Penalty - this is a serious violation
In business turnover, such aterm, as a penalty. This concept in accordance with Russian law is considered in the Civil Code (article 330 of the first part). In it, fine, penalty, which are synonymous with a penalty, are designated as amounts determined by law or contract paid to the creditor, if the obligation is performed in an inappropriate manner (for example, fines are often paid due to late payment).
A forfeit is a relationship between the debtor andcreditor, which must necessarily be fixed in writing (usually in the form of a clause in the contract). If this has not been done, penalties, fines do not have a right to exist. In addition, you can not require that a penalty be paid if the debtor is not responsible for any obligation or its proper performance.
As already mentioned, the forfeit is a concept,established by an agreement or law. In the latter case, it is called legal and paid regardless of whether the parties have agreed on it or not. Penalties in the form of a legal penalty can be increased, but in the event that they are incommensurable with the consequences that resulted in non-performance of obligations (penalties are very high), in accordance with the court decision, the amount of the penalty may be reduced (under Article 333 of the Civil Code of the Russian Federation).
The penalty percentage is establishedcontracting parties or is rigidly fixed in the relevant normative act. For example, often we see a penalty for late payments in receipts for payment of an apartment or electricity, the size of which is indicated in local legislation.
When a penalty is a payment, incommensurategreat in comparison with the amount of the principal debt, the debtor is obliged to provide evidence evidencing such a state of affairs to the arbitration court of any instance. As a rule, the court makes a positive decision, if it is only an apparent disproportion. This takes into account the interest and payments that have already been made to the creditor. But to expect to reduce the size of the penalty in the event that it was increased for some reason in its legal part, it is not necessary.
For the purposes of taxation, the penalty for delay andother violations of the performance of obligations are attributable to the recipient of non-operating income in the event that they are recognized as a debtor or the court's decision comes into force at the disposal of the organization. This procedure is established in Article 250 of the Tax Code of Russia.
In accounting, fines and penalties are reflectedthen, when a month has passed since the court decision came into force (if there was no appeal to arbitration instances) or they were recognized as a debtor. The basis for recognition should be a document, for example, a letter, a bilateral act, etc. Transactions are made in the debit of account 76 and the credit of account 91. When the forfeit amounts are directly received by the organization, the creditor must make postings on the credit of the 76th account and debit of account No. 51 .