the effects of the new interest rate on installments and civil penalties

From tomorrow, September 20ththe new one will be in force increase of the interest rates for payment in installments of INPS contributions and press e INAIL accessoriesand the rate used to determine the relative civil penaltieswhich reaches double figures for the first time.

As a consequence of the new decision of European Central Bankthe rates move respectively to 10.50 percent et al 10 percent.

There ECBin fact, has foreseen a new increase of 25 basis points of the interest rate on the Eurosystem’s main refinancing operations to counteract the effects of inflation.

INPS contributions and INAIL premiums: the effects of the new interest rate on installments and civil penalties

With the aim of combating inflation, the European Central Bank through the latest monetary policy decision it opted for a new increase of 25 basis points of the interest rate on refinancing operations main entities of the Eurosystem, which, as announced in Press release of September 14th, therefore rises to 4.50 percent.

This increase also affects the value of the interest rate for the payment in installments of the INPS contributions and gods INAIL awards and accessories. The interest rate used to determine the size of the relative interest rate also increased civil penalties which apply for non-payment or late payment.

There INPS circular n. 81 and the INAIL circular n. 42 of September 18th communicate the change and the new ones rate valueswhich stand respectively at 10.50 percent et al 10 percent.

The increase decided by the ECB has an effect on the rates in question, as for the installment of the INPS contributions and gods press INAIL, governed by art. 3, paragraph 4 of law decree n. 318/1996an interest rate equal to the minimum participation rate for the Eurosystem’s main refinancing operations in force at the time of the application is applied to which a increase of 6 points.

This, therefore, is the calculation to obtain the new value of the rate, 10.50 percent.

As also happened with the other increases in recent months, INPS and INAIL have reiterated that for the repayment plans that have already been issued and notified, the law continues to apply interest rate in force at moment of the question.

In case of deferral of INPS contributionsFurthermore, the Institute informs that the updated interest rate will be applied starting from contribution relative to September 2023.

INPS – Circular no. 81 of 18 September 2023
Change in the amount of deferral and deferral interest and additional sums for omitted or delayed payment of social security and welfare contributions

INPS contributions and INAIL premiums: the consequences of the increase on the determination of civil penalties

As mentioned, the ECB’s monetary policy decision also has an effect on the determination of measure of civil penalties which apply in case of missed or delayed payment Of prizes or contributions, according to the provisions of the art. 116, paragraphs 8 and 10 of law no. 388/2000.

The new interest ratestill in force since September 20th, reaches double figures for the first time, reaching the 10 percent. A value that is calculated starting from the interest rate on the Eurosystem’s main refinancing operations, to which is added a increase of 5.5 points percentages.

INPS underlines how for sanctions relating to social security contributions the measure of 30 percent remains unchanged limit of 60 percent of the sum not paid by the due date.

In the case of sanctions relating to press INAILhowever, the Institute highlights how these cannot exceed 40 percent of the amount of premiums not paid within the legal deadline.

The sanctionsFurthermore, in the cases of insolvency proceedingsthey can be reduced and calculated at the rate of interest on the Eurosystem’s main refinancing operations provided that all expenses are paid (article 116, paragraph 8, letter a), of law no. 388/2000).

In the cases of evasionthen, the measure of the sanction is equal to the interest rate on the main refinancing operations increased by 2 points. In this case, if the rate on main refinancing operations falls below legal interest ratethe maximum reduction will be equal to the legal rate, while the minimum will be equal to the legal interest increased by two points.

Consequently, considering that the interest rate on refinancing operations (4.5 percent) remains inferior tolegal interest in force from 1 January 2023 (5 percent), the maximum reduction equal to legal ratewhile the reduction minimal will be equal to 7 percenti.e. the legal interest increased by two points.

INAIL – Circular no. 42 of 18 September 2023
Payment of premiums and accessories. Modification of the installment interest rate and the extent of civil penalties.

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