Legal analysis: loans overdue interest refers to the interest fee charged by the lending institution when the loan business applied by the borrower fails to repay the arrears in time after the repayment period. The calculation of overdue loan interest depends on the default interest rate after loans overdue. Banks or lending institutions have different provisions on the default interest rate, so the interest rate in loans overdue is also different. According to the Reply of the Supreme People's Government on the Calculation Standard of Default Penalty for Late Payment, a penalty interest of 30%~50% is generally increased on the basis of the original loan interest rate, but the specific provisions shall be subject to the contract provisions at the time of lending. The specific calculation formula is as follows: loans overdue interest rate = central bank normal loan interest rate x (floating point number above1) loans overdue interest = loan principal x overdue interest rate x actual overdue days. For borrowers in loans overdue, interest will be charged at the default interest rate from the overdue date until the principal and interest are paid off. If the interest cannot be paid on time, compound interest will be calculated at the penalty interest rate. Legal basis: Provisions of the Supreme People on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 25 If a lender requests the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the market quotation of one-year loan at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.

Second, how to correctly calculate the interest on overdue loans?

Therefore, its calculation method is of great significance to both borrowers and lenders. According to the principle of autonomy of the parties, the calculation method of overdue loan interest is agreed by the parties; There is no agreement, in accordance with the relevant provisions. Specifically divided into the following situations: 1. The loan contract clearly stipulates the calculation method of overdue loan interest. When dealing with such cases, as long as it does not violate the law, it can be used as a basis for calculation. That is, as long as the commercial loans overdue interest does not exceed the interest rate standard stipulated by the People's Bank of China, and as long as the private loan conforms to the judicial interpretation of the Supreme People's Court and is not higher than 4 times the bank loan interest rate, the overdue loan interest should be calculated at the interest rate agreed by the parties. 2. The loan contract only stipulates the interest during the loan period, but does not stipulate the interest on overdue loans. In this case, the calculation method of overdue loan interest of commercial loans and private loans is different. Lenders of commercial loans have the option to require borrowers to pay overdue interest at the interest rate agreed in the loan contract or in accordance with relevant state regulations. Lenders of private lending can only ask borrowers to pay overdue interest at the interest rate agreed in the contract. 3. The loan contract does not stipulate the interest during the loan period, nor does it stipulate the interest on overdue loans. This kind of contract is more common in private lending, including two situations: one is regular interest-free loans, and the other is irregular interest-free loans. In the first case, Article 123 of the Opinions of the Supreme People on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation) stipulates that "if the borrower fails to repay the interest-free loan between citizens according to the agreed repayment period, or fails to repay it after being urged by the lender, the lender shall require the borrower to pay overdue interest. In the second case, according to Article 9 of the Supreme People's Court's Opinions on People's Trial of Lending Cases, "irregular interest-free loans are not repaid after being urged; If the lender demands to pay interest after the demand, the interest may be calculated with reference to the interest rate of similar loans from banks. "Lenders can only ask to pay the interest from the date of dunning the borrower according to the bank loan interest rate.

Third, how to correctly calculate the interest on overdue loans?

Therefore, its calculation method is based on the principle of autonomy of both borrowers and lenders. If the parties have an agreement on the calculation method of overdue loan interest, such agreement shall prevail. Specifically divided into the following situations: 1. The loan contract clearly stipulates the agreed circumstances. When dealing with such cases, as long as it does not violate the law, it can be used as a basis for calculation. That is to say, as long as the commercial loans overdue interest does not exceed 4 times the bank loan interest rate stipulated by the judicial interpretation of the People's Bank of China and the Supreme People's Bank, the overdue loan interest will be calculated according to the set interest rate. 2. The loan contract only stipulates the interest during the loan period, but does not stipulate the interest on overdue loans. In this case, commercial loans and private loans overdue, lenders have the right to choose. They can ask the borrower to pay overdue interest at the interest rate agreed in the loan contract, or they can ask the borrower to pay overdue interest in accordance with relevant state regulations. Lenders of private lending can only ask the borrower to pay the interest during the overdue interest period at the interest rate agreed in the contract, and there is no agreement on the interest of overdue loans. This kind of contract is more common in private lending, including two situations: one is regular interest-free loans, and the other is irregular interest-free loans. In the first case, Article 123 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law stipulates that "if the borrower fails to repay the interest-free loan between citizens after the repayment period is stipulated, the lender shall require the borrower to pay the overdue interest, and require the borrower to pay the bank loan interest rate from the date when the repayment period expires. In the second case, Article 9 of "Several Opinions on People's Courts' Trial of Lending Cases" also stipulates that "irregular interest-free loans are not repaid after being urged; Lending can be calculated with reference to the interest rate of similar loans of banks. Lenders can only demand to pay interest at the bank loan rate from the date of lending to borrowers.

4. The loan has not been repaid when it is due. How to calculate the penalty interest for overdue interest?

If you don't repay the bank loan on time, you need to pay a penalty interest. This is a punishment for overdue repayment, and it is also to better urge borrowers to repay on time. At present, the penalty interest of the loan is calculated at twice the bank loan interest rate for the same period. Therefore, the calculation rule of overdue loan interest is: loan interest = (loan amount) × interest rate (unpaid loan amount) × interest penalty. Suppose customer A borrows 20,000 yuan from the bank, and the loan term is 1 month, which is calculated by dividing the latest bank loan interest rate by 12 (monthly interest rate). If after one year, A fails to repay the loan in time, resulting in three days in loans overdue, then the overdue loan interest shall be paid: 20000× (4.60% ÷12) [20000× (4.60% ÷12) 20000 ]× (.