Postings for calculating interest for the use of other people's funds

Accounting for penalties in accounting

In accordance with the Chart of Accounts (), the amounts of tax penalties due are reflected in the debit of account 99 “Profits and losses” in correspondence with the account for accounting settlements with the tax budget.

Therefore, if an organization was assessed penalties on taxes, then the accounting entry will be as follows:

Debit account 99 - Credit account 68 “Calculations for taxes and fees”

Moreover, since analytical accounting for account 68 is carried out by type of tax, the credit of this account indicates the type of tax for which penalties were accrued.

So, when calculating penalties for value added tax, the posting will be as follows:

Debit account 99 - Credit account 68, sub-account “VAT”

Accordingly, the transfer of the amount of accrued penalties will be reflected in the accounting entry:

Debit account 68, sub-account “VAT” - Credit account 51, etc.

And when calculating penalties for tax under the simplified tax system, the accounting entry, accordingly, will be:

Debit of account 99 - Credit of account 68, subaccount “USN”

When calculating penalties on contributions, accounting entries will also consist of a debit to account 99, but for a loan you need to indicate account 69 “Calculations for social insurance and security”

Postings for accrual and payment of state duties in accounting

Every business enterprise sooner or later faces the need to pay state duty and reflect it in accounting. It is important to correctly reflect the state duty in accounting entries.

State duty is a fee charged by government agencies for carrying out legally significant actions: licensing, registration and judicial procedures, notarial actions.

Procedure for payment and accounting of expenses for payment of state duties

Accounting for state duties is regulated by Article 13 and Chapter. 25.3 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation).

Payers of duties can be individuals and legal entities. Moreover, in the case of payment of a duty by a legal entity, the state duty for accounting purposes relates to fees and is subject to accounting in a dedicated sub-account of account 68 “Calculations for taxes and fees”.

Article 333.

18 of the Tax Code of the Russian Federation establishes deadlines and features for the payment of duties depending on the categories of payer and the type of actions performed; in articles 333.19-333.

39 indicates the amount of state duties levied when carrying out specific legally significant actions, as well as the grounds for providing benefits.

Accounting for state duties in accounting

The need to pay state duty may vary:

1. Acquisition of assets (property and non-property rights), including those used over several periods. For example, obtaining a subsoil use license; acquisition of a trademark or real estate.

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In this case, the state duty is included in the cost of the property and is reflected in accounting on the basis of primary documents: an agreement, a bill of lading for the purchased property, as well as a receipt for payment of the state duty). Calculation of the state duty for posting Dt 08 Kt 68 on the date of formation of the initial cost of the asset.

Please note that in tax accounting this transaction is reflected on the date of property registration.

2. Carrying out operations related to the normal (main) activities of the organization in accordance with clause 5 of PBU 10/99. For example, obtaining information from the Unified State Register of Legal Entities; registration of statutory documents.

Such transactions are reflected in accounting on the basis of a receipt for payment of the duty by posting Dt 20 (26.44) Kt 68.

3. Carrying out operations not directly related to the normal activities of the company. For example, registration of one-time contracts reflecting transactions that are atypical for a legal entity.

In this case, the state duty is reflected by posting Dt 91.2 Kt 76. Moreover, the procedure for accounting for such state duties must be reflected in the accounting policy.

Penalties under contracts

When calculating penalties in accounting, the entries may be different if we are not talking about a violation of tax laws, but about non-fulfillment of the terms of business agreements concluded between counterparties.

After all, sanctions for violation of the terms of the contract (fine, penalty, penalty, etc.) are other income or expenses, depending on whether these amounts are due for accrual or payment (clause 7 PBU 9/99, clause 11 PBU 10 /99). Therefore, in the entries for calculating penalties for late payments under the contract, it will not be account 99, but account 91 “Other income and expenses” (Order of the Ministry of Finance dated October 31, 2000 No. 94n).

Thus, for the penalties due for late payment under the posting agreement, the debtor will have the following:

Debit of account 91 “Other income and expenses”, sub-account “Other expenses” - Credit of account 76 “Settlements with various debtors and creditors”, sub-account “Settlements on claims”

And, for example, for penalties due to the lessor under a leasing agreement, the following entry must be reflected:

Debit of account 76 - Credit of account 91, subaccount “Other income”

In accordance with clause 4 of PBU 10/99 “Expenses of the organization” (hereinafter referred to as PBU 10/99), expenses, depending on their nature, conditions of implementation and areas of activity of the organization, are divided into: - expenses for ordinary activities; - other expenses. Expenses for ordinary activities are expenses associated, in particular, with the manufacture and sale of products, the acquisition and sale of goods, the performance of work, and the provision of services (clause 5 of PBU 10/99). Expenses other than expenses for ordinary activities are considered other. Expenses in the form of rent can be taken into account by the organization both as part of expenses for ordinary activities, and as part of other expenses, depending on the use of the leased property. In the situation under consideration, the organization will have to incur expenses that represent the repayment of debt in the form of overdue rent based on a court decision. In this regard, these expenses in the form of payment of the principal amount must be reflected as part of other expenses using account 91 “Other income and expenses” in correspondence with account 76 “Settlements with various debtors and creditors”, subaccount “Settlements on claims”. According to clause 12 and clause 14.2 of PBU 10/99, compensation for losses caused by the organization is accepted for accounting in amounts awarded by the court or recognized by the organization. Moreover, in accordance with clause 18 of PBU 10/99, expenses are recognized in the reporting period in which they occurred, regardless of the time of actual payment of funds and other form of implementation (assuming the temporary certainty of the facts of economic activity). Therefore, the necessary accounting entries must be reflected on the date the court decision entered into legal force:

— 1,393,203.52 rub. — an expense is recognized in the form of overdue rent. As the debt is repaid, the following entry will need to be made in the accounting records:

— 100,000 rub. — the amount was transferred (partially) to pay off the debt.

Accounting for state duty

Legal expenses in the form of state fees, incurred by the plaintiff and subject to recovery by decision of the arbitration court from the defendant, on the date of entry into force of the court decision are attributed by the plaintiff to other income and are reflected by an entry on the credit of account 91 in correspondence with the debit of account 76 “Settlements with various debtors and creditors "(clause 7 of PBU 9/99 “Income of the organization”). Accordingly, in the accounting of the defendant, the amounts of compensation for legal costs paid to the plaintiff are classified as other expenses and are reflected in the accounting also on the date the court decision enters into force. The entries to reflect the amount of the refunded state duty will be similar to the entries made in the accounting to reflect the recognition of expenses in the form of overdue rent: Debit 91, subaccount “Other expenses” Credit 76, subaccount “Settlements on claims” - 26,932.04 rubles. - an expense is recognized in the form of a state duty, subject to recovery by court decision. On the date of debt repayment, the following entry will need to be made in accounting: Debit 76, subaccount “Settlements of claims” Credit 51 - 26,932.04 rubles. — the amount of state duty is transferred.

How is the amount of a penalty for violation of contractual obligations paid to the counterparty on the basis of a court decision reflected in the organization’s accounting?

The organization's counterparty filed a claim for payment of a penalty in the amount of 300,000 rubles. for violation of contractual obligations. The organization did not recognize the claim, citing the refusal by the fact that the violation of the terms of the contract occurred for reasons beyond the control of the organization. The counterparty filed a corresponding claim in court. According to experts, the court will decide to collect from the organization at least 280,000 rubles. up to 320,000 rub. (equally likely). The court made a decision to recover 300,000 rubles from the organization in favor of the counterparty. Based on a court decision that has entered into legal force, the funds to be collected are transferred to the counterparty. For the purposes of tax accounting of income and expenses, the organization uses the accrual method.

Deductions based on writs of execution

Authors: Olga Volkova , expert of the Legal Consulting Service GARANT

Anna Mazukhina , expert of the Legal Consulting Service GARANT

When receiving a writ of execution for an employee, you need to remember what types of income cannot be levied against, take into account the maximum possible percentage of withholding under the writ of execution and the order of repayment of several writs of execution.

A closed list of types of income that cannot be levied is established in Article 101 of Law No. 229-FZ; For all other types of income not mentioned in this list, deduction can and should be made. In particular, the types of income that cannot be recovered under a writ of execution include: benefits to citizens with children paid from the federal budget, state extra-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets (clause 12 of Art. 101 of Law No. 229-FZ); compensation payments in connection with a business trip, with transfer, employment or assignment to work in another locality, in connection with the wear and tear of a tool belonging to the employee, as well as amounts of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage, if such payments are established by the labor legislation of the Russian Federation (clause 8 of article 101 of Law No. 229-FZ).

Thus, deductions are made from amounts of financial assistance, wages (including bonuses, payments for overtime and work on days off, bonuses for rotational work, etc.), temporary disability benefits, vacation pay, compensation for food, gasoline, for the use of personal transport, voluntary medical insurance of an employee, severance pay upon dismissal, average earnings for the period of employment in case of staff reduction, etc. From daily allowance and compensation for other expenses that the employee incurs in connection with being sent on business trips, as well as benefits for pregnancy and childbirth, for child care and in connection with the birth of a child, deductions are not made according to writs of execution.

Amount of deductions under the writ of execution and priority of requirements

The total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws, 50 percent of wages due to the employee. When serving correctional labor, collecting alimony for minor children, compensation for harm caused to the health of another person, compensation for harm to persons who suffered damage in connection with the death of the breadwinner, and compensation for damage caused by a crime, the amount of deductions from wages cannot exceed 70 percent (Article 138 Labor Code of the Russian Federation, Article 99 of Law No. 229-FZ).

For example, if an employee has received several writs of execution, one of which is related to the collection of child support, the 70% limit on deductions from the employee’s wages applies only to this writ of execution, and for deductions under other writs of execution, a 50% limit on the amount of deductions applies .

It should also be remembered that if there are several sheets, the employer is obliged to take into account the order in which the requirements are met (Part 1, Article 111 of Law No. 229-FZ). According to this rule, for example, claims for the collection of alimony are satisfied in the first place, claims for the collection of arrears of taxes - in the third place, and claims for compensation for material damage caused as a result of an accident - in the fourth place.

At the same time, when distributing each amount of money collected from the debtor, the demands of each subsequent queue are satisfied after the requirements of the previous queue are satisfied in full (Part 2 of Article 111 of Law No. 229-FZ). If it is impossible to satisfy all the requirements of one queue in full, they are satisfied in proportion to the amount due to each claimant specified in the executive document (Part 3 of Article 111 of Law No. 229-FZ).

This is important to know: Calculation of the state duty for a court order for debt collection

Deductions based on writs of execution in accounting

In accounting, deductions from an employee’s wages on the basis of a writ of execution are reflected by entries in the credit of account 76 “Settlements with various debtors and creditors”, and it is advisable to open a separate sub-account, for example, “Settlements under writs of execution”. This sub-account should be recorded in the working chart of accounts, which is an integral part of the organization’s accounting policy (clause 4 of PBU 1/2008, approved by order of the Ministry of Finance of Russia dated October 6, 2008 No. 106n).

Debit 70 Credit 76 subaccount “Calculations based on writs of execution” - deductions were made from the employee’s wages on the basis of a writ of execution;

Debit 76 subaccount “Settlements under writs of execution” Credit 50 (51) - the withheld amount was paid to the claimant.

The amount of the payer's debt to the employer, which arose in connection with the transfer of the collected amounts to their recipient, is recognized as an expense for carrying out enforcement actions (clause 3, part 2, article 116 of Law No. 229-FZ). The specified expenses associated with deductions under executive documents (for example, postal fees, fees to the bank for transferring funds) are reflected in the accounting accounts with the following entries:

Debit 70 Credit 76 subaccount “Expenses associated with deductions under writs of execution” - expenses associated with deductions under writs of execution are deducted from wages;

Debit 73 subaccount “Calculations for reimbursement of expenses for alimony” Credit 76 subaccount “Expenses for payment of alimony” - the amount of expenses subject to reimbursement is taken into account.

This debt can be reimbursed by the employee voluntarily or forcibly collected on the basis of a resolution of the bailiff approved by the senior bailiff or his deputy (Part 3 of Article 117 of Law No. 229-FZ). In the first case, the employee can deposit the required amount into the cash register or transfer it to the employer’s bank account, and the following entry is made in the accounting records:

Debit 50 (51) Credit 73 subaccount “Calculations for reimbursement of expenses for alimony” - the amount of expenses to be reimbursed to the employer is entered.

The following entries are made in relation to these transactions:

Debit 70 Credit 76 subaccount “Settlements under writ of execution (collection of alimony for a minor child)” – 2610 rubles. — alimony was collected according to the writ of execution;

Debit 70 Credit 76 subaccount “Settlements under writ of execution (collection of tax debts)” – 2610 rubles. — part of the collected tax debt is withheld;

Debit 76 subaccount “Calculations on writs of execution (collection of alimony for a minor child)” Credit 50 (51) – 2610 rubles. — the withheld amount is paid to the claimant;

Debit 76 subaccount “Settlements on writs of execution (collection of tax debts)” Credit 50 (51) – 2610 rubles. — the withheld amount is paid to the claimant.

Bank collections belong to the fourth stage, and compensation for damage caused by a crime - to the first.

If the amount is insufficient, claims with a different priority (repayment of tax and loan debts) will not be satisfied this month.

Accounting

Fines, penalties, penalties for violation of the terms of contracts are recognized as other expenses of the organization and are accepted for accounting in amounts awarded by the court or recognized by the organization (clauses 11, 14.2 of the Accounting Regulations “Expenses of the Organization” PBU 10/99, approved by Order of the Ministry of Finance Russia dated 05/06/1999 N 33n). In the situation under consideration, the organization voluntarily did not recognize the claim, and therefore the counterparty filed a corresponding claim in court. If there is legal proceedings against the organization (including the collection of funds from the organization), an assessment is made of the likelihood of a court decision not in favor of the organization. If such a probability is considered high and the amount to be recovered can be reliably estimated (based on the amounts that can be recovered from the organization by court decision), the organization recognizes an estimated liability. This follows from paragraphs 4, 5 of the Accounting Regulations “Estimated liabilities, contingent liabilities and contingent assets” (PBU 8/2010), approved by Order of the Ministry of Finance of Russia dated December 13, 2010 N 167n. The estimated liability is recognized in the accounting records of the organization in the amount reflecting the most reliable monetary estimate of the expenses necessary to settle this liability (clause 15 of PBU 8/2010). In this case, according to experts, the amount to be recovered will be (with equal probability) from 280,000 rubles. up to 320,000 rub. Consequently, the amount of the estimated liability is determined on the basis of paragraphs. “b” clause 17 of PBU 8/2010 as the arithmetic average of these amounts, i.e. will be 300,000 rubles. For accounting purposes, the estimated liability in relation to the amount of the penalty payable by court decision is recognized as another expense and is reflected in the debit of account 91 “Other income and expenses”, subaccount 91-2 “Other expenses”, and the credit of account 96 “Reserves for future expenses” " This follows from the provisions of clause 8 of PBU 8/2010, clause 11 of PBU 10/99, as well as the Instructions for the application of the Chart of Accounts for accounting and financial and economic activities of organizations, approved by Order of the Ministry of Finance of Russia dated October 31, 2000 N 94n. To record calculations for payable penalties, account 76 “Settlements with various debtors and creditors” can be used (a separate sub-account “Settlements for payment of penalties for violation of contractual obligations”) (Instructions for using the Chart of Accounts). On the date the court decision enters into legal force, the organization’s accounting in accordance with clause 21 of PBU 8/2010 reflects the occurrence of accounts payable in the amount subject to recovery by court decision and the write-off of a previously recognized estimated liability. In this case, an entry is made in the debit of account 96 in correspondence with the credit of account 76 (Instructions for using the Chart of Accounts). The accounting entry for payment of the amount of the penalty to the counterparty is shown in the following table of entries.

Accounting for legal costs and penalties

If legal proceedings do not attract, then for peace of mind it is better to charge VAT. Attention! The government believes that the supplier must pay VAT on the penalty. Repayment of debt under writs of execution Sometimes it happens that you have to receive debt from the debtor under a writ of execution. This is a rather complicated process, since you have to contact the bailiff service. Often, defendants do not agree with the court order and are unwilling to pay the debt voluntarily.

Application of PBU 18/02

When expenses are recognized in accounting in the form of the amount of an estimated liability arising in connection with a legal proceeding, a deductible temporary difference (DTD) and a corresponding deferred tax asset (DTA) arise in the organization's accounting. On the date of recognition of the expense in tax accounting in the form of an amount subject to recovery from the organization by court decision, the above-mentioned VVR and ONA are repaid. This follows from paragraphs 11, 14, 17 of the Accounting Regulations “Accounting for calculations of corporate income tax” PBU 18/02, approved by Order of the Ministry of Finance of Russia dated November 19, 2002 N 114n, taking into account the explanations given in Interpretation R82 “ Temporary differences in income tax” (approved by the Accounting Methodological Center on October 15, 2008).

M.S. Radkova Consulting and Analytical Center for Accounting and Taxation

The accrual of penalties under a contract - we will consider postings for such transactions below - is a fairly common procedure in commercial relations. The procedure for accounting for such penalties depends on many factors: the organizational and legal status of the party to the agreement, the type of agreement, the taxation system - we will study them in more detail.

What is a penalty as an accounting object?

A penalty is a penalty determined by law or contract for failure to fulfill obligations by one party to the agreement to the other (others). From an accounting point of view, it is legitimate to consider a penalty:

• other income of the receiving party (clause 7 of PBU 9/99);
• other expenses of the obligated party (clause 11 of PBU 10/99).

Penalties as income are reflected in accounting in the reporting period in which the title documents on the basis of which the penalty was formed appeared. Such a document could be, for example, a court decision or a bilateral act of the parties to the agreement (clause 16 of PBU 9/99). The penalty as income or expense must be reflected in the balance sheet before the actual settlements of the parties (clause 76 of the regulations by order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n).

The main accounting account for generating entries for penalties is 76. Let's study how it and its subaccounts are used to reflect transactions related to the payment of a penalty by a business entity (or its receipt of corresponding income from a counterparty).

How are fines (penalties) paid by the obligated party to the contract reflected in accounting?

The party to the contract, which is obliged to compensate the counterparty for losses by paying a penalty, will generate the following entries:

• Dt 91.2 Kt 76 (the penalty was recognized on the basis of a title document);
• Dt 76 Kt 51 (the penalty is transferred within the time limits specified by law or contract).

If the penalty is paid to an individual in cash, this will be reflected by the posting: Dt 76 Kt 50.

In cases provided for by law, when making settlements with an individual, not only the penalties paid - fines (penalties) are reflected in the accounting records, but also the taxes and contributions accrued on them.

So, if the recipient of the penalty is an individual who is not registered as an individual entrepreneur, then the following correspondence may additionally be drawn up:

1. When the penalty arose within the framework of legal relations under an agreement, payments under which are subject to insurance premiums (for example, under a civil process agreement for the performance of work by an individual):

• Dt 76 Kt 68 (personal income tax charged for a penalty);
• Dt 68 Kt 51 (NDFL paid);
• Dt 91.2 Kt 69 (contributions are calculated for the amount of the penalty - pension and medical, in accordance with subparagraph 1, paragraph 1, article 420 of the Tax Code of the Russian Federation);
• Dt 69 Kt 51 (dues paid).

1. When the penalty arose within the framework of other legal relations:

• Dt 76 Kt 68 (personal income tax charged);
• Dt 68 Kt 51 (NDFL paid).

An example of such a penalty is compensation to an individual under a shared construction agreement (letter of the Ministry of Finance of Russia dated September 15, 2017 No. 03-04-06/59629). Contributions for this type of penalty are not charged.

In both of these cases, personal income tax must be paid no later than the next day after the calculations are made (clause 6 of Article 226 of the Tax Code of the Russian Federation). Contributions, if any, are made, as usual, by the 15th day of the month following the date in which the payments were made.

Penalty under an employment contract: how to take into account personal income tax and contributions?

If we are talking about the payment of a penalty to an individual under an employment contract (in the general case - in connection with a delay in wages), then other entries will be reflected in the accounting records:

• Dt 91 Kt 73 (the employer's penalties to the employee for wages have been accrued);
• Dt 73 Kt 51 or 50 (penalties paid).

The use of entries, which in turn are associated with the calculation of personal income tax and social contributions for penalties under employment contracts, is characterized by certain nuances.

A penalty under an employment contract is not subject to personal income tax if it is accrued within the limits established by the provisions of Art. 236 Labor Code of the Russian Federation. This is stated in paragraph 3 of Art. 217 of the Tax Code of the Russian Federation and is confirmed by the Ministry of Finance of Russia in letter dated February 28, 2017 No. 03-04-05/11096.

Don't know your rights?

If a collective agreement or a specific employment contract establishes higher standards, then personal income tax is also not charged on interest. But if such standards are not established at the enterprise, then when a higher compensation is actually paid, personal income tax is charged on the difference between this compensation and the standards prescribed in the Labor Code of the Russian Federation (letter of the Ministry of Finance of Russia dated November 28, 2008 No. 03-04-05-01/450).

Contributions for penalties under an employment contract are generally always accrued (letter of the Ministry of Labor of Russia dated April 27, 2016 No. 17-4-OOG-701). Although in judicial practice there are also opposing positions (for example, Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 10, 2013 No. 11031/13). But strictly speaking, according to the letter of the law, contributions must be calculated and, in order to avoid legal disputes, it is recommended.

If you need to reflect personal income tax on a contractual penalty, the following entries apply:

• Dt 73 Kt 68 (personal income tax withheld for a penalty);
• Dt 68 Kt 51 (NDFL paid).

Insurance premiums are reflected in the same entries as in the case of a civil contract.

Write-off from the account by court decision

And therefore they are faced with malicious debtors among them.

When all attempts to resolve this situation have been exhausted, the company's management has no choice but to go to court to collect the debt.

Let's consider a situation where the court made a decision in favor of the creditor and, in addition to the debt, ordered the debtor to return legal costs and imposed a penalty.

Attention The Presidium of the Supreme Arbitration Court of the Russian Federation thinks the same way.

Therefore, if the amount is large, it is worth starting a dispute with the tax office.

If legal proceedings do not attract, then for peace of mind it is better to charge VAT.

How to take into account the penalty for the entitled party?

In turn, the party that receives the counterparty’s penalty under the contract will reflect the following entries in the accounting records:

• Dt 76 Kt 91.1 (the penalty was recognized by the court or the parties in accordance with the supporting document);
• Dt 51 Kt 76 (the penalty is credited to the company’s current account).

Note that according to account 76, it makes sense for the authorized party (by the way, as well as the obligated party) to use a separate sub-account to account for penalties and other penalties under civil contracts - 76.2.

Separate nuances characterize the establishment of the company’s obligation to charge VAT on the received penalty (if the taxpayer works under the OSN). This issue is highly controversial. It will be useful to familiarize yourself with the arguments for and against the calculation of VAT in legal relations involving the formation of a penalty.

Penalty and VAT: should tax be charged?

There are 2 opposing points of view regarding this issue:

1. VAT must be charged because, in accordance with subparagraph. 2 p. 1 art. 162 of the Tax Code of the Russian Federation, the tax base for VAT is formed from any amounts that are associated with payment for goods sold (and there is no obvious reason to consider the amount of the penalty as an exception).
2. There is no need to charge VAT, since the agreement on penalties in accordance with Art. 331 of the Civil Code of the Russian Federation is drawn up separately from the main agreement of the parties. Therefore, the penalty should not be associated with payment for goods (letter of the Ministry of Finance of Russia dated 06/08/2015 No. 03-07-11/33051).

If we talk about the type of penalty accrued on the basis of Art. 317.1 of the Civil Code of the Russian Federation (on interest for illegal withholding of funds), the Ministry of Finance allows VAT to be charged on the amount of such a penalty if there is a connection between it and payment for goods, without explaining the specific criteria for establishing the fact of such a connection (letter from the Ministry of Finance of Russia dated 03.08.2016 No. 03-03-06/1/45600).

Thus, the taxpayer determines whether or not to charge VAT. If there is objectively no reason to consider the penalty related to the receipt of payment for the goods, no tax is charged.

But if the company believes otherwise, then VAT transactions will be reflected (by the authorized party) in the accounting registers using the following entries:

• Dt 91.2 Kt 76 (sub-account “VAT”) - VAT is charged on the amount of the calculated penalty;
• Dt 76 Kt 68 - VAT is charged on the amount of the penalty received;
• Dt 68 Kt 51 - VAT on the penalty has been paid.

The penalty under the contract can be written off by the entitled party. Let's study which entries reflect this in accounting.

Interest on the use of other people's funds

Article 395 of the Civil Code of the Russian Federation provides for liability for failure to fulfill a monetary obligation. According to paragraph 1 of Art.

395 of the Civil Code of the Russian Federation for the use of someone else’s funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment.

To apply the provisions of Art. 395 of the Civil Code of the Russian Federation in practice it is necessary to determine:

1. the moment when interest begins to accrue;
2. end date for interest accrual;
3. interest rate;
4. calculation procedure.

The moment when interest begins to accrue for the use of other people's funds

According to the general rule for calculating deadlines, the accrual of interest for the use of other people's funds begins the next day after the calendar date when the obligation should have been fulfilled (Article 191 of the Civil Code of the Russian Federation).

Let's look at the example of a promissory note. The Borrower took a sum of money from the Lender and undertook to return it on March 31, but did not fulfill his obligation.

The receipt does not contain conditions on the accrual of penalties for violating the loan repayment deadline.

Consequently, the Lender has the right to demand interest from the Borrower for the use of other people's funds, starting from April 1, that is, the next day after the calendar date when the debtor was supposed to repay the debt.

The end date for the accrual of interest for the use of other people's funds

According to paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation of October 8, 1998

N 13/14 interest is accrued until the moment of actual fulfillment of the monetary obligation , determined on the basis of the conditions on the procedure for payments, the form of settlements and the provisions of Article 316 of the Civil Code of the Russian Federation on the place of fulfillment of the monetary obligation, unless otherwise established by law or agreement of the parties.

Let's look at our example with a promissory note. The Borrower repaid the debt to the Lender on April 30. Consequently, the Lender has the right to claim interest accrued during the period from April 1 to April 30.

Interest rate for using someone else's money

According to paragraph 1 of Article 395 of the Civil Code of the Russian Federation, the amount of interest is determined by the bank interest rate existing at the place of residence of the creditor, and if the creditor is a legal entity, at its location, the discount rate of bank interest on the day of fulfillment of the monetary obligation or its corresponding part.

The Civil Code of the Russian Federation does not contain a definition of the concept of “bank interest rate”. To resolve numerous disputes, paragraph 51 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated July 1, 1996.

N 6/8 “On some issues related to the application of part one of the Civil Code of the Russian Federation” establishes that interest is payable in the amount of the uniform discount rate of the Central Bank of the Russian Federation on credit resources provided to commercial banks (refinancing rate).

It follows from this that the amount of interest for the use of other people's funds is equal to the refinancing rate in effect at the time of fulfillment of the obligation . Information on the size of the refinancing rate, as well as the history of its changes, can be found on the website of the Central Bank of the Russian Federation.

When a creditor files a claim in court to collect a debt, interest may be accrued based on the refinancing rate on the day the claim was filed or on the day the decision was made.

The best option for the lender would be to calculate interest for the use of someone else's money based on the refinancing rate at the time the claim is filed in court.

The procedure for calculating interest for the use of other people's funds

According to the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated October 8, 1998 N 13/14, when calculating the annual interest payable at the refinancing rate of the Central Bank of the Russian Federation, the number of days in a year (month) is taken equal to 360 and 30 days, respectively.

Taking into account this provision, the formula for calculating interest for the use of other people's funds will be as follows:

SP = (SRCBRF x SD x CD) / 36,000, where

SP - Summa Percentage the use of other people's funds;

SRCBRF – Refinancing Rate of the Central Bank of the Russian Federation ; _

SD - Summa Dolga ; _

KD – Number of days since the debt arose;

36 000 - obtained by multiplying 360 days a year by the indicator necessary to calculate the share per one percent.

Using our receipt as an example. Let's assume that the amount of the principal debt on the receipt is 100,000 rubles. Based on the previously discussed conditions, the number of days until the obligation is fulfilled is 30 (the period from April 1 to April 30).

For example, our situation occurred in the current year, that is, in 2010. We go to the website of the Central Bank of the Russian Federation and receive information that in the period from March 29, 2010 to April 29, 2010, the refinancing rate was 8.25%, and from April 30, 2010 it became equal to 8%.

Since to calculate interest for the use of other people's funds, the refinancing rate in effect at the time of fulfillment of the obligation is used, and the obligation was fulfilled on April 30, 2010, therefore, for the calculation we will use a rate of 8%.

All the data for the calculation is there, we substitute it into the formula:

(8% x 100,000 rubles x 30 days) / 36,000 = 666.66 rubles.

The total amount of interest payable by the debtor for violation of the payment deadline is 666.66 rubles .

This article does not consider all aspects related to the collection of interest for the use of other people's funds, but, in most cases, this knowledge is sufficient for practical application.

Useful links:

Attention! Calculator for calculation under Article 395 of the Civil Code of the Russian Federation according to the rules established from 06/01/2017

Source: https://xn--80aaoauefvith0g.xn--p1ai/%D0%BF%D1%80%D0%BE%D1%86%D0%B5%D0%BD%D1%82%D1%8B-% D0%B7%D0%B0-%D0%BF%D0%BE%D0%BB%D1%8C%D0%B7%D0%BE%D0%B2%D0%B0%D0%BD%D0%B8%D0 %B5-%D1%87%D1%83%D0%B6%D0%B8%D0%BC%D0%B8-%D0%B4%D0%B5%D0%BD%D0%B5%D0%B6/