Late payment interest at ZUS - be sure to pay on time!

The employer is obliged to pay ZUS contributions for himself and for the employed employees. Importantly, it has to do it within a certain time limit. If he is late, he will have to face certain consequences. Among other things, in addition to late contributions, he will have to add and pay late payment interest. Find out how to avoid late payments and how to calculate any interest.

Deadlines for payment of social security contributions

The deadline for the payment of contributions and the transfer of the settlement declaration to the Social Insurance Institution is specified in Art. 47 of the Act on the Social Insurance System. According to these regulations, ZUS contributions are paid on three basic dates:

• by the 5th day of the following month - in the case of budgetary units and establishments and ancillary enterprises,

• by the 10th day of the following month - in relation to natural persons who pay the premium only for themselves,

• by the 15th day of the following month - the obligation applies to other taxpayers.

If the due date falls on a holiday, i.e. a holiday or weekend, then the contribution should be paid no later than on the first working day following the holiday.

Important! The payment date is the same as the date of sending the settlement declaration. ZUS must receive a document confirming the calculation of contributions.

Failure to pay the ZUS contribution on time - late payment interest

Failure to pay the ZUS contribution on time will result in arrears in payments. ZUS charges default interest for each delay, which the taxpayer is obliged to pay. In order to calculate the amount of interest, you can use ready-made online calculators.

Important! If the late payment interest does not exceed PLN 6.60, it will be automatically canceled and the payer will only have to pay the overdue premium.

Start a free 30-day trial period with no strings attached! Late payment interest should be paid together with any outstanding contributions for a given period. Payment of the premiums themselves in the first place, and only later the payment of interest is incorrect. Interest is due each time ZUS contributions are paid late. The exception is the situation when the calculated amount of interest is lower than PLN 6.60 (statutory amount) from the arrears in respect of contributions for a given month.

From February 1, 2014, as a rule, the entrepreneur does not have to pay tax arrears if their amount does not exceed PLN 8.70. However, in the case of ZUS contributions, the minimum amount of interest is still PLN 6.60.

The problem arises from the existence of two equivalent laws. The first one, the Tax Ordinance, provides that the taxpayer does not pay interest on tax arrears if the amount does not exceed three times the value of a registered letter item (PLN 2.90). Hence the amount of PLN 8.70. At the same time, the Act on the Social Insurance System states that the provisions on social insurance contributions apply when calculating late payment interest. Pursuant to the provisions of the Act, no interest is charged on these arrears if they do not exceed PLN 6.60.

It is worth knowing that the Social Insurance Institution has the right to impose an additional fee on the taxpayer in the amount of 100% of unpaid contributions. In addition, long-term non-payment of contributions may end up in court proceedings. In the event of delays, the fine can be as high as 5,000. zloty.

What is the risk of an entrepreneur who does not pay ZUS contributions on time?

Default interest and fines are not the only consequences that may befall a late entrepreneur. What else should he prepare for?

Failure to pay the ZUS contribution on time may result in the cessation of voluntary sickness insurance.

Important! Voluntary sickness insurance ends on the first day of the month for which the sickness insurance contribution has not been paid.

If the interest was lower than PLN 6.60, paying them will automatically unlock the insurance. If the amount due was higher, the entrepreneur will have to submit an application to ZUS for reinstatement of insurance (ZUS ZWUA) and re-registration (ZUS ZUA) in order to resume sickness insurance.

ZUS may take a mortgage and enter a bank account

If the taxpayer is in arrears with payments, ZUS also has the right to apply for a compulsory entry in the entrepreneur's mortgage.It may also seize the debtor's property in order to recover debts. If enforcement is unenforceable, liability may be transferred to the persons closest to the debtor - e.g. the spouse, as well as partners. What's more, ZUS can also collect overdue receivables directly from the entrepreneur's bank account.

Important! After notifying the bank about the existence of the debt, ZUS may conduct enforcement itself.

Default interest - how to reduce the debt?

A taxpayer who is a ZUS debtor may reduce his debt in several ways. The choice of the best option depends on the company's situation, the amount of debt and the period for which unpaid contributions are due. The ways to reduce receivables include:

• spreading the debt into installments,

• abolitionist debt cancellation.

The debtor himself or the person to whom the debt was transferred may try to spread the debt into installments. It is worth remembering that the installment arrangement may only apply to arrears resulting from the untimely payment of contributions of the taxpayer himself. If the arrears concern the employees he hires, there is no such possibility. To spread the debt into installments, the taxpayer must submit an application to ZUS, in which he justifies his request, indicating why he is not able to pay the amount due at one time.