New increase coming for the payment from the rate of the INPS contributions 2023 and related civil penalties.
As communicated byINPS through the circular no. 44 of 8 May 2023, the new one decision of monetary policy by the European Central Bank expects an increase in interest rate on the main refinancing operations of the Eurosystem.
Therefore, from 10 maggio 2023the new interest rate Of delay e you postponement for the payment of social security and welfare contributions sale al 9.75 percent and that for the determination of the measure of civil penalties arrives at 9.25 percent.
INPS contributions: the effects of the new increase in the interest rate on installments and penalties
The European Central Bank increased by 25 basis points the interest rate on main refinancing operations of the Eurosystem.
Starting tomorrow, May 10, 2023, the new value of the rate will be equal to 3.75 percentas announced in Press release of May 4th.
L’objective of the increase is to place a brake on inflationwhich still remains at too high levels.
Against this decision, the INPS, through the circular no. 44 published on the institutional website, communicates the new update of the interests per payment a rate e delay of the INPS contributions and for the measurement of the relative civil penalties.
From 10 May, therefore, the interest rate per extension or postponement and the one used to define le civil penalties are restated in measure following:
- 9.75 per cent for payment in installments or deferred of INPS contributions;
- to 9.25 percent to determine the extent of civil penalties.
The new value of interest rate for payment in installments or deferred of INPS contributions, as established law decree n. 318/1996 (art. 3, paragraph 4), is determined on the basis of an interest rate equal to the minimum participation rate for the main refinancing operations of the Eurosystem to which one must be added increase of 6 points.
As reiterated by the INPS, for the installment payment of contributionsi amortization plans already issued and notified on the basis of previous rates will not suffer variations.
Also, in the case of postponementil updated interest rate will be applied starting from the contribution relating to ad April 2023.
INPS contributions: the effects of the new increase on the determination of civil penalties
The monetary policy decision of the BCE it also has consequences for the definition from the measure from the civil penaltieswhich are applied in case of non-payment or late payment of contributions or prizes, as provided for by art. 116, paragraphs 8 and 10 of the add n. 388/2000.
To determine the extent of such sanctionsyou have to take as a reference the interest rate on refinancing operations principal of the Eurosystem to which one is added increase of 5.5 percentage points.
Therefore, following the reassessment, the civil fine will be equal to 9.25 percent on an annual basis.
In case of evasion one is applied civil fine pari al 30 percent within the limit of 60 percent of the total of the contributions not paid by expiration of law.
Finally, i increase rates even in the cases of insolvency proceedings.
In this hypothesis, underlines the INPS, if they come paid in full all the contributions and expenses (art. 1, comma 220 of the law n. 662/1996), the civil penalties they can be reduced at an annual rate not lower than the statutory interest rate. There minimum fineon the other hand, will be equal to the legal interest increased by two points.
As a result of the decision of the BCEthe interest rate on the main refinancing operations (3.75 per cent) is lower than thelegal interest in force from 1 January 2023, i.e. 5 per cent per annum.
Therefore the application of the remains unchanged maximum reduction pari al legal rate (5 percent), while the minimal reduction will be equal tolegal interest plus two points (7 percent).