For all enterprises, the simplified tax system has established a general procedure for making advance payments; it is described in detail in Art. 346.21 Tax Code of the Russian Federation. Based on the results of each quarter, the amounts that will be accepted for payment of the single tax at the end of the year are calculated and transferred to the budget. Prepayment of tax must be made three times a year no later than April 25, July 25 and October 25. We described the algorithm for calculating payments and gave examples of calculations for the simplified tax system of 15% and the simplified tax system of 6%.
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The procedure for calculating penalties for late payments of advance payments under the simplified tax system
Penalties will be charged for late payment of advance payments. Article 75 of the Tax Code of the Russian Federation describes the procedure and nuances of accruing or not accruing penalties in different cases.
Penalties are charged for each day of non-payment. The first day of non-payment occurs immediately after the final day of making the advance payment. For example, if April 25 falls on a weekday, and the advance payment for the 1st quarter has still not been paid, then April 26 will be the first day for accrual of penalties. If April 25 falls on a Saturday, then the last day to pay the advance payment will be the next weekday—Monday, April 27. Then the first day for calculating penalties is April 28.
The last day for accrual of penalties is the day when the advance payment was finally transferred to the budget. To find out the number of days for which you will have to pay penalties, you simply need to sum them up. Next, the size of the penalty is calculated using the formula:
1/300 of the key rate of the Central Bank of the Russian Federation * amount of non-payment * number of days of non-payment
Accrual of penalties for late payment of taxes and fees
One way to ensure compliance with the obligation to pay taxes and fees is to charge penalties. This is stated in paragraph 1 of Article 72 of the Tax Code.
Penalty is an amount of money that a taxpayer pays in the event of payment of due amounts of taxes and fees later than the deadlines established by tax legislation. This definition is contained in paragraph 1 of Article 75 of the Tax Code of the Russian Federation. Penalties are not a measure of liability. This is compensation for budget losses for late or incomplete payment of accrued tax amounts. Penalties are paid in addition to the amount of tax or fee, regardless of the application of other measures to ensure the fulfillment of the obligation to pay a tax (fee), as well as measures of liability for violation of tax legislation. Penalties must be paid not only by taxpayers who have not fulfilled or untimely fulfilled their obligations to pay taxes to the budget, but also by tax agents and payers of fees. This is the requirement of paragraph 7 of Article 75 of the Tax Code of the Russian Federation.
