Percentage payments for use. Interest for using other people's funds. Calculation of the amount of interest

The use of other people's money provides for the obligation to return the principal amount of the debt and the possibility of collecting interest. Someone else's money, which is in delay for a certain time, could serve and bring profit to the person who owns it. It is from this principle that the possibility of collecting a penalty, fine or interest from the debtor follows. This is provided by law, as well as the calculation of interest for the use of the debt amount. Consider the legal framework for collecting interest and examples of calculations.

All about the use of other people's financial resources

In the Civil Code of the Russian Federation, article 395 "Liability for non-fulfillment of a monetary obligation" guarantees are prescribed for a person whose money is illegally withheld. So the term for the return of the borrowed amount may be violated, the violation of payments for the goods received under the contract, enrichment due to the retention of other people's funds and other similar cases.

This is an additional collection in the form of interest on the total amount of the debt. may be indirect insurance from evading debt repayment. The borrower, knowing that debt requirements will grow, will put more effort into diligent performance of their obligations.

So, guided by Art. 395, you can sue an unscrupulous counterparty and recover an amount from him for using your money.

Calculation principles determined by law

The calculation must be made in accordance with the rules established by law. At first, interest is charged on the day the debt is due if there are no exceptions provided by law and other legal regulations. Secondly, interest is calculated based on the bank refinancing rate of the Central Bank of the Russian Federation at the time of payment of the debt amount. And if the case has gone to court, then the percentage of refinancing is taken into account on the day the court makes the decision or on the date of the filed claim.

Where can you quickly calculate the amount of interest for using someone else's money for your case? Many legal sites have a special calculator which calculates this data online. You just need to enter the initial information, such as the amount owed, delay in days and the refinancing rate. You can use this calculator to check your calculations.

True, in court, the final figure from the online calculation cannot be considered as a qualitative basis for collecting additional money from the borrower for using other people's funds. Need to have detailed and transparent calculation to be carefully checked. In case of drawing up a claim in court, you will also need to draw up a written calculation made on paper or Excel.

How interest is calculated for the use of someone else's money

As mentioned earlier, to calculate monetary claims for using other people's money, you need to know several components:

• the rate of the Central Bank of the Russian Federation;
• the amount of debt in arrears;
• delay period in calendar days.

How to determine the refinancing rate of the Central Bank of the Russian Federation for the calculation?

If we talk about the refinancing rate, then during the delay it can change several times. The principle of its determination for carrying out calculations is specified in the Resolution of the Plenums of the Supreme Supreme and Arbitration Courts of the Russian Federation dated October 8, 1998 No. 13/14. This regulatory document determines that in the event of a change in the refinancing rate during the delay period, it is advisable to take as a basis the value that is closest to all rates for this period. This is the average value and is used for the calculation.

For example, delay within 210 days, during which the refinancing rate took the following values: 7.5%, 7, 8%, 8%. Based on these data, it is advisable to take the value of 7.8%, which is the closest to both the first and the last value.

Formula and calculation example

Speaking about the direct calculation of the desired value for collection, you need to take the following formula:

Interest amount = Debt * Rate of the Central Bank of the Russian Federation / 360 / (banking days) * Delay in days.

It is worth considering an example of calculating interest for the use of someone else's money in specific figures.

• overdue debt is 100,000 rubles;
• The refinancing rate of the Russian Federation is set at 7.8% (as in the example earlier);
• The delay was 210 calendar days.

Let's calculate the amount of interest in stages, breaking the large formula into several short formulas:

Interest for the year = RUB 100,000 * 7.8% = RUB 7,800,

Interest amount for 1 day = RUB 7 800 / 360 (banking days) = 21.67 rubles. ,

The amount of interest for the period of delay = 21.67 rubles. * 210 cd = RUB 4,550,

or calculating in one formula:

Interest amount = 100,000 rubles. * 7.8% / 360 bank. days * 210 cd = RUB 4,550

So, the debtor of 100,000 rubles, which was overdue by 210 days, will have to return, in addition to the principal amount, an additional penalty of 4,550 rubles.

Statement of Claim and Monetary Claim

The calculation can end up with a small value in ruble terms if the debt is small and the delay was not so many days. Even if the result of the additional collection in monetary terms is small or even insignificant in your opinion, still include it in the claim. Since the general the amount of the claim may include many small claims, such as non-pecuniary damage, payment for the services of a representative, forfeit, which ultimately add up to a tangible amount.

At the discretion of the court, the amount may be reduced if the figure obtained as a result of the calculations is disproportionately greater than the consequences of the violation of the monetary obligation. So, the court will use Art. 333 of the Civil Code of the Russian Federation.

The debtor's lack of money is not an argument for non-payment of the principal and interest. The order of payments provides that the debtor is obliged to first pay off the principal debt, after which other payments will be credited as the amount of interest for the use of other people's funds.

Using these principles and formulas, you can easily calculate the final amount to be collected. Such a detailed calculation will also satisfy the proceedings in court, and you can indicate the amount to be collected in the statement of claim, and when considering the case, provide a full calculation in the formulas in written or printed form.

The article will help you to calculate the delay, determine the percentage for the use of other people's funds in accordance with.

The seller (contractor) is interested in the buyer (customer) fulfilling his monetary obligation in a timely manner. In the event of a delay in payment, the seller (buyer) will be interested not only in the counterparty paying for his debt, but also in collecting sanctions from him for late payment.

The seller (contractor), in the event of a delay in payment by the buyer (customer), may take the following measures against the violator:

• collect interest for non-fulfillment of a monetary obligation (clause 1);
• collect a penalty for the delay in the fulfillment of a monetary obligation (clause 1);
• recover losses due to late payment (clause 1);
• to foreclose on the goods transferred to the buyer and unpaid (clause 1, clause 5);
• demand the return of the transferred goods (clause 2).

General provisions on the procedure for the application and the amount of these sanctions are contained in the Civil Code of the Russian Federation. At the same time, some of these provisions of the law allow concretize in the treaty itself... In the event of a delay in payment, the seller (contractor) will be interested in collecting from the counterparty the largest possible amount of sanctions for the delay in payment for the goods (work). In this case, the seller (contractor) can establish in the contract a specific type of sanctions from those provided for in the law, the collection of which is most in line with his interests.

Consequently, when agreeing on the text of the contract, the task of the seller (contractor) will be to prescribe in the contract the most favorable conditions for the seller (contractor) on the collection of sanctions for late payment.

So, one of the types of security for a monetary obligation is the possibility of collecting additional interest. How to calculate the interest for using someone else's money, if the debt is more than two years and the refinancing rate has changed repeatedly?

They are called “ interest for the use of other people's funds in case of delay in payment”Are established and recovered only if the party violates the terms of the contract (delay in payment for the delivery of goods, unjustified evasion of debt repayment, unjust enrichment, etc.). According to the general principles of law, these funds are a kind of guarantee that the money will be paid on time, because no one wants to incur unnecessary expenses.

Interest under Article 395 of the Civil Code of the Russian Federation can be collected as additional sanctions, in addition to those that are spelled out in the obligation itself. This is liability for non-compliance with the terms of the contract established by law.

That is, if your counterparty is in no hurry to pay off the debt, then his responsibility can be “burdened” by calculating the interest for the use of your money and presenting it in court for collection.

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Article 395. Responsibility for failure to fulfill a monetary obligation

1. For the use of other people'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 shall be paid. The amount of interest is determined by the existing in the place of residence of the creditor, and if the creditor is a legal entity, in the place of its location bank interest rate on the day of fulfillment of the monetary obligation or its corresponding part. When collecting a debt in court, the court may satisfy the creditor's claim based on the discount rate of the bank interest on the day the claim is filed or on the day the decision is made. These rules apply unless a different interest rate is established by law or agreement.

2. If the losses caused to the creditor by the unlawful use of his funds exceed the amount of interest due to him on the basis of paragraph 1 of this article, he shall have the right to demand from the debtor compensation for losses in the part exceeding this amount.

3. Interest for the use of other people's funds shall be charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for the accrual of interest by law, other legal acts or an agreement.

4. In the event that an agreement of the parties provides for a forfeit for non-performance or improper performance of a monetary obligation, the interest provided for by this article shall not be subject to collection, unless otherwise provided by law or contract.

5. Calculation of interest on interest (compound interest) is not allowed, unless otherwise provided by law. For obligations fulfilled when the parties carry out entrepreneurial activities, the use of compound interest is not allowed, unless otherwise provided by law or contract.

6. If the amount of interest payable is clearly disproportionate to the consequences of the violation of the obligation, the court, upon the application of the debtor, has the right to reduce the interest provided for by the contract, but not less than to the amount determined based on the rate specified in paragraph 1 of this article.

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From August 1, 2016, to calculate interest for the use of other people's funds, it will be necessary to use the key rate of the Central Bank of the Russian Federation

The amount of interest for the use of someone else's money will need to be calculated based on what was in effect in specific periods of delay. The corresponding amendments made by the Federal Law of 03.07.16 No. 315-FZ will enter into force on 1 August 2016.

From 1 August 2016, interest will need to be determined differently. When calculating, it will be necessary to take into account not the average rates on deposits, but the key rate of the Central Bank of the Russian Federation, in force in the corresponding periods. In this case, a different amount of interest may still be established by law or agreement.

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Penalty rate, how can you calculate the percentage for using someone else's money?

The amount of interest can be determined in the contract. If the amount of interest is not specified in the contract, then it is determined by average bank interest rates on deposits of individuals at the place of residence of the creditor - an individual (the location of the creditor - organization), which are published on the website of the Bank of Russia.

If the non-payments are brought to trial, then the percentage of the bank rate on the day of the court verdict or on the date the claim is sent to court is taken into account.

To calculate the amount of interest for the use of other people's funds, a special calculator is used. It is available on many legal sites, the visitor of the resource only needs to enter the amount of overdue debt and the bank rate.

Meanwhile, it should be borne in mind that the courts, as a rule, require a detailed written calculation, and not a ready-made amount, since it always requires verification. Therefore, if you need a calculation for filing a statement of claim, it is better to know the algorithm for calculating interest, make the calculations yourself on paper or in Excel, and use the calculator for calculating interest for the use of other people's funds for control.

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FORMULA and EXAMPLE of calculating interest under Article 395 of the Civil Code of the Russian Federation for the use of other people's funds

To calculate interest under Article 395 of the Civil Code of the Russian Federation, you need to know that:

• The amount owed must be indicated with VAT.

  Note: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 22, 2009 No. 5451/09 on case No. A50-6981 / 2008-G-10

• Payment day is included during the period of delay in the fulfillment of a monetary obligation.

  Note: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 28, 2014 No. 13222/13 in case No. A40-107594 / 12-47-1003.

• Delay period must be determined at the rate of 30 days in a month and 360 days in a year, or in calendar days

So, in order to correctly calculate the interest, you need to know the amount of overdue debt, the number of days of delay and the average bank rate.

The Supreme and Supreme Arbitration Courts of the Russian Federation in the Resolutions of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of October 8, 1998 No. interest during the delay, it is advisable to apply the value that is closest to all rates in the specified period. For example, the debt was 200 days, during which the bank interest was 7%, 8% and 8.5%. Based on the above recommendations, the calculation should be based on a rate of 8%.

From the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of October 8, 1998 No. 13/14:

2. 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 assumed to be equal, respectively 360 and 30 days, unless otherwise established by agreement of the parties, rules binding on the parties, as well as business customs.

So, the calculation of interest for the use of someone else's money is made according to the formula:

Interest amount

Debt amount

Average Bank Rate valid during the period of delay

Number of days overdue

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Calculation of the amount of interest for the use of other people's funds

The formula for calculating interest can be given in the following example.

Initial data for the calculation:

• The amount of the debt under the loan agreement in the city of Kirov is 100,000 rubles.
• Weighted Average Bank Rate in the Volga Federal District - published on the website of the Central Bank of the Russian Federation
• Delay period from 01.01.2015 to 31.08.2015

Calculation of interest for the use of other people's funds under Article 395 of the Civil Code of the Russian Federation

With the amount of debt 100,000 rubles. (Volga Federal District)
interest for the use of someone else's money is:

• from 01.01.2015 to 31.05.2015 (151 days): 100,000 × 151 × 8.25% / 360 = 3,460.42 rubles.
• from 06/01/2015 to 06/14/2015 (14 days): 100,000 × 14 × 11.15% / 360 = 433.61 rubles.
• from 06/15/2015 to 07/14/2015 (30 days): 100,000 × 30 × 11.16% / 360 = 930 rubles.
• from 07/15/2015 to 08/16/2015 (33 days): 100,000 × 33 × 10.14% / 360 = 929.50 rubles.
• from 08/17/2015 to 08/31/2015 (15 days): 100,000 × 15 × 10.12% / 360 = 421.67 rubles.

Total: 6,175.20 rubles.

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CALCULATOR for calculating interest for the use of other people's funds under Article 395 of the Civil Code of the Russian Federation

It should be borne in mind that if the calculated amount of interest money for the use of someone else's money will clearly exceed the results of the violation of a monetary obligation, the court is allowed to reduce them at its own discretion, i.e. pity the offender.

In this case, the courts refer to, which allows you to reduce the amount of interest.

According to general rules, the debtor's lack of money cannot be a reason for releasing him from paying the debt. And if we talk about the sequence of repayment, then the funds under Art. 395 of the Civil Code of the Russian Federation are credited only after the principal amount is paid. Besides, the recoverer has the right to charge them up to the day of fulfillment of obligations under the contract.

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AT WHAT RATE to calculate interest for the use of other people's funds

The seller (contractor), when agreeing on the text of the contract, may indicate in the contract the rate at which interest will be accrued in case of delay in payment. For example, according to key rate of the Bank of Russia... This is due to the fact that otherwise the debtor would essentially benefit from his illegal behavior, illegally withholding other people's money and, in fact, taking out loans at a rate several times lower than if he took a loan from a bank. In other words, it is currently impossible to get a loan anywhere at a rate lower than the key rate of the Bank of Russia. Such a condition will discipline the counterparty to fulfill its monetary obligations in good faith.

The key rate of the Central Bank of the Russian Federation is currently the main indicator of the direction of the monetary policy of the Bank of Russia.

However, it should be borne in mind that the period of overdue debt can be quite long, up to several years. And the key rate itself was introduced only on September 13, 2013. In addition, its size has constantly changed both up and down over time. For this reason, the application of the key rate for the entire period of the debt arrears may lead to the fact that the lender will receive less interest than if he was collecting interest at average rates on deposits from individuals. To avoid this kind of situation, you need to weigh the possible risks of collecting interest at the key rate of the Central Bank of the Russian Federation in every possible way and choose the best option for yourself.

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Unfortunately, we often have to face the counterparty's dishonesty. The legislation of the Russian Federation offers, as compensation for losses, the opportunity to collect interest from the defaulter for the illegal exploitation of third-party assets. How to calculate interest for the use of other people's funds, what significant points need to be taken into account, what regulatory documents to rely on - you will find all this in the article. The calculation will also be made on a specific example.

What is the use of other people's funds

In modern conditions of doing business, a situation often arises when other people's assets are misused, especially These are cases such as:

• Delay in payment of receivables.
• Late return of loans and credits.
• Inappropriate withholding of amounts paid in excess or in error.

To make a calculation, you need to clarify several important points: clearly establish the time interval for which the penalty will be charged, that is, the date from which the accrual is proceeding and the date of completion of the accrual process, and the calculation procedure.

Determine the start date of the time interval

If we proceed from the general rule, then the start of the accrual of interest should be the next day after your counterparty has not fulfilled its obligations to you. Let's look at an example. The payment deadline for the goods is 07/31/2015, but the buyer did not pay. Consequently, the right to start calculating late fees begins on 01 August.

It happens that the contract does not indicate the exact date of payment, also in the case of excessive or erroneous payment of funds, how to determine the time interval for calculating interest? In this case, they rely on the demand date. This means that the debtor must return the funds within a week from the fact that he was asked to pay. From the eighth day, you can safely lead for the misuse of your money.

The claim must be made in writing, it is desirable that it contains a note that the debtor has received the document.

Determine the end date of the time interval

Interest is accrued throughout the period until the counterparty fulfills its obligation. Let's say, in our example, the buyer has deposited the entire required amount to the current account of your company on 08/08/2015. Therefore, interest will be calculated for the period from 01 August to 08 August.

Determine the interest rate

According to regulatory documents, the percentage of using other people's funds must be calculated based on the refinancing rate that is current at the time of fulfillment of the obligation. Since September 14, 2012, it has been approved at 8.25 and has not been revised since. This means that you need to calculate the interest based on this rate.

An important clarification. The provisions of the first paragraph of Article 395 come into force only if the parties in the agreement have not prescribed the amount of interest rate when calculating penalties for unlawful delays. If the parties took this moment into account in the agreement, then the calculation is made based on the rate specified in the document, and not the refinancing rate, respectively, the amounts will differ significantly.

We make a calculation

Let's now make for the use of other people's money. Let's assume that the debt for the goods was 100,000 rubles. The term of use is eight days. 100,000 / 100 * 8.25 = 8250 rubles. This is the amount for a year, and we need to calculate it in 8 days. According to regulatory documents, for the calculation of interest, it is assumed that there are 360 ​​days in a year, which means that 8250/360 * 8 = 183.33 rubles.

Or you can use a different formula to calculate:

Interest Amount = (Refinancing Rate * Amount of Debt * Number of Days of Delay) / 36000

We count using this formula: (8.25 * 100000 * 8) / 36000 = 183.33 rubles. Use whichever calculation option you find the easiest.

On the Internet, you can also find special calculators that will allow you to quickly calculate the interest for using other people's money. You will need to enter in a special table the amount of debt and the period for which it was formed. The calculation is performed instantly. You will see not only the total amount, but also the amount for one day of delay in interest and rubles.

The same formula is used to calculate the penalty on taxes and fees, on arrears for utility services and other payments. Knowing this formula will help you independently check the correctness of calculating the amount of interest on your debts.

Regulations

The calculation of interest for the use of other people's funds is established by a number of regulatory documents:

• the most important document is the Civil Code, article 395;
• the beginning of the time interval for calculating interest is established in accordance with the norms of article 191 of the Civil Code of the Russian Federation;
• the end of the time interval for calculating interest and data on days of the year for calculating interest at the rate of the Central Bank of the Russian Federation are established by Resolution No. 13/14 of 08.10.1998, which was issued by the Plenum of the Supreme Court and the Supreme Arbitration Court of the Russian Federation and Article 316 of the Civil Code of the Russian Federation;
• the clarification of which interest rate to be guided by is contained in the Resolution of 01.07.1996 number 6/8, which was issued by the Plenum of the Supreme Court and the Supreme Arbitration Court of the Russian Federation;
• data on the refinancing rate are contained on the website of the Central Bank of the Russian Federation.

In fact, the calculation of interest for the use of other people's funds contains an even greater number of nuances and subtleties, but in most cases the information specified above will be enough to bill counterparties and collect penalties.

At the rate of the Central Bank online with the latest changes 2019

This Calculator will help you calculate the penalty for late payment of debt. This penalty interest is calculated from the date when the debtor was obliged to make payment until the date of the actual payment of the debt or the presentation of claims in court. It can be applied in case of violation of the terms of payment of funds for any monetary contractual obligations, contracts, agreements or in case of untimely execution of a court decision.

It happens that the receipt (or the agreement) provides for interest for the use of the loan, but it happens that it is not provided. In any case, the collection of interest on a receipt (loan agreement) is possible, even if you have not agreed on interest with the borrower. Since the Russian legislation, by default, provides for the paid use of other people's money. So how do you calculate the interest on a loan?

The calculation of interest on receipt for the use of funds is as follows:

If interest is not stipulated in the receipt (loan agreement), then the amount of interest for the use of your funds is equal to the refinancing rate of the Central Bank of the Russian Federation in effect for the period of your loan. How much its rate is, you can always find out on the Internet by typing in the search line the phrase "What is the refinancing rate of the Central Bank of the Russian Federation." From September 14, 2012 to the present moment (summer 2014), it is 8.25%.

As of today (May 26, 2017) the refinancing rate is 9.25%. But I will not recount the examples given below, because the meaning remains the same.

This provision is contained in Article 809 of the Civil Code of the Russian Federation:

1. Unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the amount of the loan in the amount and in the manner determined by the agreement. In the absence of a condition on the amount of interest in the agreement, their amount is determined by the existing in the place of residence of the lender, and if the lender is a legal entity, in the place of its location by the bank interest rate (refinancing rate) on the day the borrower pays the amount of the debt or its corresponding part.
2. Unless otherwise agreed, interest is paid monthly until the day the loan amount is repaid.
3. The loan agreement is assumed to be interest-free, unless it expressly stipulates otherwise, in cases where:
   • an agreement is concluded between citizens for an amount not exceeding fifty times the minimum wage established by law, and is not related to the implementation of entrepreneurial activity, at least by one of the parties;
   • under the agreement, not money is transferred to the borrower, but other things determined by generic characteristics.
4. In case of early repayment of the loan amount provided at interest in accordance with paragraph 2 of Article 810 of this Code, the lender has the right to receive interest from the borrower under the loan agreement, accrued inclusively until the day the loan amount is returned in full or in part.

If interest is stipulated by the receipt, then, of course, the calculation is based on the interest rate indicated in the receipt.

IMPORTANT:

The loan agreement is assumed to be interest-free, unless otherwise expressly stipulated in it, in cases where the agreement is concluded between citizens for an amount not exceeding fifty times the minimum wage (minimum wage) established by law and is not related to the entrepreneurial activity of at least one of the parties; In January 2014, the minimum wage is 5554 rubles. Thus, the loan amount less than 277,700 rubles is considered to be interest-free if the interest was not indicated in the receipt or agreement. This applies to Art. 809 of the Civil Code of the Russian Federation, that is, interest for using a loan. This has nothing to do with the violation of the loan repayment period (failure to fulfill the monetary obligation).

Another case is when a non-fulfillment of a monetary obligation occurs.

The receipt or the loan agreement may provide for interest for the delay in repayment of the loan (failure to fulfill a monetary obligation), or it may not.

If the contract or receipt indicates interest for late payment, then it must be calculated based on this interest rate.

If interest for late repayment of the debt is not provided, but money is not given to you, then we again resort to the refinancing rate of the Central Bank of the Russian Federation, which was mentioned above and we calculate based on its size, which is in effect on the day the claim is filed in court or on the day the decision is made ( you decide).

In other words, in case of default by the borrower of the monetary obligation, today you have the right to an increase to the size of your loan 8.25% of the loan amount per year.

Article 395 of the Civil Code of the Russian Federation tells us about this:

1. For the use of other people'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 is payable on the amount of these funds. The amount of interest is determined by the existing in the place of residence of the creditor, and if the creditor is a legal entity, in the place of its location by the discount rate of the bank interest on the day of the fulfillment of the monetary obligation or its corresponding part. When collecting a debt in court, the court may satisfy the creditor's claim based on the discount rate of the bank interest on the day the claim is filed or on the day the decision is made. These rules apply unless a different interest rate is established by law or agreement.
2. If the losses caused to the creditor by the unlawful use of his monetary funds exceed the amount of interest due to him on the basis of paragraph 1 of this article, he shall have the right to demand compensation from the debtor in the part exceeding this amount.
3. Interest for the use of other people's funds shall be charged on the day of payment of the amount of these funds to the creditor, unless a shorter period is established for the accrual of interest by law, other legal acts or an agreement.

Loan interest calculator, for calculating interest for non-fulfillment of a monetary obligation http://upjobs.ru/395gk-calculator/

Use a calculator including VAT, as excluding VAT is wrong. This has already been thought a lot, argued about, decisions of the Supreme Arbitration Court were passed, and nevertheless it was decided that the calculation of the amount of debt for non-fulfillment of a monetary obligation should be considered with VAT.

Let's take a look at the calculation of interest for using a loan in numbers:

For example, the loan amount is 300,000 (three hundred thousand) rubles at 8.25% per annum.

To do this, we first calculate how much in rubles is 1%, and then multiply all this by 8.25.

We divide 300,000 rubles by 100% and we get that 1% = 3000 rubles.

Now 8.25% * 3000 rubles = 24750 rubles.

That is, 8.25% of 300,000 rubles is 24,750 rubles.

Thus, with such a loan and this amount of interest, for using the loan per year we can demand from the borrower +24,750 rubles to the total amount of the debt.

If we divide 24,750 rubles by 12 months, then we get that for one month the interest is 2,062.5 rubles.

Accumulation of interest for the use of the loan and the deadline for going to court.

Interest tends to accumulate over time. Therefore, this should be borne in mind. But at the same time, it must be remembered that three years after the non-repayment of the debt, the creditor loses the right to go to court to collect the debt, since the limitation period for such cases is 3 years.

It happens that according to the receipt, interest is not provided, that is, according to the receipt, the borrower uses the money free of charge during the entire time of the loan. At the same time, the debt repayment period has passed, and the borrower does not return the money. It is possible to calculate percentages in this case, taking into account everything that I described above, but I will explain with an example:

Example.

On July 10, 2011 Savelyev borrowed 300,000 rubles from Bort without interest. Pledged to repay the debt on July 10, 2012.
July 10, 2012 came, but Savelyev did not return the money.
It was already May 15, 2013, Savelyev did not show up with the money, and Bort decided to collect the debt from Savelyev "in full".
We calculate the interest for the use of funds:
Since interest is not provided by the receipt, we consider 8.25%.
We get that 8.25% of 300,000 rubles is 24,750 rubles per year, 2,062.5 rubles per month or 68.75 rubles per day.
From July 10, 2011 to May 15, 2013, 2 years 9 months and 15 days have passed.
For the entire period of the loan from July 10, 2011 to May 15, 2013, Savelyev owes Bort 69,093.75 rubles for using the loan.

But he is still overdue to repay the debt! That is, he allowed non-fulfillment of a monetary obligation. We calculate the interest for non-fulfillment of the monetary obligation:

For a loan delay, interest is also not provided in the receipt. Therefore, we start again from 8.25%.
We remember that 8.25% of 300,000 rubles is 24,750 rubles per year, 2,062.5 rubles per month or 68.75 rubles per day.
Delay of a loan from July 10, 2012 to May 15, 2013 - 1 year, 9 months and 15 days = 44343.75 rubles.

Simultaneous application of Art. 809 of the Civil Code of the Russian Federation and Art. 395 of the Civil Code of the Russian Federation.

If, according to a receipt or a loan agreement, interest is provided for the use of monetary funds, but interest is not provided for non-fulfillment of a monetary obligation, then we calculate accordingly: for the use of a loan at the interest indicated in the receipt (agreement), and for failure to fulfill a monetary obligation - at the general rate refinancing, which today is 8.25% of the loan amount.

There is an opinion among lawyers that when calculating interest and recovering the amount of debt, the use of both Article 395 and Article 809 of the Civil Code of the Russian Federation is not applicable, since double responsibility is allowed for one violation (delay in debt repayment). But in reality, the interest provided for under Art. 809 of the Civil Code of the Russian Federation (for the use of money) are charged precisely for the use of money and are calculated until the debt is repaid (and not until the moment when the loan was to be repaid), and the interest provided for in Article 395 of the Civil Code of the Russian Federation is for violation of the debt repayment period. After all, until the money is returned, you have to pay for their use (regulatory obligation of the law). And for the delay in repayment of the debt, a separate additional sanction is provided (protective duty of the law).

Rest assured.

The above paragraph is intended to protect you from the delusions of the courts and others who often mistakenly consider this application of the law to be a double responsibility. The prevailing vicious practice is due to its erroneousness to the low qualifications of the plaintiffs, who apply to the court for the collection of interest under the loan agreement and misinterpret the norms of the law. In my legal practice, a firm conviction in my righteousness, coupled with a competent justification of my point of view, gave a positive result. True, for this it was necessary to appeal the court decision to the appellate court. But it was worth it.

If you think that the borrower is wrong for a long time and is clearly overusing your patience, try to take action. Calculate how much your borrower's debt is already, remind him of this. Write him a letter warning that you intend to go to court, in general, remind him of yourself, let him not forget.

Although the refinancing rate has changed, which occurs in connection with public affairs, the rest of the entire debt collection procedure remains the same.

On this I, perhaps, will stop, and this turned out much more than planned. I hope everything is clear.

We described the whole process of debt collection on a receipt in a step-by-step guide - from the first to the last step. You can get it for free.