Interest on late payment under a loan agreement. An example of calculating interest under a loan agreement, the necessary formulas and the basic nuances of this procedure

In the first case, the borrower will be obliged to pay a fine equal to the entire loan amount and return the money received in a short time with the payment of all accrued interest.

In the second case, a fine is usually imposed, which is either a certain amount or expressed as a percentage of the loan amount.

Penalties in a microloan agreement

Pena is penalty, expressed as a percentage of the amount and accrued for each day of delay in the regular payment. It is intended to encourage debtors to make payments on time, otherwise they will be punished in the form of an increase in the regular payment by the amount of the fine.

Such measures on the part of MFIs are justified. The microfinance organization counts on this money, it has it in in constant motion, and an unscrupulous payer fails.

The following types of interest are charged on one microloan:

• for the use of money (is not a penalty, it is the income of a credit institution);
• for late payment;
• “Compound” interest is when interest is charged on already accrued interest (this item should be written in the contract).

Debt is extinguished in the following way: first, the borrower pays all fines, then all accrued interest, and only then the amount of the microloan.

Naturally, the borrower will not have the entire amount to repay the debt, and the debt is extinguished in installments. However debentures are unlikely to decrease significantly, because the loan is still registered with the client and interest is regularly accrued on it. In such situations, lawyers recommend waiting for the MFI to go to court with a lawsuit, and make a response - to reduce the amount of the penalty, guided by Article 333 of the Civil Code of the Russian Federation. If the amount of the penalty is exorbitant, the judge goes towards the Borrower, and may oblige the MFI to reduce the amount.

Reasons for reducing the amount of the penalty

The main reason why the court will meet the client halfway will be proof that the MFI actually suffered less losses than stated. However, proving this is not an easy task. Then the court will be guided by the following facts:

• the penalty is equal to or greater than the loan amount;
• penalty interest for late payment is higher than the average for similar MFIs;
• there are reasons to believe that credit organization deliberately stalled for time to increase the amount of the penalty.

Often clients of MFIs indicate deterioration in their well-being, debts to third parties, default on debt obligations by their own debtors as extenuating circumstances. It must be remembered that the court does not consider these arguments.

Of course, there is no exact amount. In each case, everything is individual, but usually the court is guided by the recommendations Central Bank and is based on the refinancing rate. The referee multiplies the bet by 2, it turns out annual percentage and divides the result by the number of days in a year. The resulting indicator is proposed to be used in calculating the penalty. In practice, it is much lower than that used by MFIs.

The situation when one organization issues a loan to another organization is quite common in practice. At the same time, for the use of funds during the loan agreement, the borrower pays interest to the lender. However, it may happen that the loan amount or interest on it, or both, will not be returned on time.

Interest on arrears

In this case, it turns out that the borrower uses other people's money, but already unlawfully. And you have to pay for this too. The consequences of such a delay are regulated by the Civil Code.

Thus, article 811 of the Civil Code states:

- interest for late repayment is accrued from the day when the debt should have been repaid until the day of return;

- the loan agreement may provide for its own interest rates for late repayment of the debt;

- if the loan agreement does not specify the amount of interest to be charged, but are guided by clause 1 of article 395 of the Civil Code - calculations are made at the refinancing rate of the Central Bank of the Russian Federation.

Please note: in this article we are talking specifically about the calculation of interest for delay. But a few words about the interest on the loan itself. Such interest, even though the loan agreement (the period for which it was issued) has expired, continues to accrue until the day the entire loan amount is returned (Article 809 of the Civil Code), unless otherwise provided by the agreement.

Formula for calculations

Now we will determine how to calculate interest for the use of other people's funds as a result of evading their return, unlawful withholding, another type of delay in payment in accordance with Article 395 of the Civil Code. The formula is:

P \u003d C * (SR / 360) * D

P - the amount of accrued interest, rub.

C - the sum of strangers Money, rub.

SR - refinancing rate on the day of debt payment

D - quantity calendar days use;

360 is the number of calendar days in a year.

From the Decree of the Plenum of the Supreme Court and the Plenum of the Supreme Arbitration Court dated 08.10.1998. No. 13/14 it follows that for substitution in the formula:

- the number of days in a year is taken equal to 360 days;

- the number of days in a month is taken equal to 30 days,

unless otherwise provided by agreement of the parties (agreement).

If the debt is collected in judicial order, then the court decides on which date to take the refinancing rate - on the day the court decision is made or the day the claim is filed.

If you define your interest rate for delay (or the amount of penalties) in the contract, then keep in mind Article 333 of the Civil Code. In the event that its value is disproportionate to the consequences of the delay, the court has the right to reduce the amount of interest charged.

What to charge interest on?

For a long time, the question remained controversial and debatable, on what amount to accrue interest for late repayment. What to substitute in the formula as "C":

- only the main part (body) of the loan;

- both the main part of the loan and the accrued interest on the loan by the time of the repayment period.

A detailed analysis of this issue was carried out in the Resolution of the Presidium of the Supreme Arbitration Court of March 19, 2013 No. No. 9423/12. What conclusions does the court make?

1. The lender has the right to receive interest on the loan from the borrower in the amount established by the agreement (clause 1 of article 809 of the Civil Code).

2. If the loan amount is not repaid on time, interest is accrued on this amount in accordance with the terms of the agreement or at the refinancing rate (clause 1 of article 395 of the Civil Code), regardless of the payment of interest under the agreement itself (clause 1 of article 811 of the Civil Code).

3. According to paragraph 15 of the Resolution of the Plenum of the Supreme Court and the Plenum of the Supreme Arbitration Court dated 08.10.1998. No. 13/14 interest for delay is a measure of civil liability. Interest is collected in connection with the delay in repayment of the amount of the loan itself, excluding accrued interest for the use of borrowed funds, BUT only if the agreement does not provide for a different procedure for calculating these interest for delay.

Conclusion: accrued, as lawyers say, “interest on interest” (i.e. “for delay” on “borrowed”) or not, depends on the terms of the contract. If the contract does not explicitly state that interest for late performance of an obligation is charged on the amount of the principal debt on the loan and on the amount of interest that was payable, then “interest on interest” cannot be calculated and collected.

And if it is prescribed, then please, a measure of double responsibility, according to the judges of the YOU, this is not.

Example

On May 25, 2013, Apelsin LLC issued a loan in the amount of 250,000 rubles. Plum LLC. The loan repayment period is June 27, 2013, interest payable for the use of borrowed funds for the period from May 25 to June 27, 2013 is 10,000 rubles.

The loan agreement states that for the delay in repayment of the loan amount and due interest, the borrower pays the lender interest for using other people's money in the amount of the refinancing rate.

LLC "Sliva" did not repay its debt within the prescribed period. The funds were returned on September 12, 2013. Calculate the amount of interest for the use of other people's funds (the refinancing rate as of September 12, 2013 was 8.25%):

P \u003d (250,000 + 10,000) * (0.0825 / 360) * 75 \u003d 4468.75 rubles.

Income tax, VAT and invoices

Interest accrued by the organization for overdue debt is non-operating income (clause 6 of article 250 of the Tax Code), and paid to the lender - non-operating expenses.

VAT is not charged on the amount of interest. Despite the fact that numerous jurisprudence (including the SAC in the Decree of the Presidium of 03.08.2004 No. 3009/04) speaks in favor of not issuing invoices, the Ministry of Finance thinks otherwise and requires that invoices be issued marked “excluding VAT” (letter dated June 22, 2010 No. 03-07-07/40).

How to issue a loan to an employee. How to create a reserve for doubtful debts in accounting for the amount of the loan, .

Do you lend to your partners? Do they return them to you in a timely manner? Please share in the comments!

making out loan agreement, the bank has an obligation to issue a loan, and the borrower, i.e. you have to repay the loan according to the payment schedule. For non-compliance with this condition, the bank provides for sanctions. Surely, when signing the loan agreement, you did not pay attention to the section that talks about the consequences of missing or late payments. Most often, the borrower is entitled to a penalty for delay on a loan or loan ().

If you failed to make one or more installments on time (or overdue your only loan payment), it's time to open an agreement with the lender and calculate approximately how much you “fine”.

The procedure for calculating the penalty in accordance with the Civil Code

Article 330, paragraph 1 establishes two types of penalties: a fine and a penalty.

Fine - fixed amount, which is charged for the fact of delay, no matter if you missed one day or twenty. It can be fixed, regardless of the number of missed payments. But most often, for the second and subsequent passes, the amount increases. For example, if for the first delay you will be charged 300 rubles, then for the second - 500, for the third - 700 and so on (who is the holder of the famous Platinum credit card from bank Tinkoff, brush up on the tariffs for it - there are just increasing penalty payments). The exact amount of the fine is indicated in the contract (in tariffs).

Penalty - a percentage of either the amount of the remaining debt or the amount of the payment. Penalty is charged in any case for each day of delay.

Article 395 states that the delay is calculated on the basis of 1/360 key rate Central Bank of the Russian Federation (at the time of writing, it is set at 10%). In simple words this means that the bank can charge 0.028% of the payment amount daily. The penalty in the case of applying this rate is negligible, banks consider it insufficiently motivating to diligently make contributions. Therefore, another article of the Civil Code of the Russian Federation is applied.

Article 332, paragraph 2, according to which, by agreement of the parties, the amount of the penalty is allowed to be increased. In practice, this means the following: you are invited to sign a loan agreement, which includes beneficial to the bank interest for the calculation of the penalty, you sign it and get the desired money. Or you do not sign and do not receive - they will not change the conditions personally for each client.

Article 333 is sometimes saving for borrowers. In litigation, you can draw the attention of the court to the groundlessness of the penalty, especially if it is really overpriced.

How to calculate the penalty

If everything is more or less clear with fixed and accruing fines, then what about penalties? How to calculate it correctly and why is it important?

The fact is that, when making the next payment, the bank will first write off the amount of the penalty, and transfer the remaining money to pay off interest and the body of the loan. Look in the contract for the order in which the next payment will be repaid - usually the payment for the body of the loan (loan) is repaid last (this is subject to the presence of overdue payments). Thus, by making the payment amount without the accrued penalty, you again form an outstanding payment.

Example:

Monthly payment - 7,000 rubles. You missed 10 days, and under the agreement, for each day of delay, a penalty of 0.5% of the payment amount is charged (Sberbank conditions).

7000 * 10 * 0.5 / 100 \u003d 350 rubles - the amount of the penalty for 10 days.

So your next payment should be 7350 rubles. If you deposit, as usual, 7000 rubles, then 350 rubles. the bank will write off the penalty, and to pay off the debt - 6650 rubles. And you will have a new overdue debt in the amount of 350 rubles, on which, in turn, a penalty will be charged, and in addition to it, a fine if it is provided for by the loan (loan) agreement.

An example of calculating the penalty interest as a percentage of the debt amount:

In a similar situation ( monthly payment- 7,000 rubles, the balance of the debt - 49,000 rubles, a pass - 10 days, the amount of interest - 0.1% of the debt for each day of delay):

49000 * 10 * 0.1 / 100 \u003d 490 rubles - the amount of the penalty for 10 days.

If you missed two or more payments

We calculate our loan based on the following conditions:

• Balance of debt: 56,000 rubles
• Payment amount: 8,000 rubles
• Penalty is charged in the amount of 0.6% of the payment amount ( VTB terms 24) for each day of delay
• You have not paid your loan for 69 days, missing 3 payments

1. 8000 * 69 * 0.6 / 100 \u003d 3312 - late fee for 1 payment

2. 8000 * 39 * 0.6 / 100 \u003d 1872 - late payment penalty for 2 payments

3. 8000 * 9 * 0.6 / 100 \u003d 432 \u003d late fee for 3 payments

4. 3312+1872+432 = 5616 - the total amount of interest that you must pay to the creditor. If you want to continue your relationship with the bank, prepare an amount of: 8000 * 3 + 5616 = 29616 rubles

Please note that the bank can combine fines and penalties, charging them at the same time. For example: a fine - 300 rubles and a penalty in the amount of 0.6% of the payment amount. And here is an example of a “punishment” from the well-known Tinkoff bank for delinquency on a platinum credit card: a fine for non-payment minimum payment for the first time 590 rubles, for the second time 1% of the debt +590 rubles, for the third 2% of the debt +590 rubles. And at the same time, a penalty for non-payment of the minimum payment of 19% per annum.

If the amount of the penalty is equal to or exceeds the amount of the loan itself, you have the right to go to court, asking that the penalty be recognized as disproportionate to the consequences for the creditor and unreasonably large. After all, the purpose of the penalty is to cover the financial losses of the bank, and not to earn additional profit.

Please read the terms and conditions of the penalty fee carefully. After all, if it, for example, is 1% of the amount of debt per day, then this is 365% per annum, i.e. three and a half of your loans for a year of delay! Considering that loans are rarely issued with a rate higher than 30-40%, the bank's goal is to earn more money from you. True, if we touch on microloans, then after the often occurring 730% per annum, the above penalty does not seem impressive. Here it must be taken into account that loans are usually issued for short periods (the overpayment is not so noticeable).

Keep in mind that the most reliable way is to deposit money at the cash desk of your direct lender (if available) or pay from a card to personal account borrower (in the MFI). In this case, they are credited instantly, but bank transfer, payments through transfer systems and payment terminals, and especially, Postal transfer guarantees fast and timely delivery of money you can not guarantee. In these cases, you can easily delay the payment through no fault of your own (you wanted the best, but the transfer took a long time). Therefore, if your payment falls on a holiday and weekend, and the contract does not indicate how to proceed, it is better to make it the day before - play it safe!

If your income drops unexpectedly (illness, job loss and other troubles), take care in advance not to pay offensive penalties. Contact the bank in writing with a request to review the size of the annuity payment - restructuring. Use the extension service or ask for a delay. Even if the credit organization refuses you, the fact of the appeal will be an additional argument in your favor in the event of a court. We must not hide, but try any legal means solve your problems - to settle relations with the creditor.

The Bank cannot charge a penalty on an existing penalty, a penalty on a penalty, a penalty on a penalty and a penalty on an unpaid penalty.

Debt obligations are not only the need for timely payment a certain amount, but also compliance with the calculation of interest. It all depends on the type of loan agreement concluded, the amount of interest and the formula for calculating them is different, so you need to know under what conditions it is necessary to return the money, each debtor must.

Basic principles for calculating interest

Any loans are credit obligation, according to which 1 party - the lender, transfers to the other party - the borrower. As a rule, the conditions are considered to be the accrual of a certain interest rate on the returned amount of funds.

It should be noted that the amount of interest is determined in different ways. In total, there are three options for determining the interest rate:

• Under the agreement, if the percentage of accrual for the amount to be returned is not specified in it;
• At the refinancing rate, if suddenly the contract does not specify interest rate and there is no mark that the loan is considered interest-free;
• According to the agreement, if it is not in it that the loan is considered interest-free, in this case, interest is not charged.

Additional interest is returned to the borrower along with a part of the repaid loan amount under the conditions specified in the agreement. If the agreement does not indicate the procedure for repayment of funds, then the borrower is obliged to repay the loan monthly and in equal amounts, taking into account the imposed interest.

The calculation of interest on the loan is carried out from the terms of the agreement or the current rates of the Central Bank of the Russian Federation. And regardless of the calculation option for this procedure, you need to know:

• Loan amounts subject to interest;
• The amount of interest and its type (daily, monthly, annual, partial);
• The number of days during this time period for which interest has been calculated.

When calculating interest under a loan agreement, it is necessary to take into account the factor whether there is a delay in payment or the procedure for calculating and paying interest, which can even be additionally specified in the agreement. So, for example, the presence of a delay obliges the borrower to pay, excluding interest, penalties, determined in the contract or by law.

Calculation option

It is better to calculate the interest on a loan agreement before signing the agreement itself. The procedure for calculating interest under a loan agreement is not complicated, but it has nuances that must and are important to follow in order to correctly calculate the entire amount. Today, there are several ways to calculate the interest on a loan to a debtor:

Important Regardless of the chosen option for calculating the interest, you need to have a loan agreement in hand, because. all the necessary information for the procedure is located in it.

Forms of penalty under a loan agreement

Civil Code Russian Federation- not only defines the concept of penalties, but also fixes 2 forms: fines and penalties. There are no significant difficulties in relation to the fine legal regulation, what this species the sanction is set in a "hard" amount and belongs to the payment upon the occurrence of the corresponding consequences. If you have entered into a loan agreement, then the penalty as a form of penalty belongs to the payment to the creditor on the next day after the deadline for repaying the principal or interest on it expires.

With a penalty, things are more complicated due to the fact that its concept is not given by law, but both judicial and business practice has formed certain signs. In accordance with this judicial act, fines:

• Vary depending on the period of delay in the performance of the mandatory in accordance with the contract;
• There is a calculation for each day of non-fulfillment of obligations on time;
• Established in the form of percentage ratios to the value of obligations;
• They can be charged from the day following the last day of the term for fulfilling the obligations stipulated by the contracts.

Formulas and examples of manual interest calculation

Calculating interest using a special calculator or through a professional economist does not require much knowledge, so we will not consider it. We will explain the independent calculation of interest in all details, there are many nuances here.

As data, we take an example from the following information:

1. Loan amount -120,000 rubles;
2. Term -1 year;
3. Debt repayment option - monthly;
4. Loan interest - 11;
5. Type of interest - annual;
6. Interest for delay -4;
7. Type of interest for delay - charged on the overdue amount;
8. The dollar exchange rate is 60 rubles.

Standard calculation carried out under the terms of the contract. The calculation takes place according to the formula: (debt * term * rate) / number of days in a year.

Duty- the amount of the part of the loan that the borrower has not yet repaid.

Term- the period for which part of the loans is repaid.

Bid is the interest rate divided by one hundred.

(120.000 * 31 * 0.11) / 365 \u003d 1.121.09 rubles.

The borrower must provide this amount to the lender when repaying funds for a period of time.

Consider the second example : Calculation of interest for delay under the terms of the contract. Such a calculation is carried out according to the formula: (Amount*duration*rate)/number of days per year

Sum- part of the loan that the borrower has overdue;

Term– number of days for which there was a delay in payment;

Bid - interest rate on arrears divided by one hundred.

(12.000 * 40 * 0.04) / 365 \u003d 52.60 rubles.

This amount of the penalty must be paid by the borrower when repaying the loan for a period of time that satisfies the conditions presented in the formula.

Consider a third example: payment interest accrual on a loan and interest on arrears, if they are not specified in the agreement. In this situation

the previous formulas apply, except that the Rate is determined by refinancing to the Central Banks of the Russian Federation at the time of repayment of the loan. (70,000 rubles * 35 days * 0.08) / 365 \u003d 536.98 rubles - this is the interest on the loan;

(15,000 rubles * 55 days * 0.08) / 365 \u003d 180.82 rubles - this is a penalty;

Consider the fourth example: the calculation of interest on loans or penalties for it. We also apply earlier formulas, but the percentage is calculated in rubles. Exchange rates determine:

• Fixed values ​​under the contract;
• At the current exchange rates of the Central Bank of the Russian Federation at the time of the refund.

Currency values ​​in the contract in the amount of 80 rubles per $1:

(400 dollars * 80 rubles * 25 days * 0.11) 365 \u003d 241.06 rubles - interest on the loan;

(200 dollars * 80 * 50 days * 0.04) / 365 \u003d 87.67 rubles - a penalty;

If, when determining the exchange rate according to the indicators of the Central Bank of the Russian Federation:($400 * 50 rubles * 25 days * 0.11) / 365 \u003d 150.68 rubles - interest on the loan;

(200 dollars * 50 rubles * 50 days * 0.04) / 365 \u003d 54.79 rubles - a penalty.

Under certain circumstances, the formulas presented earlier must be combined in order to obtain a reliable result, therefore, when resorting to self-calculation of interest on a loan, this nuance must also be taken into account.

In the rest of the procedures for calculating interest under loan or penalty agreements, it is not particularly complicated and you only need to use the above formulas and information that regulates the agreement of the loan itself or the Central Bank of the Russian Federation. It is important to remember that some loan agreements have rather complicated organizational systems for calculating interest.

Dealing with such a problem without certain knowledge will be problematic and not always possible at home, and therefore, if suddenly you are faced with compound interest, we recommend that you do not do it yourself, but entrust this procedure to economists.

These actions will not only save you time, but also avoid possible incidents when repaying a loan. In principle, examples of calculating interest under a loan agreement are described in detail. The most important thing in these procedures is to approach the matter competently and make the most of this knowledge.

Purpose of the application:

Preparation of a full calculation of interest under Art. 395, 317.1 of the Civil Code of the Russian Federation and the calculation of penalties, which can be used as an annex to the statement of claim;

Operational verification of settlements during the court session.

The rates of the Central Bank of the Russian Federation for settlements under Articles 395 and 317.1 of the Civil Code of the Russian Federation are updated on the day they are published. The next change in the legislation on changing the calculation algorithm from August 01, 2016 was taken into account by the developers.

updated version mobile application(August 2016) has advanced features. This version includes, in particular:

Possibilities of reducing (interim payments) or increasing the amount of debt (performing a new amount of work, etc.) during the calculation period;

The new procedure for determining the number of days in a year in relation to Art. 395 of the Civil Code of the Russian Federation after March 23, 2016.

In addition, application owners will have access to a private section of the site with similar advanced calculator features.

Considering that our lawyers also use the calculator, we are constantly working to improve the functionality and timely update the relevant data for the correct operation of the calculator.

You can download the application from the following links:

When recovering a penalty, the creditor should keep in mind that the penalty agreement must be made in writing, regardless of the form of the underlying obligation. Failure to comply with the written form entails the invalidity of the agreement on the penalty.
It is worth noting that in judicial practice in cases of recovery of a penalty, the greatest disputes arise in terms of determining the moment of occurrence of a debtor's delay.
The subject of proof on the demand for the recovery of a penalty will be: the existence of the debtor's obligation, non-fulfillment or improper fulfillment of it, and the existence of liability for such a violation in the form of a penalty.

However, even if the creditor proves all of the above circumstances, the court may refuse to recover a penalty in the amount declared, since civil law there is a mechanism for reducing the penalty, provided for by Art. 333 of the Civil Code of the Russian Federation.
By virtue of said article if the penalty payable is clearly disproportionate to the consequences of the breach of obligation, the court has the right to reduce the penalty. Reducing the penalty determined by the contract and payable by the person carrying out entrepreneurial activity, is allowed in exceptional cases, if it is proved that the collection of a penalty in stipulated by the agreement amount may result in the creditor receiving unjustified benefits.
It should be noted that there are no clear criteria for determining the proportionality of the penalty, which leads to discrepancies in judicial practice.
Thus, the mechanism for recovering a penalty in the desired amount, as well as reducing it to the desired amount, is quite complicated and requires the parties to act to prove the above circumstances.