Calculation of interest at 395 until 01.06. Interest calculator for using someone else's money

The Law on Amendments to Part One of the Civil Code of the Russian Federation introduced significant changes to Article 395 of the Civil Code of the Russian Federation, which changed the procedure for calculating interest for the use of other people's funds. Please note that the law amending Art. 395 of the Civil Code of the Russian Federation comes into force on June 1, 2015. Accordingly, Article 395 of the Civil Code of the Russian Federation applies to relations that arose after this date. For relations that arose earlier, the order that existed before the changes is applied. Since the purely technical procedure for calculating interest has become more complicated, the need has arisen to quickly and efficiently calculate interest for the use of other people's funds. To quickly calculate interest for using someone else's money, you can use the interest calculator under Art. 395 of the Civil Code of the Russian Federation, which will help you quickly and efficiently calculate interest under Art. 395 Civil Code of the Russian Federation . Calculator 395:

Under the old version of Article 395 of the Civil Code of the Russian Federation, it was much easier to calculate interest on the use of other people’s funds. With the new edition of the article, calculating interest without a special interest calculator will be difficult and time-consuming. These difficulties are due to the fact that interest on the use of funds (as liability for breach of obligation) will be determined by the average bank interest rates on deposits of individuals published by the Bank of Russia and existing in the relevant periods. These rules apply unless a different interest rate is established by law or agreement.

You can view the average bank interest rates on deposits of individuals using the Consultant system or on the website of the Central Bank of Russia. On the other hand, the law provides that the amount of interest for the use of other people's funds will be determined by agreement or law. If the contract defines an adequate interest condition comparable to the degree of violation of the obligation, then the interest conditions provided for in the contract will be applied accordingly. At the same time, when we talk about the conditions acceptable for the application of the interest rate provided for in the contract, what we actually mean are such contractual conditions under which there is no basis for applying clause 6 of Art. 395 of the Civil Code of the Russian Federation, which states that if the amount of interest payable is clearly disproportionate to the consequences of violation of the obligation, the court, at the request of the debtor, has the right to reduce the interest provided for in the contract, but not less than to the amount determined based on the rate specified in paragraph 1 of Art. 395 RF. Therefore, I recommend, to simplify life for myself and my creditors for legal claims, to set adequate interest rates for failure to fulfill monetary obligations, for example, within the refinancing rate. This will simplify the task of calculating interest in court.

If the amount of interest exceeds the bank rate (it is clearly disproportionate), then the court will have grounds to recalculate the interest in accordance with clause 1 of Art. 395 of the Civil Code of the Russian Federation (in other words, “use” the interest calculator for 395 given above). And if the agreement initially established an adequate amount of interest, then this could simplify and, perhaps, speed up the legal process a little. In any case, you will find the Art. interest calculator useful. 395 of the Civil Code of the Russian Federation. This interest calculator under art. 395 of the Civil Code of the Russian Federation is suitable for both a court of general jurisdiction and an arbitration court. For those who don’t know, the magistrate’s court is part of the system of courts of general jurisdiction.

In addition, Art. 317.1 of the Civil Code of the Russian Federation, which deals with interest

Let's see what the difference is between Art. 395 and 317.1 of the Civil Code of the Russian Federation? Article 317.1 of the Civil Code of the Russian Federation is placed in the section “Fulfillment of obligations”, and Art. 395 of the Civil Code of the Russian Federation is placed in the section “Responsibility for violation of obligations”. Therefore, interest under Art. 317.1 of the Civil Code of the Russian Federation are charged for the lawful use of funds between commercial organizations. The question arises as to how necessary Art. 317.1 and to what extent it will apply. I believe that the broad application of Art. 317.1 will not have, but interest for the use of other people's funds as liability for failure to fulfill obligations under Art. 395 of the Civil Code of the Russian Federation will be widely used. New legislation also includes the establishment of a procedure according to which interest for the use of other people's funds is charged on the day the amount of these funds is paid to the creditor (clause 3 of Article 395). Prohibition of accrual of interest if a penalty is provided (clause 4 of Article 395). Prohibition on calculating interest on interest (compound interest) (clause 5 of Article 395). These provisions apply unless otherwise provided by law or contract. In any case, using the Interest Calculator will simplify the calculation of interest under Art. 395 of the Civil Code of the Russian Federation.

Debt amount:		(kopecks are separated dot)
VAT (%):		(0 - if without VAT)
Percent (%):
		Until 06/01/2015: refinancing rate From 06/01/2015: average bank interest rate on deposits of individuals From 01.08.2016: key rate
Period:	With…	By…

Debt amount 0, including VAT 0%

Overdue period from 0 to 0: 0 (days)

Rate (%): 0%

Total interest for the period = 0 = 0

Interest under Article 395 of the Civil Code of the Russian Federation: calculation rules

The formula for calculating interest for the use of other people's funds used in this calculator takes into account the provisions of Article 395 of the Civil Code of the Russian Federation, as well as the explanations of the joint resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 13/14 dated October 8, 1998.

The calculator's calculations fully correspond to the calculations on the official website of the Supreme Arbitration Court of the Russian Federation.

What should you consider when collecting interest on the use of someone else's money?

When collecting interest under Article 395 of the Civil Code of the Russian Federation, it is necessary to take into account that:

interest for the use of other people's funds is not a type of penalty, however, the provisions of Article 333 of the Civil Code of the Russian Federation on reducing the penalty are applicable to them;
interest is accrued until the actual fulfillment of the obligation;
interest under Article 395 of the Civil Code of the Russian Federation is accrued not only within the framework of contractual obligations, but also within the framework of non-contractual obligations, if they are of a monetary nature;
interest for the use of other people's funds in relation to losses is of an offset nature: you can recover the difference between actual losses and interest under Article 395 of the Civil Code of the Russian Federation.

Article 395. Liability for failure to fulfill a monetary obligation

Previous edition:

1. For the use of someone else’s funds as a result of their unlawful retention, evasion of their return, other delay in their payment, or unjust receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment. The amount of interest is determined by the discount rate of bank interest at the place of residence of the creditor, and if the creditor is a legal entity, at its location 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 bank interest on the day the claim was filed or on the day the decision was made. These rules apply unless a different interest rate is established by law or agreement.

New edition (2015):

1. For the use of someone else’s funds as a result of their unlawful retention, evasion of their return, other delay in their payment, or unjust receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment. The amount of interest is determined by the average bank interest rates on deposits of individuals existing at the place of residence of the creditor or, if the creditor is a legal entity, at its location, published by the Bank of Russia and existing in the relevant periods. 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 has the right to demand compensation from the debtor for losses in the amount exceeding this amount.
3. Interest for the use of someone else's funds is 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 agreement.

Revision dated 07/03/2016:

1. In cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The amount of interest is determined by the key rate of the Bank of Russia in force during the relevant periods. These rules apply unless a different interest rate is established by law or agreement.
(Clause 1 as amended by Federal Law dated July 3, 2016 N 315-FZ)
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 has the right to demand compensation from the debtor for losses in the amount exceeding this amount.
3. Interest for the use of someone else's funds is 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 agreement.
4. In the event that the agreement of the parties provides for a penalty for non-fulfillment or improper fulfillment of a monetary obligation, the interest provided for in this article is not subject to collection, unless otherwise provided by law or agreement.
(Clause 4 introduced by Federal Law dated 03/08/2015 N 42-FZ)
5. Calculation of interest on interest (compound interest) is not allowed, unless otherwise provided by law. For obligations fulfilled when the parties carry out business activities, the use of compound interest is not allowed, unless otherwise provided by law or agreement.
(Clause 5 introduced by Federal Law dated 03/08/2015 N 42-FZ)
6. If the amount of interest to be paid is clearly disproportionate to the consequences of violation of the obligation, the court, at the request of the debtor, has the right to reduce the interest provided for in the contract, but not less than to the amount determined based on the rate specified in paragraph 1 of this article.

According to the Central Bank rate online with the latest changes 2019

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

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

For the amount of debt:

For foreign currency, the calculator independently determines the interest rate only from 06/01/2015. Please indicate which interest rate to apply for the period up to 06/01/2015:

Calculation of interest on a monetary obligation under Art. 317.1 Civil Code of the Russian Federation

For the amount of debt:

From to (days): р × × / =

Entered as the first day of delay. That is, the last day of the payment deadline falls on a weekend. But according to the rules of Art. 193 of the Civil Code of the Russian Federation, if the last day of the period falls on a non-working day, the end of the period is considered to be the next working day following it. The next working day is . And the first day of delay, accordingly, (Article 191 of the Civil Code of the Russian Federation).
Indicate as the first day of delay? Yes

The calculation result of this calculator is for reference only and does not constitute official information.

Liability for failure to fulfill a monetary obligation

1. In cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The amount of interest is determined by the key rate of the Bank of Russia in force during the relevant periods. These rules apply unless a different interest rate is established by law or agreement (as amended by Federal Law No. 315-FZ of July 3, 2016 - Collection of Legislation of the Russian Federation, 2016, No. 27, Art. 4248).

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 has the right to demand compensation from the debtor for losses in the amount exceeding this amount.

3. Interest for the use of someone else's funds is 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 agreement.

4. In the event that the agreement of the parties provides for a penalty for non-fulfillment or improper fulfillment of a monetary obligation, the interest provided for in this article is not subject to recovery, unless otherwise provided by law or contract (clause 4 introduced by Federal Law of March 8, 2015 N 42-FZ - Collection of Legislation of the Russian Federation, 2015, No. 10, Article 1412).

5. Calculation of interest on interest (compound interest) is not allowed, unless otherwise provided by law. For obligations fulfilled when the parties carry out business activities, the use of compound interest is not allowed, unless otherwise provided by law or agreement (clause 5 introduced by Federal Law of March 8, 2015 N 42-FZ - Collection of Legislation of the Russian Federation, 2015, N 10, Article 1412).

6. If the amount of interest to be paid is clearly disproportionate to the consequences of violation of the obligation, the court, at the request of the debtor, has the right to reduce the interest provided for in the agreement, but not less than to the amount determined based on the rate specified in paragraph 1 of this article (paragraph 6 was introduced by the Federal Law of March 8 2015 N 42-FZ - Collection of Legislation of the Russian Federation, 2015, N 10, Article 1412).

Interest on a monetary obligation

1. In cases where the law or agreement stipulates that interest is subject to accrual on the amount of a monetary obligation for the period of use of funds, the amount of interest is determined by the key rate of the Bank of Russia in effect during the relevant periods (legal interest), unless a different amount of interest is established by law or agreement .

2. The condition of the obligation providing for the accrual of interest on interest is void, with the exception of the terms of the obligations arising from bank deposit agreements or from agreements related to the implementation of business activities by the parties.

“You are a rather vulgar person,” Bender objected, “you love money more than necessary.”
- Don’t you like money? - Ippolit Matveevich howled in the voice of a flute.
- I do not like.
- Why do you need sixty thousand?
- Out of principle!
(from the film “12 Chairs”)

Not only are dozens of changes made to the Tax Code of the Russian Federation every year. The Civil Code also does not go unnoticed. We often pay attention to new developments in corporate legislation; today we will talk about more ordinary things - interest on late fulfillment of a monetary obligation. Article 395 of the Civil Code of the Russian Federation is known not only to lawyers, but also to entrepreneurs, because the rule about the need to pay penalties based on the refinancing rate has long been taken for granted. Changes to the procedure for calculating interest under Article 395 of the Civil Code of the Russian Federation were made twice, with a difference of less than a year.

In order to simplify your life and protect you from mistakes in such trifles that affect the building of relationships with counterparties when formulating the terms of contracts, we will clarify some points regarding the calculation of so-called “legal interest”.

Interest for failure to fulfill a monetary obligation Art. 395 of the Civil Code of the Russian Federation.

Starting from 06/01/2015 and, we risk limiting the period, to 03/24/2016. There was confusion in the application of this article, which was further aggravated by the appearance of Article 317.1 of the Civil Code of the Russian Federation. Federal Law of 03/08/2015 No. 42-FZ, a new procedure was introduced - interest under Art. 395 began to be calculated not on the basis of the refinancing rate, but in accordance with the “average rates” of bank interest on deposits of individuals at the location of the lender. Changes in the settlement procedure concerned legal relations that arose after June 1, 2015. The Bank of Russia monthly updated bank interest indicators for calculation under Art. 395 of the Civil Code of the Russian Federation, and for each period of delay, interest, if necessary, had to be calculated according to its indicator.

Obviously, this procedure was inconvenient, so already from 08/01/2016. interest under art. 395 of the Civil Code of the Russian Federation is prescribed to be calculated at the key rate of the Bank of Russia in force during the relevant periods. Let us explain that, in fact, the key rate replaced the refinancing rate, so we can safely say that there has been a return to the old procedure for calculating interest for the use of other people’s funds, which was in effect until June 1, 2015.

Let us designate the periods during which different rules for calculating interest for failure to fulfill a monetary obligation under Art. 395 Civil Code:

for the periods arising until 05/31/2015, - we calculate at the current refinancing rate;

from 06/01/2015 until 07/31/2016- at average bank interest rates for individuals, incl. and for failure to fulfill a monetary obligation arising on the basis of a contract concluded before 06/01/2015. agreement, in relation to periods of delay that occurred from 06/01/2015, and

from 01.08.2016. to the present - at the key rate of the Bank of Russia.

However, a different interest rate can be established in the contract itself, which we recommend doing to simplify your life in case you need to use Art. 395 Civil Code. When establishing a different rate in the contract, it is necessary to indicate that we are talking specifically about interest under Art. 395 of the Civil Code of the Russian Federation, otherwise we may be talking about a penalty, which excludes the application of Art. 395, unless otherwise stipulated by the parties in the agreement (clause 4 of article 395 of the Civil Code of the Russian Federation). Previously, there was no such indication in the Civil Code, which means that the calculation of interest for the use of other people's funds (Article 395 of the Civil Code of the Russian Federation) and penalties (Article 330 of the Civil Code of the Russian Federation) did not contradict each other.

Please keep in mind that in a lawsuit the amount of money recovered penalties and interest for failure to fulfill a monetary obligation may be reduced by the court if the collected penalty is disproportionate to the consequences of failure to fulfill the obligation in accordance with Art. 333 Civil Code of the Russian Federation. The limits for reducing the amount of interest charged for the use of other people's funds are established in clause 6 of Art. 395 of the Civil Code of the Russian Federation: the court cannot reduce interest under Art. 395 of the Civil Code of the Russian Federation, if the creditor applied their calculation established in the code itself (that is, based on the key rate). If the agreement provides for a different procedure for calculating interest, the court may reduce the amount of the amount collected at the request of the debtor, but the possibility of reduction is limited by the amount of interest that would be obtained if the calculation specified in paragraph 1 of Art. 395 of the Civil Code of the Russian Federation. A similar restriction in terms of reducing the amount of the penalty under Art. 333 of the Civil Code of the Russian Federation would provide even more guarantees of discipline in terms of fulfilling obligations and understanding whether it makes sense to collect penalties in court.

Now let's move on to Article 317.1 of the Civil Code of the Russian Federation

This article “debuted” as a new norm of the Civil Code of the Russian Federation from 06/01/2015 until 08/01/2016. was perceived as a “distorting mirror” of Article 395. From August 1, 2016, its new version is in effect:

In cases where the law or agreement stipulates that interest is subject to accrual on the amount of a monetary obligation for the period of use of funds, the amount of interest is determined by the key rate of the Bank of Russia in effect during the relevant periods (legal interest), unless a different amount of interest is established by law or agreement.

clause 1 art. 317.1 of the Civil Code of the Russian Federation

Interest under art. 317.1 of the Civil Code of the Russian Federation applies to relations in which the participants are both commercial organizations, individual entrepreneurs, and individuals (from 01.08.2016) and are accrued only on monetary obligations in the following order:

from 06/01/2015 to 07/31/2016- “automatically”, except for cases where non-application is provided for by law or agreement, regardless of the parties’ violation of their obligations under the agreement at the refinancing rate,

from 01.08.2016 only if this is provided by law or agreement, at the key rate.

Monetary obligations arise primarily from buyers (customers). The seller (performer) may also be required to pay this interest, but only if an obligation arises to return the previously received advance. The very fact of receiving an advance will not be the basis for the emergence of a monetary obligation and Art. 317.1 does not need to be applied (Letter of the Ministry of Finance of the Russian Federation dated December 9, 2015 N 03-03-РЗ/67486). In the same letter dated December 9, 2015. The Ministry of Finance, among other things, explained that interest accrued under Art. 317.1 automatically or by agreement of the parties are subject to accounting by the taxpayer as part of non-operating income (expenses) when determining the tax base for corporate income tax.

After the appearance of this norm, the law enforcer for some reason began to consider the right to charge interest under Art. 317.1 of the Civil Code of the Russian Federation has been an obligation and for a long time indicated to business entities that the application of this norm is mandatory and it is possible to refuse “automatically” accrued interest only by forgiving the debt, and the moment the accrual of interest begins under Art. 317.1 must be determined by the moment of completion of the provision of services/performance of work. The presence of deferment conditions is by no means an obstacle to the accrual of interest. Everyone understood that this position was devoid of common sense, but they could not always prove the opposite.

From 01.08.2016 The parties decide independently whether to apply Art. 317.1 of the Civil Code of the Russian Federation to their relations or not, and do not frantically exclude its effect in contracts. And interest is calculated, if applicable, from the moment when the buyer (customer) had a monetary obligation to pay for the goods (work, service), but he did not pay (there was a delay).

One unpleasant note: according to the text of the law amending the wording of Art. 317.1, does not contain rules on the validity of the article in time, which means in the period from 06/01/2015. until 07/31/2016 interest will be accrued “automatically” according to the wording of the norm in force during the specified period. So, if all the contracts were redone, then it’s not in vain. Let’s say more - it’s better to play it safe and “neutralize” this article for the period from 06/01/2015. until 07/31/2016 in contracts in which this was not done, use clause 2 of Art. 425 of the Civil Code of the Russian Federation and extend the abolition/limitation of the effect of Article 317.1 to monetary obligations that arose (and were fulfilled) in the past.

There is still a risk that, without paying attention to Art. 317.1 of the Civil Code of the Russian Federation when executing an agreement concluded during the period from 06/01/2015. until July 31, 2016, one day a bona fide buyer (customer) may discover a requirement to pay interest on a monetary obligation. For example: when paying for goods (works, services) with a deferred payment from the amount of 10 million, the buyer (customer) must pay 2,260 rubles per day. And for this, apparently, there is no need to violate payment deadlines!

Also, one of the parties to the agreement may face additional income tax charges due to the “mandatory” accrual of legal interest. Of course, the amounts are small and will not be a reason for an audit, but during an audit that has already begun, this will result in an unpleasant addition to the requirements of the tax authority.

The main purpose of the norm of Art. 317.1 of the Civil Code of the Russian Federation is the establishment of a fee for the use of funds, and this is its fundamental difference from Art. 395 of the Civil Code of the Russian Federation. In the Civil Code of the Russian Federation, these articles were always located in different chapters: Art. 317.1 in the chapter “Fulfillment of obligations”, and Art. 395 in the chapter “Liability for violation of obligations” of the Civil Code of the Russian Federation.

The Plenum of the Supreme Court, by its Resolution No. 7 of March 24, 2016. finally put an end to all disputes regarding the legal nature of Articles 395 and 317.1 of the Civil Code of the Russian Federation, indicating in paragraph 53 that, in contrast to the interest provided for in paragraph 1 of Article 395 of the Civil Code of the Russian Federation, the interest established by Article 317.1 of the Civil Code of the Russian Federation, are not a measure of responsibility, but represent a fee for the use of funds and accrual of interest from the beginning of the delay under Art. 395 of the Civil Code of the Russian Federation does not affect the calculation of interest under Article 317.1 of the Civil Code of the Russian Federation.

Having provided in the agreement for interest under both Article 317.1 and Article 395 of the Civil Code of the Russian Federation, calculated at the key rate (currently 10%), you will be “crediting” your unscrupulous counterparty under the agreement at a minimum rate of 20% per annum. And if we also provide in the contract for the simultaneous existence of a penalty under Art. 394 and interest under Art. 395 of the Civil Code, then it is unlikely that your counterparty will risk delaying the fulfillment of its obligations under the contract. Considering the possibility of reducing the penalty in court (Article 333 of the Civil Code) and recalculation at the key interest rate under Article 395 of the Civil Code, Art. 317.1 of the Civil Code can act as a kind of guarantee that you will receive such payment for the use of funds that will correspond to the conditions of the credit product market. Moreover, when determining the priority of repayment of claims under a monetary obligation, the amount of interest under 317.1 will be collected before the amount of the principal debt.

For effective use of Art. 317.1 include in the contract a clause, for example, with the following content:

Interest provided for in Article 317.1. Civil Code of the Russian Federation, are accrued on monetary obligations not fulfilled within the period established by the contract. Interest is accrued from the beginning of the delay in fulfilling the monetary obligation until the moment of its actual fulfillment. Accrual of interest from the beginning of the delay under Art. 395 of the Civil Code of the Russian Federation and (or) penalties do not affect the calculation of interest under Article 317.1 of the Civil Code of the Russian Federation

Greater detail and detail regarding the application and calculation of interest under Art. 317.1 of the Civil Code, as well as the opportunity to prescribe in the contract your own rules for the application and amount of civil liability measures, force you to study the terms of contracts in more detail and carefully, impose more independence on the parties in terms of discussing the terms of cooperation, allow you to foresee your own option and carefully consider all possible consequences.

Formula for calculating interest under Article 395. Civil Code of the Russian Federation for the use of other people's funds. The requirement for the payment of interest cannot replace the requirement for the collection of income derived from property unjustly acquired in kind (clause 6 of the Review of the practice of resolving disputes related to the application of rules on unjust enrichment, given in the Appendix to the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2000 No. 49).

The amount of interest is determined by the discount rate of bank interest at the place of residence of the creditor, and if the creditor is a legal entity, at its location 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 bank interest on the day the claim was filed or on the day the decision was made.

The formula for calculating interest for the use of other people's funds follows from the provisions of Article 395 of the Civil Code of the Russian Federation

Article 395. Liability for failure to fulfill a monetary obligation
(as amended by Federal Law No. 42-FZ dated 03/08/2015, came into force on 06/01/2015)
1. For the use of someone else’s funds as a result of their unlawful retention, evasion of their return, other delay in their payment, or unjust receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment. The amount of interest is determined by the average bank interest rates on deposits of individuals existing at the place of residence of the creditor or, if the creditor is a legal entity, at its location, published by the Bank of Russia and existing in the relevant periods. These rules apply unless a different interest rate is established by law or agreement.
(Clause 1 as amended by Federal Law dated 03/08/2015 N 42-FZ)

4. In the event that the agreement of the parties provides for a penalty for non-fulfillment or improper fulfillment of a monetary obligation, the interest provided for in this article is not subject to collection, unless otherwise provided by law or agreement.
(Clause 4 introduced by Federal Law dated 03/08/2015 N 42-FZ)

5. Calculation of interest on interest (compound interest) is not allowed, unless otherwise provided by law. For obligations fulfilled when the parties carry out business activities, the use of compound interest is not allowed, unless otherwise provided by law or agreement.
(Clause 5 introduced by Federal Law dated 03/08/2015 N 42-FZ)

6. If the amount of interest to be paid is clearly disproportionate to the consequences of violation of the obligation, the court, at the request of the debtor, has the right to reduce the interest provided for in the contract, but not less than to the amount determined based on the rate specified in paragraph 1 of this article.
(Clause 6 introduced by Federal Law dated 03/08/2015 N 42-FZ)

Interest calculation formula

Interest calculation example:

Calculation of interest for the use of other people's funds under Art. 395 of the Civil Code of the Russian Federation in calendar days

Calculation of interest for the use of other people's funds under Art. 395 of the Civil Code of the Russian Federation based on 30 days per month (360 days per year)

With a debt amount of 1,000 rubles. (Central Federal District)
Interest for the use of other people's funds is:
— from 10/21/2015 to 10/31/2015 (11 days):

1,000 × 11 × 9.49% / 360 = 2.90 rub.

Calculation of interest on a monetary obligation under Art. 317.1 Civil Code of the Russian Federation

With a debt amount of 1,000 rubles. interest under art. 317.1 of the Civil Code of the Russian Federation are:
— from 10/21/2015 to 10/31/2015 (11 days):

1,000 × 11 × 8.25% / 360 = 2.52 rubles.

TOTAL: 2.90 + 2.52 = 5.42 rub.

When collecting interest under Article 395 of the Civil Code of the Russian Federation, it is necessary to take into account that:
interest for the use of other people's funds is not a type of penalty, but the provisions of Article 333 of the Civil Code of the Russian Federation on reducing the penalty are applicable to them;
interest is accrued until the actual fulfillment of the obligation;
interest under Article 395 of the Civil Code of the Russian Federation is accrued not only within the framework of contractual obligations, but also within the framework of non-contractual obligations, if they are of a monetary nature;
Interest for the use of other people's funds in relation to losses is of an offset nature: you can recover the difference between the actual losses incurred and interest under Article 395 of the Civil Code of the Russian Federation.

How to correctly calculate interest under Art. 395 Civil Code of the Russian Federation

Question No. 1: For the purposes of calculating interest under Art. 395 of the Civil Code of the Russian Federation indicates the amount of debt with or without VAT? Answer: The amount of debt must be indicated with VAT. This legal position was formed in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 22, 2009 No. 5451/09 in case No. A50-6981/2008-G-10.

Question No. 2: Does the period of delay include the day of payment of funds?

Answer: The day of payment of funds is included in the period of delay in fulfilling the monetary obligation. This legal position was formed in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 28, 2014 N 13222/13 in case N A40-107594/12-47-1003.

Question No. 3: Should the period of delay be determined on the basis of 30 days per month and 360 days per year or in calendar days?

Answer: Both of these approaches are found in judicial practice.

Legal basis for determining the period of delay based on 30 days per month and 360 days per year:
In paragraph 2 of the joint resolution of the Plenum of the Supreme Court of the Russian Federation No. 13, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of October 8, 1998 (hereinafter referred to as Resolution No. 13/14) it is stated:
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 360 and 30 days, respectively, unless otherwise established by agreement of the parties, rules binding on the parties, as well as business customs.
In this regard, the period of delay should be determined on the basis of 30 days per month and 360 days per year (the so-called “effective days”).
Examples of judicial practice with this approach: Resolution 7AAS dated July 30, 2012 in case No. A45-5943/2012.

Legal basis for determining the period of delay in calendar days:
According to paragraph 3 of Article 395 of the Civil Code of the Russian Federation, interest for the use of other people's funds is charged on the day the amount of these funds is paid to the creditor, unless a shorter period is established for calculating interest by law, other legal acts or agreement.
Within the meaning of this norm, interest is accrued for each day of delay; the calculation takes into account the actual calendar days of the debtor’s use of the creditor’s funds.
In accordance with paragraph 2 of Resolution No. 13/14, when calculating 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 360 and 30 days, respectively, unless otherwise established by agreement of the parties, rules binding on the parties, as well as business customs.
This paragraph of the resolution determines how annual interest for the use of other people's funds should be calculated, and does not establish the procedure for calculating the period of late payment.
Interest on late payments is calculated using the following formula:
the amount of debt is divided by the average value for indicating the days of the year (360), multiplied by the number of days overdue and multiplied by the corresponding interest rate published by the Bank of Russia.
Examples of judicial practice with this approach: Rulings of the Supreme Arbitration Court of the Russian Federation dated May 24, 2013 No. VAS-5844/13 in case No. A68-4927/2012, dated May 28, 2010 No. VAS-6181/10 in case No. A26-6947/2009, p. 9 Recommendations of the Scientific Advisory Council at the Arbitration Court of the North-Western District following the meeting on December 12, 2014 (http://fasszo.arbitr.ru/welcome/show/633200024/374), Resolution of the Federal Antimonopoly Service of the Volga District dated June 20, 2014 on the case N A55-8972/2013, dated 07/30/2013 in case N A55-27471/2012, Resolution of the Federal Antimonopoly Service of the Central District dated 05/29/12 in case No. A23-1169/2011, Resolution of the FAS Moscow District dated 06/01/11 in case No. A40- 96152/10-13-472, dated 07/19/10 in case No. A40-114858/09-20-953.

Question No. 4: If the statute of limitations on the principal debt has expired, does the statute of limitations on the collection of interest accrued according to the rules of Art. 395 of the Civil Code of the Russian Federation for the amount of the principal debt?

Answer: no, it does not expire. The limitation period for a claim for the collection of interest under Art. 395 of the Civil Code of the Russian Federation is calculated separately for each overdue payment, determined in relation to each day of delay. This legal position is formed in paragraph 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 N 43, Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 5, 2013 N 13374/12 in case No. A55-19316/2011, dated June 1, 2010 N 1861/10 in the case N A31-238/2009.
Example:
— 07/01/2011 — the beginning of the period of delay in payment of the principal debt.
— 09.30.2015 — date of filing a claim for the recovery of interest under Art. 395 of the Civil Code of the Russian Federation for the amount of the principal debt.
— Limitation period (as a general rule): 3 years (Article 196 of the Civil Code of the Russian Federation)
— Thus, the statute of limitations has not expired in relation to interest accrued on the amount of the principal debt for the period of delay from 10/01/2012 (defined as the date of filing the claim minus the statute of limitations).