ZUS may refrain from charging interest for late payment - solutions to Shield 1.1.
The state of the epidemic significantly affected the financial situation of some enterprises. Companies are falling into increasing debt and looking for ways to keep them from increasing. The solutions in the Anti-Crisis Shield 1.1 assume that ZUS may waive interest for late payment.
ZUS may refrain from charging interest for late payment
Pursuant to Art. 31 of the draft Act of April 9, 2020 on special support instruments in connection with the spread of SARS-CoV-2 virus, ZUS may waive interest for late payment. It is possible only for economic reasons related to the occurrence of COVID-19, only at the request of the debtor. In such a case, ZUS may withdraw from charging interest for the delay on account of contributions due for the period after December 31, 2019. ZUS may withdraw from charging interest for late payment only at the request of the debtor! The application may be submitted to the Social Insurance Institution within:
- the duration of an epidemic threat or
- the state of the epidemic, or
- during the 30 days following their cancellation.
What should the application contain?
According to the provisions of the shield, the application should contain:
- data of the contribution payer, incl. name and surname, abbreviated name, NIP and REGON, correspondence address;
- a justification as to why ZUS should refrain from charging interest for late payment;
- other information necessary to waive the charging of default interest;
- the applicant's signature.
The application may be submitted in the form of:
- a paper document either
- an electronic signature with a qualified electronic signature, a trusted signature or a personal signature, using the information profile created in the ICT system made available by the Social Insurance Institution.
ZUS informs about the withdrawal of default interest within 30 days from the date of submitting a complete application. Information about the positive consideration of the application or the refusal will be available on the PUE profile.
In the event of a refusal, the contribution payer has the right to submit an application to the President of the Institute for reconsideration of the case, in accordance with the rules relating to the decision issued in the first instance by the minister.
Having no interest on arrears will surely help some businesses during this time. However, they must remember that ZUS may waive the payment of late payment interest only upon their request.