What Is a Late Fee?

Overdue payment refers to the method by which the administrative organ imposes new monetary payment obligations on counterparties who do not fulfill their monetary payment obligations within the time limit. The purpose is to prompt them to fulfill their obligations as soon as possible, which is a specific form of execution penalty in administrative enforcement.

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Overdue payment refers to the method by which the administrative organ imposes new monetary payment obligations on counterparties who do not fulfill their monetary payment obligations within the time limit. The purpose is to prompt them to fulfill their obligations as soon as possible, which is an administrative enforcement

E.g:

(1) The taxpayer Xiao Liu's tax payable in January was 10,000 yuan, which should be paid on February 15th, but Xiao Liu forgot to pay it after receiving the notice of the taxation on the 16th, then Xiao Liu paid 10,000 At the same time as the tax payment, there is also a one-day late payment fee, that is: 10,000 yuan * 1 * 0.05% = 5.0 yuan, and a late fee of at least 5 yuan.

(2) On March 25, 2013, Xiaoma s bank credit card should pay 40,000 yuan last month, but Xiaoma only paid back 30,000 yuan at that time. After receiving the salary on the 28th of the month, the remaining 10,000 yuan can be returned. It is necessary to pay 10,000 yuan for a three-day late payment fee. Assuming that the late payment rate is 0.01% / day, the late payment fee that should be paid when returning the remaining money is: 10000 * 3 * 0.01% = 3 (yuan).

It is legal, mandatory and punitive.

The so-called legality means that the late payment fee is an amount explicitly stipulated by national laws and regulations, and no individual or other group has the right to establish it privately;

Mandatory means that the collection of late fees is guaranteed by the national coercive force;

Punitive means that late payment is a punitive measure for payment over a prescribed period. According to the above characteristics of late payment fees, late payment fees can only occur when the two parties have unequal legal status and the state exercises public power, such as "

In some public utility fields, "late payment fees" often occur. For example, as stipulated in the "Shenyang City Gas Management Regulations", "Gas users refuse to pay or delay payment of gas fees without a valid reason. An overdue fee of 1% of the gas fee payable will be charged for more than one day. "It is generally believed that the service contract of the utility, including the gas supply contract, is a contract signed between equal subjects, and is subject to civil law adjustment. "

In 2014, late fees were calculated as 0.05% of the minimum outstanding amount, with a minimum of 5 yuan or 1 dollar.

The calculation formula is: late payment fee = (minimum repayment amount-repayment amount due on repayment date due) × 0.05%

Such as

Overdue payment refers to the incidental levy of a certain percentage of deferred tax on a daily basis from the date of deferred tax based on the fact that the taxpayer has not paid the tax within the prescribed period. The legal nature of late fees is not consistent across countries, and includes the following:

1. Damages said. It should be said that

Late payment case 1

The electricity bill of a resident of a community who paid 20 yuan late for three days was charged a late fee of 30 yuan.

The newspaper Weifang, December 24, yesterday, when An Fengjie from Yangchun Community in Zhucheng City paid the electricity bill to the community property company for 3 days late, the electricity fee of 20.4 yuan was charged a late fee of 30 yuan.

According to An Fengjie, there are more than 200 residents in 6 buildings in Yangchun District where he lives. He said that this district received electricity bills on the 18th and 19th, and received them every two months. After this date, they started to collect late fees. Because he has a house elsewhere, he rarely returns to live. A few days ago he was busy doing business again, so he missed the time to pay the bill, and he was cut off when he got home. On December 23, he went to the property company to pay utility bills. The actual electricity consumption was 30 degrees in the past two months, plus a loss of 7 degrees. The 37-degree electricity paid a total of 20.4 yuan, but he was charged an additional 30 yuan Late fees. After paying the electricity bill and late payment fee, the electricity at home came.

The reporter saw An Fengjie's receipt clearly stated that a late fee of 30 yuan was incurred, and the billing date was December 20. An Fengjie also took out a late payment receipt of his October 2005, and the amount shown above was also 30 yuan.

An Fengjie said that there are still a few households in this community who have been charged high overdue fees. He once asked the electric power department that overdue payment of electricity charges is usually made by the power department through a power outage or an additional 1 late fee. According to this standard, the late fee of 20.4 yuan is very small.

Later, the reporter came to the property office. A middle-aged woman said that there were always a few unpaid electricity bills each time. Therefore, the company asked an electrician to give electricity to the residents who did not pay the bills in time. In order to restore power, this is a company requirement. Another woman introduced that because the households did not pay their fees in a timely manner and they could not hand it over to the power department on time, a late fee was formed. The 30 yuan late fee was collected in accordance with relevant regulations. However, they did not show the basis for collecting late fees on the spot. They said that they did not know why the late payment receipt was issued on December 20th, saying that the leaders could not answer when they left home. The reporter asked them to contact their leaders, and they all kept silent.

Late payment case 2

Miss Li of Tianjin issued a Youth Campus Card under a real name in 2004. In the second half of 2005 (the exact time is unknown), she was inexplicably deducted more than 200 yuan at one time, resulting in downtime due to arrears. Ms. Li immediately consulted 1860, and the customer service said Ms. Li opened an Internet service package. "I did not activate this service package. My mobile phone is a black-and-white screen, and Internet access is meaningless to me." Despite Miss Li's repeated explanations, Tianjin Mobile recognized her for opening the service package.

After negotiating with the customer service, Ms. Li decided not to use the card. At the time, Tianjin Mobile did not remind her of the need to go through the cancellation procedure. In this way, she discarded the original card and replaced it with a new one. What she never expected was that she received a call from Tianjin Mobile five years later, saying that her previous mobile phone number owed more than 200 yuan in principal, and a late fee of more than 900 yuan was generated, allowing her to go to the business hall to pay. If she does not pay, her name will be blacklisted, which will affect her personal credit limit and affect mortgages and other aspects.

Regarding Tianjin Mobile s approach, Miss Li said it s difficult to understand: Why was I notified to pay such a high late fee after 5 years? Why did nt the 1860 customer service give me any tips? And I was the victim who was inexplicably deducted. Why should I bear these responsibilities? "

After receiving the complaint, 315 Consumer Electronics Complaint Network transferred her situation to Tianjin Mobile, but has not received any response from the other party.

On July 6, when 315 Consumer Electronics Complaint Network returned to visit Miss Li, she learned that Tianjin Mobile had contacted her and promised to give a certain concessionTianjin Mobile would bear 70% of the cost, and the rest would be borne by Miss Li.

Regarding Tianjin Mobile's handling plan, Ms. Li still felt unreasonable-"Although the cost was reduced by 70%, I still felt quite wrong. I joked with the mobile customer service at that time, why not wait 80 years later Tell me that I owe money, wasn't late payment more then? "

It is understood that this type of "hidden charging" problem exists in major telecommunications operators. Some telecommunications operators have only adopted the method of downtime and late fees after consumers owed fees, and did not notify consumers to make up for them in a timely manner. Arrears. And some telecommunications operators do not even terminate the service in a timely manner, causing consumers to incur additional costs.

Consumers' malicious arrears are of course wrong, but for some unsuspecting users, why ca nt telecommunications operators notify customers in time when they are no longer in use after downtime, they have to wait until three or five years later to generate a large amount of late fees before notifying them Master, is it possible for operators to wait to collect high late fees?

One and a half years of late fees may not be too much. If it is ten or eight years, or even longer, then, will users not face huge late fees?

The blacklist is related to personal credit, especially related to mortgage loans, etc. 315 Consumer Electronics Complaints Network also recommends that the majority of telecommunications operators do not only want to blacklist users who are owed in order to force users to pay, or in advance It is good to inform the users, otherwise, the users of such money will definitely be upset, and the operators may also make people feel "incorrect, unspeakable." Of course, it is also recommended that when users use related products, they must check whether they are in arrears before they stop using them, so as not to fall into the "trap" of late fees.