A simple formula for calculating statutory interest and obtaining the amount to be paid or received on a debt is as follows: This interest represents an amount to be paid by analogy to compensation for damage caused to the creditor when you have an outstanding debt. If a person does not fulfill his obligations to the Ministry of Finance, that is, does not pay his debts, he will be punished by the tax administration. The statutory interest serves as the basis for the calculation of the penalty and the subsequent calculation of the penalty that may be applicable to the taxpayer. Legal interests have characteristics that distinguish them from other types of interests. The most important are: The economic situation is one of the most decisive variables in determining the legal interest. Each year, the new value of the money, which will serve as the basis for calculating the debt, is examined and determined. We have all heard about regular interest rates and moratoriums, especially when buying a loan or loan; However, not everyone knows what the difference between one and the other is. Therefore, the characteristics of each interest rate are explained below. In 2022, the maximum legal interest rate is 8%. This rate applies to commercial late payments, i.e.
those that occur between companies. Legal interests are determined by the General Law on State Budgets. These are those applied by the judge in a judgment for violation of the responsibility of a monetary debt. The determination of legal interest is carried out annually and falls within the competence of the State, in accordance with the General Law on the State Budget. This implies that it is directly related to the economic situation that the country is going through at the moment. The maximum rates of this interest vary for general, tax and commercial debt. The latter are the ones with the most interest, founded in 2022 with a maximum of 8%. Conversely, the tax administration must also be accountable to its taxpayers if it is in debt. In this case, the calculation is also carried out taking into account the statutory interest.
Legal interest rates are statutory interest rates that are not agreed between the creditor and the debtor. One of the conditions for the use of legal interest is that it is applied in cases where no interest has been established for non-compliance or illegal collection. The main assumptions for the application of statutory interest are as follows: In practice, the fixed legal interest rate can be very large when calculating high amounts of penalties, compensation, etc. Ordinary interest is the amount that the debtor must pay to the creditor as compensation for obtaining the borrowed money. It is set at a fixed interest rate regulated by law and runs for the duration of the loan or credit. Although there is a relationship between the two types of interests, there is one essential difference. Legal interest is that which applies to late payments between individuals, in particular with companies, with the tax administration, with the public administration in general or vice versa. The first condition is that no default interest already agreed between the parties is due. WORK PROCEDURE PAYMENT OF BENEFITS VARIOUS EFFECTS OF AMPARO ENFORCEMENT 1) LEAVE THE ARBITRAL AWARD INTRANSIGENT.
2) ISSUE A NEW ONE REAFFIRMING THE ACQUITTAL OF THE DEFENDANT, OF EACH OF THE BENEFITS CLAIMED BY THE PLAINTIFF EMPLOYEE, AND THE ACQUITTAL OF THE VARIOUS DEFENDANTS OF THE PAYMENT OF THE TERM SAVINGS BANK, SAVINGS BANK, PREMIUM In accordance with articles 2393 to 2397 of the Federal Civil Code, it is permissible to fix reciprocal interest and may consist of money or sex. This interest can be of two types: DEFAULT INTEREST. THERE IS NO LEGAL IMPEDIMENT TO THE ORDER TO PAY IF THEY ARE SUED AT THE LEGAL RATE, ALTHOUGH A HIGHER PERCENTAGE HAS BEEN AGREED IN THE TITLE OF THE LOAN. USURY. ITS PROHIBITION APPLIES TO BOTH ORDINARY INTEREST AND AGREED MORATORIUMS ON A PROMISSORY NOTE. Article 362 of the Commercial Code states that if no interest rate is set for commercial loans, it is 6% per year. On the other hand, default interest is the amount borne by the debtor in the event of non-payment or late payment of the loan, which must be understood as a penalty for non-compliance with its obligation. Where the parties set the interest rate, it may not be disproportionate so as to give reason to believe that the financial difficulties, inexperience or ignorance of the debtor have been abused, otherwise this will constitute usury. CONTRACTUAL DEFAULT INTEREST.
FOR THE ORIGIN OF YOUR CLAIM, IT IS SUFFICIENT TO ATTACH TO THE CLAIM THE BASIC PROMISSORY NOTE OF THE DIRECT EXCHANGE ACTION, WHICH CONTAINS IT.