2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Fee is a certain amount of money that is payable by a taxpayer who has not repaid his debts on time. This payment is regulated by the relevant tax legislation (Article 75 of the Tax Code of the Russian Federation).
Place of pen alties among other payments
Among such payments as property pledge fees, suspension of various operations on bank accounts, surety or seizure of payers' property, interest is the most common way of additional revenues to budgets of various levels. At the same time, it serves as an integral part of the arrears and, together with the latter, forms a tax debt to the budget. To calculate this payment, you do not need to issue additional documents, in contrast to the application of a pledge or guarantee.
Procedure for calculating fines
The fine is accrued for each calendar day if the payer fails to fulfill its obligations to pay taxes. The accrual of this payment begins on the next day of the tax payment deadline established in accordance with the current tax legislation. The interest rate isa certain part of the rate of the Central Bank of the Russian Federation, effective on a specific date.
Fee formula
The amount of the pen alty is equal to the amount of the arrears multiplied by the number of days of delay and the approved part of the refinancing rate of the Central Bank of the Russian Federation.
Main Functions
When calculating according to the specified formula, it can be seen that the pen alty will not soon reach the value of the tax (in ten years). Despite such a long growth of this payment, in modern specialized literature one can see the main functions that the pen alty performs: it is stimulating and compensatory.
The pen alty is payable simultaneously with the sum of other tax payments or after their payment in full.
However, from the point of view of the payer, pen alties on taxes and fees are not only stimulating, but also punitive, since such a business entity is obliged to transfer additional amounts to the budget in a timely manner.
Reasons for non-application of pen alties
There are cases when, in case of late repayment of obligations, the taxpayer is not charged a pen alty. This is, firstly, a situation where the reason for the lack of payment is the suspension of operations by a court decision, or the property of a business entity is seized for some reason. In this case, this payment is not charged for the entire period of imposition of such an arrest. Secondly, if there is no timely payment of tax liabilities due to the receipt of specific written explanations on the procedure for calculating and paying taxes and fees, submittedby a financial or tax state body within the limits of its competence. Such explanations shall be submitted directly to the taxpayer only in writing. Regardless of the date of formation of this document, it must indicate the specific tax period in which such non-payment occurred.
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