually charged:

• one three-hundredth part (this is what our calculator calculates);
• 1 : 150;
• 1: 130.

When calculating penalties under the contract, a percentage ratio to the amount of non-payment in case of delay is established.

FOR YOUR INFORMATION! The limits of the minimum or maximum penalty have not been established, but if you have to go to court to protect your rights, and it considers the amount disproportionate, then it will have the right to reduce it (Article 333 of the Civil Code of the Russian Federation) upon filing a corresponding application from the defendant. Until 2011, the court had the right to take such actions on its own initiative.

The concept of “penalties on insurance premiums”

In cases where an organization or individual entrepreneur does not fulfill its obligations to pay insurance premiums, the supervisory authority has the authority to charge additional amounts of money until the debt is paid.

So, here we should highlight penalties, which mean an additional fee established for each day of delay. A special feature of penalties is that they are accrued daily until the organization or individual entrepreneur fulfills its obligations.

Reference! Penalties should be distinguished from fines. A fine is a financial sanction in the form of forced collection of a certain amount of money in case of failure to comply with legal requirements. After the fine is issued, its amount does not increase and remains constant.

The decision to apply penalties against contribution payers is made by the supervisory authority. Previously there were several of them. Thus, pension insurance contributions were administered by the Pension Fund of Russia (PFR), medical contributions by the Compulsory Medical Insurance Fund (MHIF), and social contributions by the Social Insurance Fund (FSS).

However, today the functions of administering incoming contributions are assigned to the Federal Tax Service (FTS) . It is this body that imposes financial sanctions on unscrupulous payers. Contributions for injuries are still administered by the Social Insurance Fund.

Postings for penalties in BU and NU

All expenses incurred by a legal entity for the payment of penalties, fines and other things to the budget (to extra-budgetary funds) are taken into account as non-acceptable for tax purposes.

In accounting, when calculating such expenses, the following entries are made:

• DT 99 CT 68 – an entry is made to accrue the amount of penalties due to late payment of tax or an advance payment thereon.
• DT 99 KT69 – an entry is made to accrue the amount of penalties due to late payment of the insurance premium

When reflecting penalties in accounting and tax accounting, the temporary difference is not detected, because the calculation of penalties does not have any impact on the final amount and size of the tax base.