⭐ ⭐ ⭐ ⭐ ⭐ Legal topics are very complex, but in this article we will try to answer the question “An example of calculating penalties using the Calculator Art. 155 Housing Complex of the Russian Federation.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.
This paragraph introduces another new term: the refinancing rate. The value of the rate can be found on the official website of the Central Bank of the Russian Federation. Currently (02/04/2020) the rate is 11.00%. Please note that the rate is indicated as a percentage and to calculate the penalty it must be converted into shares: Rate = 11.00% / 100% = 0.11.
Mechanism for calculating penalties for housing and communal services
To describe the mechanism for calculating penalties for housing and communal services (HCS), it is necessary to define the basic terms. The first is the payment term. According to the norms of the current legislation, payment for residential premises and utilities is paid monthly before the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement of an apartment building or by a decision of the general meeting of members of the homeowners association, housing cooperative or other specialized consumer cooperative (Article 155 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ).
Introduction
The counting of the number of days of delay begins on the next day after the due date for payment. Those. If the payment deadline is set on the 10th day of the month, then the counting of the number of days of delay will begin on the 11th day and will continue until the debt amount is fully repaid (including the repayment day).
Hello, Ilnaz! According to the law, from January 1, 2020, penalties for the first thirty days of delay are not charged, so the calculator starts counting from 31 days, and for the first 30 days indicates the percentage of the rate for calculation “0”, so that in the final table the first period of delay (30 days) was visible, and no penalties were charged on it.
How is housing and utility debt calculated for the court?
- Amount of principal. These are monthly charges for services provided by public utilities and calculated using approved tariffs.
- The amount of penalties determined by the methodology specified in Article 155 of the RF Housing Code.
- Legal costs borne by the enterprise that goes to court. In this case, the indicated amounts must be proven. Legal costs include:
- payment of state duty, which varies depending on the status of the creditor and the price of the claim;
- costs of legal services received to prepare a claim. This provision is enshrined in the Code of Civil Procedure of the Russian Federation in Articles 94 and 135;
- payment of entertainment expenses related to the conduct of the case.
- the amount of the penalty depends on the refinancing rate at the rate of 1/300 for each day of delay in the period from 1 to 90 days;
- there is an increase to 1/130 when the next day comes after the period limited by the first rate.
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Penalty calculator for utility debts (RF Housing Code)
Hello Irina! It’s not clear - what exactly are your difficulties? The principle of operation of the penalty calculator is simple: enter the amount of debt and the starting date of the delay, if there were more charges, then enter them through the “more debt” button, if there were partial payments, then also indicate them in the calculator. The calculator will calculate penalties on an accrual basis, and the table will show the charges for each debt and for each period. Good luck!
Fill out the form and click “calculate”
- in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the debt amount for each day of delay, starting from 31 days following the day of the established payment deadline, until the day of actual payment, made within 90 calendar days from the date of payment the payment deadline, or until the expiration of 90 calendar days after the date of the established payment deadline, if payment is not made within the 90-day period;
- in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay, starting from the 91st day following the day of the due date for payment, until the day of actual payment.
- the date the debt arose (when it was necessary to pay for housing and communal services);
- the amount required to be paid;
- if there are several periods for which the debt was formed, all are indicated in order;
- end date – the date of calculation of the penalty (usually current);
- if a partial payment was made, indicate its date, amount and for which month the invoice was issued (it is possible to import data from the table);
- indicate the calculation method;
- By checking the “Signature when printing” field, in the output form we will receive a link to the calculator in which the calculation was carried out.
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Calculator for utility bills (housing and communal services) operates according to new rules in accordance with the norms of Part 14 of Art. 155 of the Housing Code, calculates the debt and penalties using the key rate that was in effect at a particular period of time. Fill in the required initial parameters in the form and click on the “Calculate” button.
All users of residential premises are required to pay monthly utility bills based on documents issued by service providers. According to Article 155 of the Housing Code, if payments are late, the supplier has the right to collect not only the amount of the debt, but also penalties on it. The information in the article has not changed in 2020.
Calculator for calculating housing and communal services penalties under Art. 155 Housing Code of the Russian Federation: step-by-step instructions
By personal data I understand any information relating to me as a Personal Data Subject, including my last name, first name, patronymic, address, education, profession, contact details (telephone, fax, email, postal address), photographs, other other information. By processing of personal data I mean collection, systematization, accumulation, clarification, updating, modification, use, distribution, transfer, including cross-border, depersonalization, blocking, destruction, indefinite storage), and any other actions (operations) with personal data.
Calculation of penalties under 44-FZ - online calculator
Penalties are one of the forms of penalties that are assessed for late execution of a contract or non-compliance with the terms of the contract. To accurately determine the funds paid, it is recommended to use an online penalty calculator under 44-FZ. In 2019, there were some changes to the counting procedure. Before starting work on the service, you must familiarize yourself with them.
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To calculate penalties under 44-FZ, a special service with a calculator is used. Since 2020, a new simplified calculation formula has been used. The volume of payments is determined depending on the refinancing rate of the Central Bank of the Russian Federation. The calculation is carried out according to the following formula:
Calculator for calculating penalties for paying utility bills (RF Housing Code)
The processing of personal data of the Personal Data Subject can be carried out using automation tools and/or without the use of automation tools in accordance with the current legislation of the Russian Federation and the internal provisions of the DND.
You will also find it useful:
The processing of personal data of the Personal Data Subject is carried out solely for the purpose of registering the Personal Data Subject in the DND database with the subsequent sending to the Personal Data Subject of mail messages and SMS notifications, including advertising content, from DND, its affiliates and/or subcontractors, information and newsletters, invitations to DND events and other advertising and news information, as well as for the purpose of confirming the identity of the Personal Data Subject when attending DND events.
In accordance with current legislation, payment for housing and communal services must be made before the 10th day of the month following the billing period , unless a different payment period for these services is established by the management agreement or the general meeting of members of the homeowners association or cooperative.
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Examples of calculations
In case of prolonged evasion of payment for utility services, the management company has the right not to limit itself to charging a penalty, but to apply additional methods of influence to the citizen: turn off the hot or cold water supply, electricity.
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Procedure and rules for calculating penalties, terms and amounts
The obligation of apartment owners to pay monthly for utilities is established by law. They transfer funds in the amount and according to the details specified in the receipts sent out by the management company regularly. If a citizen ignores the need to make transfers, he is subject to monetary sanctions - penalties for housing and communal services, calculated in accordance with the provisions of Art. 155 of the Housing Code of the Russian Federation or the terms of the agreement and act.
When forming a debt, the resource supplying organization has the right to demand only one of the specified types as recovery. In other words, utility companies cannot send a notice of repayment of first the penalty and then the penalty.
How are penalties for late payment for housing and communal services calculated?
The total amount of penalties for late payment for housing and communal services in the period from September 11, 2020 until the actual payment of the debt amount on December 16, 2020, taking into account partial payment, will be 47.16 rubles.
In terms of the number of days overdue for payment for housing and communal services, the situation is as follows:
5. From December 10, 2020 to December 16, 2020, the amount of late payment will already be more than 90 days and will amount to another 7 days 1/130 of will be applied .
Hello Irina! It’s not clear - what exactly are your difficulties? The principle of operation of the penalty calculator is simple: enter the amount of debt and the starting date of the delay, if there were more charges, then enter them through the “more debt” button, if there were partial payments, then also indicate them in the calculator. The calculator will calculate penalties on an accrual basis, and the table will show the charges for each debt and for each period. Good luck!
Key rate (refinancing rate)
(debt for December
If you need help installing a calculator on your website, you can contact us by email, or by, or log in to the website and contact us through the form A link to the Contract-Yurist.Ru website is required.
Mechanism for calculating penalties for housing and communal services
If the payment is received from the 31st to the 90th day from the due date, the amount of the penalty will remain at 1/300. Even more stringent sanctions are provided for management organizations that do not pay for the services of resource supply organizations on time.
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Good afternoon I have respect for all participants in the housing and communal services forum. Questions have arisen regarding the clarification of the calculation of penalties from 01/01/2020. I will express my opinion. The penalty is calculated on the date of payment. Changes to the procedure for calculating penalties were introduced from 01/01/2020. If you paid the debt after 01/01/2020, the penalty will be calculated in accordance with the current wording of clause 14 of Art. 155 Housing Code of the Russian Federation. Example: The amount of housing and communal services for August 2020 is 3000 rubles, the payment deadline is 09.10.2020. The payment date is 01.12.2020. The amount of penalties = 1. from 09.11.2020 to 10.10.2020 = 0 2. from 11.10. 2020 to 12/10/2020 = 3000 x 11% / 300 x 60 days = 66.00 rubles (from 31 to 90 days of delay) 3. from 12/11/2020 to 01/12/2020 = 3000 x 11% / 130 x 32 days = 81.23 rubles (from the 91st day or more) Total penalty = 147.23 rubles.
The calculator is intended for use for personal, non-commercial purposes. When calculating penalties in HOAs, housing cooperatives, and housing and communal services management companies, we recommend using specialized software.
Comments (218)
Only when using specialized software will an accountant (accountant) for housing and communal services be able to set up and make the necessary calculations in the shortest possible time, print receipts and prepare reports in an automated mode.
The amount of the penalty depends on the amount of the debt, the number of days of delay in payment, as well as the refinancing rate of the Central Bank of the Russian Federation (CBRF) - now it is called the key rate of the Central Bank of the Russian Federation.
Calculation of penalties under a supply agreement in 2019 calculator
Thus, the size of the social pension for disabled citizens according to the Federal Law of the Russian Federation “On Veterans”, the amount of which is subject to indexation annually. How to calculate a penalty under a contract - formula and online calculator Calculator of penalties accrued to the supplier under the Federal Law prepared by experts Calculator of penalties accrued to the supplier under the Federal Law Calculation formula: C - contract price; B - the cost of the contractual obligation actually fulfilled on time by the supplier is determined on the basis of the acceptance document, incl.
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Indeed, with However, for the purposes of calculating interest under Art. 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 taken equal to 30 days, respectively, unless otherwise established by agreement of the parties, rules binding on the parties, as well as business customs. Calculation of Penalty Per Year Calculator By following this link, we find that the latest changes in average rates have been made
How are penalties for late payment for housing and communal services calculated?
→ penalties are accrued starting from the 31st (thirty-first) day following the due date for payment. That is, if you need to make payment for August 2020 before September 10, 2020, penalties will begin to accrue only from October 11, 2020. And during this period (a whole month) it is possible to repay the debt without accruing penalties.
In terms of the number of days overdue for payment for housing and communal services, the situation is as follows:
4. From November 16, 2020 to December 9, 219, the amount of delay in full payment will be 24 days , the amount of the penalty will also be calculated using 1/300 of the refinancing rate of the Central Bank of the Russian Federation as follows:
The total accrual percentage cannot exceed 50% of the total debt incurred. For example, if the owner of an apartment needs to pay 15,000 rubles, then the amount should not be more than 7,500 rubles. Increasing the payment requirement is a direct violation that housing and communal services employees will not agree to.
Calculator and sample calculation of penalties for housing and communal services in accordance with Article 155 of the Housing Code of the Russian Federation
- starting from the fourth month after the start of late payment, they are calculated using the formula: Penalties are equal to the amount of debt multiplied by the refinancing rate, divided by 130 multiplied by the number of days of delay.
- the second and third months after the start of late payment are calculated using the formula: Penalties are equal to the amount of debt multiplied by the refinancing rate, divided by 300 multiplied by the number of days of delay.
Payment for housing and communal services must be made within 30 days from the moment the debt arose, that is, the 10th day from the beginning of the month.
If payment is not made during this period, penalties begin to accrue to the apartment’s personal account - a type of penalty that threatens for failure to fulfill the established obligation to pay for housing and communal services on time.
Calculator for calculating penalties for heating services
- on obligations that are expressed in monetary terms, interest can be accrued (Article 317.1);
- another type of security is a penalty (Article 332).
- the accrued penalty is security for the fulfillment of obligations (Article 330);
However, do not forget that this rule applies only in the absence of an indication in the contract. Since the law gives priority to the contractual regulation of economic relations, the legal penalty is left to the discretion of the creditor himself, and in this case, to the housing and communal services service provider.