Penalty - what is it, how does it differ from a fine, how to find out the size

Is it legal to charge penalties for utilities?

In accordance with [K=8;T=Housing Code of the Russian Federation], residents who have lately and (or) not fully paid for housing and utilities are required to pay penalties in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, valid for moment of payment. In accordance with the Housing Code of the Russian Federation, payments for residential premises and utilities must be paid monthly by the 10th day of the month following the end. Penalties are accrued from the 11th day of the month following the end.

If payment is made on time, but partially, penalties will be charged on the remaining amount of the debt. First of all, funds are received to pay for housing and utilities. The remaining funds go towards paying penalties.

Method of calculation

When calculating, not the entire amount of the tax or fee that is prescribed to the payer is taken as a basis, but only the part that is overdue for payment. It is from its size that the size of the penalty is determined, as well as the final amount of the debt. A penalty is accrued every day, regardless of whether it is a weekday or a day off, from the moment the delay in payment of the tax or fee occurs. That is, if the payer was given ten days to pay the tax, and he came to pay on the fifteenth, then for 5 days of delay he is charged a penalty, which also must be paid.

The amount of the penalty is calculated separately from the amount of the tax or fee, but both amounts are added up when paid.

If the payer pays only one amount, ignoring the second, then the penalty continues to accumulate. There are cases in tax legislation when the debt reaches a certain amount, which allows the tax authorities to go to court to recover funds from the debtor to the state budget. Tax penalties are calculated in percentage format - a certain percentage is added to the tax amount every day, which is the penalty.

The amount of the penalty cannot be established and accrued when an organization, individual entrepreneur or individual does not have the funds to pay the principal debt due to the seizure of his property or the suspension of transactions on his bank accounts. Moreover, if such a preventive measure is already used, then, as a rule, the unscrupulous payer is also awarded a fine for unlawful actions; no penalties are provided for in this case.

The amount of the penalty is calculated as a percentage and is equal to 1/300 of the current refinancing rate by the Central Bank. Moreover, the data is taken into account for a specific day. The higher the Central Bank rate, the higher the penalty that will be charged for late payment of taxes, fees, and fines. The tax legislation does not provide for a fixed penalty for late payments of taxes, fees or fines, only a percentage expression.

Free legal assistance

The amounts of penalties and debts for consumed housing and communal services products are not accrued separately. For example, if a subscriber owes 1.5 thousand rubles for consumption and a penalty of 300 rubles, then he needs to pay 1,800 rubles on the same subscriber account. How to write off, cancel penalties Penalties are the prerogative of the creditor and are assigned or canceled at his discretion.

Art. 317.1 of the Civil Code establishes the possibility of calculating interest on obligations that have direct monetary value;
Article 330 of the Civil Code of the Russian Federation establishes such a type of security for the fulfillment of contractual obligations as a penalty;
In addition, Article 332 establishes a type of security such as a penalty.

How to pay fixed payments to an individual entrepreneur for himself through his personal account Sberbank business online

If you have opened a current account with Sberbank, then one of the free services provided is the opening of a personal account on the Sberbank website. At the same time, Sberbank has completely different personal accounts for individuals and for legal entities (as well as individual entrepreneurs). Let's look at how to make a payment correctly step by step.

Fixed payment payment methods

Then select your bank account from which payment will be made. Fill in the recipient field. You can find out your tax details either at the Federal Tax Service office or on the website nalog.ru. The recipient can then be saved to a template and selected when making payments.

Fines and penalties are paid in a similar way in other government departments (Federal Bailiff Service, etc.). You need to select the appropriate department and enter the necessary personal data. For example, if payment is made to the Bailiff Service, you will need: SNILS, passport series and number and TIN.

Housing fines 2019 with a separate receipt

What is included? The standard list of utilities provides for payment for: hot and cold water supply; drainage; expenses for maintaining common property; payment for major home repairs.

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Penalty on Housing and Utilities Receipt Is It Legal?

In paragraph 159 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, it states “Consumers who have lately and (or) incompletely paid for utility services are required to pay the contractor a penalty in the amount established by part 14 of Article 155 of the Housing Code of the Russian Federation ". We look at Article 155, Part 14 of the Housing Code of the Russian Federation. “Persons who have lately and (or) not fully paid for housing and utilities (debtors) are obliged to pay the creditor a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at the time payment, from amounts not paid on time for each day of delay, starting from the next day after the due date for payment until the day of actual payment, inclusive.

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Registration date: 12/16/2017 Messages: 2 Re: question about housing and communal services: debt and penalties Thank you for your answer! The fact is that all the amounts were paid before they went to court, or rather, it turned out that I paid, and the next day I received a summons! But there’s also a question about the statute of limitations, debts haven’t accumulated for years, I paid, if not every month, but every six months, 20-30 thousand at a time, and I can’t understand whether it’s possible to accept the statute of limitations here, it seems like it’s necessary so that there has been no payment for 3 years?? And how can I spell this out correctly? I consider the tax in the amount of such and such to be canceled because the statute of limitations has passed? Edited 1 time(s). Last time 2017-12-18 20:39 by Lk.

How can a Legal Entity Pay a Penalty to the Social Insurance Fund Through Sberbank Online

Now let's look at how to pay an administrative fine through Sberbank online. After all, many are card clients of this bank and have the unique opportunity to pay for any services through their personal account on the Sberbank website online. So, step by step guide:

How to pay penalties through Sberbank Online

Payment of fines can only be made from a card, so before starting the procedure you should make sure there are sufficient funds on it. It is also worth knowing that payment can only be made by the person in whose name the card was issued, and to whom a fine was issued or penalties were assessed. Otherwise, if the data does not match, the fine will not be transferred to the category of paid, and the person will remain on the list of debtors.

Authorization with personal access.
Go to the RKO tab.
Selecting an option to create a payment order.
The window that opens is filled with information in accordance with the columns.
The type of required operation is selected, and the system will fill in some of the details on its own.
You can edit old indicators or enter new information on:

type of payment;
transfer date;
taxpayer status;
information about the payer-entrepreneur (his account number);
recipient's bank details (account number, INN, BIC, KPP, OKATO, etc.)

After checking the entered information, click the “send” button.

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In the first case, the individual entrepreneur pays with a personal card, and in the second case, the financial transaction is made from a current account. The functions of a regular application for individuals include the ability to generate a payment document on behalf of an individual entrepreneur. The main thing is that the card account is registered in the name of the payer.

Step-by-step instructions for paying taxes through Sberbank Business Online

Entrepreneurship requires vigilant control in several directions at once. Individual entrepreneurs have to independently resolve issues in the field of taxation and timely payment of fees to the Social Insurance and Pension Fund funds. For those who have access to a personal account, there is a way to pay taxes through Sberbank Business Online.

To avoid mistakes, you must have a Sberbank receipt on hand for payment of individual entrepreneur tax with details. To obtain it, you will need to contact your local tax office or visit the official website of the Federal Tax Service and print it yourself. The latter option is considered more preferable because it takes minimal time.

Now you will need to pay attention to that same receipt from the tax service. It contains the document index. Next, select “Payment of taxes by document index”, indicate the card from which the funds will be debited, and also enter the index in the designated field. It is better to pay using this method, since in this case there is no commission.

Will it be possible to do this?

Nowadays, few people visit the bank in person, because almost all transactions are completed as quickly as possible thanks to the Internet. In this article we will look at how to pay individual entrepreneur tax through Sberbank Online and resolve this issue as soon as possible.

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Penalty on Housing and Utilities Receipt Is It Legal?

By virtue of clause 70 of the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354). The amount of penalties (fines, penalties) determined by law or an agreement containing provisions on the provision of public services for violation by the consumer of the terms of such an agreement is indicated by the contractor in a separate document sent to the consumer. Your organization includes the amount of the penalty in the payment document for the month following the unpaid one, without waiting for the debt to be repaid, does not comply with the provisions of the law, since the calculation of the penalty uses the refinancing rate in effect at the time of making the payment. To calculate the amount of penalties, it is necessary to establish the period of delay. Concept of penalties: In accordance with Art. 330 of the Civil Code of the Russian Federation: a penalty (fine, penalty) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of an obligation (in particular, in case of delay in fulfillment). The amount of penalties for late or incomplete payment of utility services cannot be increased, which is directly provided for in clause 14 of Art. 155 Housing Code of the Russian Federation. The order of repayment of the main and additional claims of the creditor In a situation where the management organization imposes a penalty on the overdue debtor, it is necessary to be guided by clause 2 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 20 N 141. This paragraph explains that Art. 319 of the Civil Code of the Russian Federation does not regulate relations related to holding the debtor liable for violation of an obligation, but determines the procedure for fulfilling the monetary obligation that the debtor accepted upon concluding the contract. When applying Art. 319 of the Civil Code of the Russian Federation, one should proceed from the fact that interest repaid earlier than the principal amount of the debt means interest for the use of funds payable on a monetary obligation (in particular, interest for the use of the amount of a loan, credit, advance payment, etc. Conditions of the management agreement apartment building, according to which the debtor fulfills a monetary obligation not in full, the requirement to pay penalties is repaid earlier than the amount of the principal debt, contradicts the meaning of Article 319 of the Civil Code of the Russian Federation and is void (Article 168 of the Civil Code of the Russian Federation). Interest for non-fulfillment or delay in fulfillment of a monetary obligation provided for Article 395 of the Civil Code of the Russian Federation, are repaid after the amount of the principal debt. The requirements of the management organization for the payment of penalties can be voluntarily satisfied by the debtor both before and after repayment of the principal debt. According to the receipt for personal account No. 11 for April 2020, the amount of payment for services provided was unlawfully divided utilities for March 2020 in the amount of 983 rubles. 18 kopecks to pay for utility bills in the amount of 486.68 rubles. and for payment of fines in the amount of 496.50 rubles. (without the voluntary consent of the owner). According to the receipt for personal account No. 11 for August 2015. The amount of payment for utility services provided for July 2020 was improperly divided. in the amount of 585 rubles. 26 kopecks to pay for utility bills in the amount of 575.28 rubles. and to pay a Penalty in the amount of 9.98 rubles. (without the voluntary consent of the owner). As of December 11, 2020, all amounts of utility bills (for the period 2014 and from January 2020 to November 2020) have been paid. Based on the above, I ASK: Return the amount wrongfully attributed to the payment of penalties in the amount of 506 rubles. 48 kopecks to pay for utility bills in 2020. Write off the amount of penalties on the personal account. Provide a separate document for calculating penalties for the amount of unpaid utility bills with a specified period of delay.

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A certain owner had rent arrears and paid the rent irregularly, and therefore arrears arose and penalties were accrued. At some point, the owner appeared and paid the debt along with penalties. This happened several times. At the same time, the owner did not say when paying that he was paying the amount of the debt and would not pay penalties. Recently, the owner brought a statement that allegedly all this time he was paying only the amount of the debt and was not going to pay the penalties and that the management company illegally distributed this money, including to pay off the penalties, and that the penalties should be billed as a separate payment document and not included in the rent receipt. The justification is provided by references to legislation. How to explain that the owner is wrong. The text of the statement is given below.

How to pay tax penalties through Sberbank

Taxes are also assessed on property owned by a person. This could be an apartment, a country house or a car. Any winnings, prizes, deposits relate to the additional income of citizens, so the state withholds part of the payment.

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Payment of fines and penalties through Sberbank Online: step-by-step instructions

The Sberbank Online service allows users to make money transfers and pay for various services remotely. A mobile application has been developed for smartphones that helps you control your accounts in any convenient place. If necessary, you can pay penalties on existing taxes through Sberbank Online instantly, without visiting a Federal Tax Service office.

You can check the presence of accumulated debts on the websites of government agencies: the State Traffic Safety Inspectorate, the Pension Fund of the Russian Federation, the Federal Tax Service, the Federal Bailiff Service, etc. The Sberbank Online service has access to the databases of many budget organizations, so you can find out the amount of current debts in the client’s personal account.

Thus, Sberbank card holders can easily pay off any fines, taxes and penalties. This can be done through ATMs and terminals or via the Internet. Sberbank Online will help you make a payment for another user; you only need the necessary details.

Payment of penalties and fines through Sberbank Online: step-by-step instructions

When paying contributions to the FSSP, after the “Payments and Transfers” section, you need to select the “Bailiff Service” item. If you have a receipt on hand, select the appropriate item. To clarify the presence of debt, select the search tab and enter the SNILS number, series and number of the passport and TIN.

Log in to the system.
In the menu, go to the “Payments” section, indicate the item regarding taxes.
Select the same option as on the official website - search and pay taxes.
The service will offer three search parameters: document index, TIN, arbitrary data.

Important! Those who have not registered in the system, but want to make a tax payment through Sberbank Online, will first have to register. The ID and password are provided directly on the site if the user has a payment card and a telephone number linked to it with connected banking.

How to pay tax in a taxpayer’s personal account

In order to use this method of paying taxes (on income, transport, land, for an apartment, for everything that falls under taxation), you need to have the appropriate receipt in hand in paper or electronic form. Transferring funds by an individual requires indicating the correct index, as well as checking the recipient’s details and the final amount.

I believe that cash payment of contributions and sanctions on them by an individual on behalf of an organization through Sberbank is quite possible, provided that all the details of the organization are indicated correctly in the payment document and the person making the payment has a power of attorney giving him the right to carry out such transactions

Now regarding insurance contributions to the Pension Fund and the Social Insurance Fund. As in the Tax Code, the Law also states that the obligation to pay contributions is considered fulfilled from the moment an order is presented to the bank to transfer money from the taxpayer’s account to the bank. However, neither the Ministry of Labor nor the Funds themselves have ever given any categorical explanations in the spirit of “not may involve payment of contributions in cash.”

FROM AUTHENTIC SOURCES

The so-called self-employed population (entrepreneurs, lawyers, notaries) usually pays insurance premiums through Sberbank. And for this category there are their own BCCs. For example, the Pension Fund has an agreement with Sberbank on electronic document management for receiving information about payments. The software of their operators is configured for the KBK of the self-employed population, while the KBK for legal entities is different. So money transferred in this way on behalf of the organization may simply be lost

Unpaid taxes on time can become an obstacle to obtaining a cash loan or traveling abroad. Cases often arise when bank accounts and cards are seized from persistent defaulters. To avoid getting into an unpleasant situation, do not put off paying fines and taxes.

Pay tax online using document index

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If an individual entrepreneur has registered employees, contributions are paid at the rates accepted for all policyholders. The peculiarity of payments to the funds is: Contributions are calculated from the wage fund and other payments in favor of employees, to which the article of the Tax Code of the Russian Federation includes:. Each type of insurance premium has its own base and rate. The base includes the amounts of accrued remuneration and payments for the billing period of the year on an accrual basis for each individual, Art.

How are penalties calculated for late rent in 2020?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

How to pay property tax and penalties online

In all previous years, we paid property taxes in the traditional way: we received a receipt, went to the bank and paid the tax on the receipt. This year we lost the receipt and didn’t realize it right away. When we finally decided to take a closer look at this issue, we were already charged a penalty. It was not possible to find the receipt, so the question arose: is it possible to pay the tax without a receipt. This definitely cannot be done in a bank, so we began to look for a way to pay taxes online without a receipt.

It turned out that this can be done in several ways. Firstly, this service is available in the Internet accounts of some banks (for example, VTB 24 and Sberbank Online). But to do this, you need to be a bank client and have a connected Internet bank. There is also a universal way: on the website of the Federal Tax Service there is a service that allows you to pay taxes online. Individuals can pay:

Law on penalties for utilities

The process of calculating fines (penalties) begins after the end of the established payment period, immediately the next day. The penalty will be accrued until the entire debt is repaid.

The debt collection process itself is not regulated at the legislative level. That is why it often happens that when collecting debts from debtors, the Housing Office has to go to court. The law allows such actions. This option for dealing with debtors is very effective today.

Requirements for an online cash register receipt

To a frequently asked question from entrepreneurs: “Is it necessary to indicate the name of the product in an online cash register receipt?” It is worth noting that the legislation establishes certain benefits in terms of generating receipts at online cash registers for stores operating under the following tax systems:

Federal Law No. 54 allows you to include other details in the check - based on the characteristics of the specific sphere of economic activity of the business entity. For example, this could be the organization’s logo, information about certain promotions, or other information useful to the buyer.

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How can you avoid paying rent penalties?

Paragraph 66 of Government Resolution No. 354 states that citizens must pay for utility services monthly, and if, for example, March passes, people must deposit the appropriate amount into the account of the management company by the tenth of April.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

Housing and communal services issues

The mailbox needs to be enlarged urgently! The number of pieces of paper in it is growing day by day. And this despite the fact that almost no one subscribes to newspapers anymore. What's there? Yes, these are housing and communal services receipts

and to pay for other services: telephone, Internet, intercom, etc. Will we pay without looking? No, let's figure out what they write there.

Note: Failure to indicate in the payment document the values of tariffs for services, social norms of consumption, units of measurement is grounds for bringing the organization to justice under Part 1 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation in the form of a fine of 5,000 to 10,000 rubles (resolution of the Federal Arbitration Court of the Far Eastern District dated July 29, 2008 No. F03-A73/08-2/2736).

Should I pay according to the receipt for major repairs? Is it possible to refuse services?

Major repairs are a topic that worries almost all citizens. In any case, those who pay utility bills. After all, such a penalty has appeared in payments for apartments since 2012 in Russia, but it began to take effect in 2014. Many people wonder whether to pay on the receipt for major repairs? This question is really very important. It causes a variety of reactions from the population. Some people obediently run to pay the next payment, while others line up and go out to demonstrate against this payment. So what is the right thing to do? You will learn more about major repairs and related payments further.

The area of the home is also taken into account. And no matter how strange it may sound, the presence of an elevator in the entrance. After all, it also needs to be maintained! It is not difficult to guess that citizens who have an elevator will pay more. The age of the building also plays an important role. The older the house, the higher the payments.

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About the possibility of avoiding paying penalties on utility bills

Most legal professionals assume that if there is a debt to pay for consumer services, a penalty is charged, because this provision is provided for by law. Paragraphs 1 and 14 of Article 155 of the Russian Housing Code establish the obligation to charge penalties for the provision of utility services to the population.

It must be remembered that this rule is valid only if there is no corresponding indication in the contract. According to the law, the priority is to regulate relations in the sphere of business under contracts, therefore the legal penalty is determined by the creditor himself, that is, the utility service provider.

Housing and communal services fine for failure to issue receipts

Do I need to pay penalties for utilities? Of course, penalties must be paid. The legislation does not establish the obligation of the creditor in any way to prove the validity of the penalty if its amount does not exceed the maximum values established by law. So even going to court is unlikely to ease the burden of payment. What happens if you don’t pay penalties? Failure to pay penalties leads to the formation of even greater debt. For such debts, utility providers can easily disconnect the subscriber from the supply lines of electricity, gas, etc.

According to Art. 153 of the Housing Code of the Russian Federation, citizens and organizations are obliged to pay for housing and utilities on time and in full. In accordance with Art. Art. 155, 156, 157 of the Housing Code of the Russian Federation, payment for residential premises and utilities is paid monthly before the tenth day of the month following the expiration of the month, unless another period is established by the management agreement for the apartment building. Persons who have lately and (or) not fully paid for housing and utilities (debtors) are obliged to pay the creditor a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at the time of payment, from the amounts not paid on time for each day delays from the next day after the due date for payment until the day of actual payment inclusive.

How can a Legal Entity Pay a Penalty to the Social Insurance Fund Through Sberbank Online

persons can only make cashless transfers. Let's take a step-by-step look at how taxes are paid for an LLC without a bank account: The head of the company or another person fills out a receipt, payment order or application for transfer of funds. In this case, you must indicate the details of the company for which the tax or penalty is paid in the “Purpose of payment” field.

Payment of a fine for an organization from an individual

According to legislative norms, a citizen must pay the amount within 60 days, but he has the right to challenge the collection within the first 10 days after receiving the notice. If there is no appeal, then the decision on the offense comes into force, and the citizen can no longer avoid payment. For ignoring the decision, new penalties will be applied to an individual: doubling the amount of the penalty (no more than 1 thousand), and if the money is not received even after that, arrest for 15 days or correctional labor for 50 hours. There is one more rule: in case of the first violation, the citizen is given the opportunity to pay half of the penalty for up to 20 days. Such discounts apply to violations of traffic rules. If the amount of the unpaid amount reaches 10 thousand rubles, then a ban on traveling abroad is possible or the case is sent to court, and then bailiffs deal with collections.

How to legally avoid paying penalties for housing and communal services

Answering the question of how to avoid paying accrued penalties on rent, it should be noted that the most obvious solution is to pay utility bills on time. But even if, due to circumstances, it was not possible to pay on time, and the penalty has already been added to the total amount of the debt, it is still possible to write off the penalty. The easiest option is to contact the Criminal Code directly with an application. Having considered the application, the utility companies may well agree to a meeting by writing off excess amounts, and even provide an installment plan for the repayment of the principal debt.

there are a number of essential requirements for documentation;
presence of controversial situations;
the possibility of the debtor filing an objection against the execution of the order. In this situation, the judge will usually overturn the order. If this happens, then you can only file a claim in the future.

What it is

Penalty refers to penalties. They are charged immediately after it is revealed that one of the parties has violated the requirements of the contract or legislation. The penalty is constantly growing if the violations cannot be eliminated in the near future. The amount of obligations is the main factor determining the amount of penalties. They are measured as a percentage of the total. What a tax penalty is is easy to understand.

Penalties under the Civil Code of the Russian Federation

Contractual penalties and legal penalties are concepts that are used in established legal practice. The first case involves relying on the terms described in the original contract. Such sanctions amount to approximately 0.5% every day.

The amount of the fine is established by the Civil Code of the Russian Federation

Only the Civil Code of the Russian Federation regulates the second type of penalties. Alimony debts, delays in utility payments - this is when the decision is relevant. The refinancing rate and the percentage of penalties are equal to each other if clear information is not available.