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Late payment penalty is a penalty for late payment. The standard of late payment penalty shall be agreed upon by the parties. If there is no agreement between the parties, it shall be calculated with reference to the standards provided for in the judicial interpretation of the Supreme People's Court on liquidated damages for late payment.
According to the Reply of the Supreme People's Court on the Question of the Standard for Calculating Liquidated Damages for Late Payment dated 29 January 1999 and the Reply on Amending the Reply on the Question of the Standard for Calculating Liquidated Damages for Late Payment dated 13 November 2000, "If the parties to the contract have not agreed on the standard of liquidated damages for late payment, the people's court may calculate the liquidated damages for late payment by referring to the standard for financial institutions to calculate interest on overdue loans stipulated by the People's Bank of China. When the People's Bank of China adjusts the standards for financial institutions to charge interest on overdue loans, the people's courts may adjust the calculation standards for calculating liquidated damages for late payment accordingly.
According to the current calculation standard of the People's Bank of China, the calculation standard of liquidated damages for the parties to the contract can be calculated at 2/10,000 per day.
If there are indeed matters that have not been fully performed when the property management company performs the contract of the property management company, and the relevant fee items in this regard cannot be clearly distinguished, and the owner proposes to reduce the property management fee, the court may determine the corresponding property management fee according to the content and quality of the property management service. If the owner pays the property fee accordingly, there is no need to pay a late fee.
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For example, if the tax calculation should be based on the 10th day of each month (postponed accordingly if it falls on a statutory holiday), the late fee should be calculated. Interest is charged at 5/10,000 per day.
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The formula for calculating late fees is as follows:
1. From the date of overdue tax, a late fee of 5/10,000 of the overdue tax will be charged on a daily basis. The calculation formula is as follows: late payment penalty = late tax multiplied by the number of late payment days multiplied by the late payment of the gold plus rate;
2. For the new outstanding social insurance premiums of the employer, from the date of non-payment to the day before the employer declares the successful supplementary payment, a late fee of 5/10,000 will be charged according to the amount of the outstanding payment.
Late payment penalty is a certain percentage of the overdue tax payment for taxpayers who do not pay taxes within the tax payment deadline, and it is a measure of economic sanctions imposed by the tax authorities on taxpayers who are overdue in paying taxes.
The characteristics of late fees are mainly the following:
1. It has the characteristics of statutory, mandatory and punitive. The so-called statutory nature means that the late payment fee is the money expressly stipulated in national laws and regulations, and individuals and other groups have no right to set it up privately;
2. Mandatory means that the collection of late fees is guaranteed by the state's coercive force;
3. Punitive refers to the punitive measures taken by late payment fees for payment beyond the specified time limit. According to the above characteristics of late payment fines, late payment fees can only occur in the process of unequal legal status of the two parties and the exercise of public power by the state, and the relevant laws and regulations stipulate that: "If the taxpayer fails to pay the tax within the prescribed time limit, and the withholding agent fails to release the tax within the prescribed time limit, the tax authorities shall impose a late payment penalty of 5/10,000 of the overdue tax amount on a daily basis from the date of the overdue tax payment, in addition to ordering the payment within the time limit."
Legal basis] Social Insurance Law of the People's Republic of China
Article 63 Where an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit. If the employer fails to pay or make up the social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; They may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their depositary banks or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premiums to be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.
If the employer fails to pay the social insurance premiums in full and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premiums to be paid, and use the auction proceeds to offset the social insurance premiums.
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The calculation formula is: late payment penalty = (minimum repayment amount repaid by the due date of repayment) If the Tax Collection and Administration Law stipulates that if a taxpayer fails to pay the tax within the prescribed time limit and the withholding agent fails to release the tax within the prescribed time limit, the tax authorities shall impose a late payment penalty of 5/10,000 of the overdue tax amount on a daily basis from the date of the overdue tax payment, in addition to ordering the payment within the prescribed time limit.
In addition, there are similar provisions in the Measures for the Collection of Water Resources Fees.
Because the concept of late payment penalty is within the scope of administrative regulations, it should not be used when it involves the assumption of civil liability in civil and commercial judgment documents.
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The late fee is generally calculated as follows: the late fee is equal to the amount of tax payable multiplied by the number of late days. Late payment penalty usually means that if the tax is not paid within the tax declaration deadline stipulated in the tax law, then a certain percentage of the overdue amount will be added according to the number of days of late payment, which is an economic sanction against taxpayers and withholding agents.
Late fees are generally statutory, mandatory and punitive.
[Legal basis].
Law of the People's Republic of China on the Administration of Tax Collection Article 32 If a taxpayer fails to pay the tax within the prescribed time limit or the withholding agent fails to release the tax within the prescribed time limit, the tax authorities shall impose a late payment penalty of 5/10,000 of the overdue tax amount on a daily basis from the date of the overdue tax payment, in addition to ordering the taxpayer to pay the tax within the prescribed time limit.
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The late fee calculation formula is generally as follows: the late fee is equal to the amount of tax payable multiplied by the number of late payment days. Late payment penalty usually means that if the tax is not paid within the tax declaration deadline stipulated in the tax law, then a certain percentage of the overdue amount will be added according to the number of days of late payment, which is an economic sanction against taxpayers and withholding agents.
Late fees are generally statutory, mandatory and punitive.
[Legal basis].
Law of the People's Republic of China on the Administration of Tax Collection Article 32 If a taxpayer fails to pay the tax within the prescribed time limit or the withholding agent fails to release the tax within the prescribed time limit, the tax authorities shall impose a late payment penalty of 5/10,000 of the overdue tax amount on a daily basis from the date of the overdue tax payment, in addition to ordering the taxpayer to pay the tax within the prescribed time limit.
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Article 109 of the Road Traffic Safety Law stipulates that if a party fails to pay the fine when due, a fine of 3% of the amount of the fine shall be imposed for each day.
Article 52 of the Provisions on Procedures for Handling Road Traffic Safety Violations stipulates that if the person fails to perform the administrative penalty decision within the time limit and fails to pay the fine when due, an additional fine shall be imposed at 3% of the amount of the fine per day, and the total amount of the additional fine shall not exceed the amount of the fine. Therefore, the late payment penalty is determined according to the amount of the fine, which is increased by 3% per day, but will not exceed the amount of the fine in the end, i.e. only double the amount of the late payment penalty at most.
1. How to deal with off-site parking tickets.
1) Shall hold the ID card, driver's license, and Donghui closed driving license to the traffic police brigade that issued the illegal notice or the traffic police brigade at the place where the motor vehicle is registered to be processed;
2) Where a fine must be paid, and the fine is not paid when due, an additional fine of 3 per day is to be imposed, and the administrative organ that made the administrative punishment decision shall apply to the people's court for compulsory enforcement.
3) According to the Road Traffic Safety Law of the People's Republic of China?? Article 93 Anyone who violates the provisions of road traffic safety laws and regulations on the parking or temporary parking of motor vehicles may point out the illegal acts, give them a verbal warning, and order them to leave immediately. If the driver of the motor vehicle is not at the scene or refuses to leave immediately despite being at the scene, obstructing the passage of other vehicles and pedestrians, a fine of not less than 20 yuan but not more than 200 yuan shall be imposed, and the motor vehicle may be towed to a place that does not obstruct traffic or a place designated by the traffic management department of the public security organ for parking.
The traffic management department of the public security organ shall not charge the party for the tow, and shall promptly inform the party of the parking location. If the motor vehicle is damaged due to the incorrect method of towing, it shall bear the liability for compensation in accordance with the law.
Article 109:Where parties fail to perform on an administrative punishment decision within the time limit, the administrative organ that made the administrative punishment decision may employ the following measures:
1) Where the fine is not paid when due, an additional fine of 3 of the amount of the fine shall be imposed for each day;
2) Apply to the people's court for compulsory enforcement.
2. Is there a late fee for car violation fines in my country?
In my country, is there a late fee for car violation fines?There are clear laws and regulations, and generally speaking, there are late fees for car violation fines. Late payment penalty for traffic fines refers to a kind of punitive money levied on the payer beyond the prescribed payment period, generally according to the number of days beyond the specified period, a certain percentage of the payable amount is levied every day.
According to the theory of administrative law, late fees are a type of enforcement penalty in administrative enforcement.
According to Article 109 of Chapter VII of the Road Traffic Safety Law of the People's Republic of China, traffic offenders must go to the relevant departments to accept processing or fines within 15 days of receiving the traffic violation certificate, and if they do not accept the processing within the time limit, they will be charged a late fee of 3% of the fine per day from the 16th day. In the "Provisions (Draft for Comments)" released by the Ministry of Public Security, a provision has been added that "if the fine is not paid when due, an additional fine shall be imposed at 3% of the amount of the fine per day, and the total amount of additional fines shall not exceed the amount of the fine".
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Summary. Hello dear, the formula for calculating late fees is: late fees = payables late fee rate number of late payment days. Among them, the late fee rate is generally the number of days of late payment is the number of overdue days.
How to calculate late fees Calculation formula.
Dear, hello, the calculation formula of late payment fee is: late fee = payable late payment fiber dismantling rate late payment days. Among them, the late fee rate is generally the number of days of late payment is the number of days overdue for the inspection.
Dear, hello, the calculation formula of late payment penalty is: late payment fee = (minimum repayment amount - repayment amount by the due repayment date) If the Tax Collection and Administration Law stipulates that if a taxpayer fails to pay the tax within the prescribed time limit and the withholding agent fails to release the tax within the prescribed time limit, the tax authorities shall impose a late payment penalty of 5/10,000 of the overdue tax amount on a daily basis from the date of the overdue tax payment.
Because the concept of late payment penalty Chi Hui belongs to the scope of administrative regulations, it should not be used when it involves the assumption of civil liability in civil and commercial judgment documents. According to the Law on the Administration of Tax Collection, if a taxpayer fails to pay the tax within the prescribed time limit, or if the withholding agent fails to release the tax within the prescribed time limit, the tax authorities shall impose a late payment penalty of 5/10,000 of the overdue tax amount on a daily basis, in addition to ordering the taxpayer to pay within the prescribed time limit.
Late payment penalty refers to a kind of punitive payment levied on the payer beyond the prescribed payment period, generally a certain percentage of the payable amount is levied every day according to the number of days beyond the specified period. According to the theory of administrative law, late fees are a type of enforcement penalty in administrative enforcement. >>>More
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