Do I need to buy a cash register? Legal reasons not to purchase cash registers
From July 1, 2017, all cash register systems must ensure the recording and storage of fiscal data, their transfer to the OFD, and then to the tax office. An agreement with the central service center is not required, and the fiscal drive can be replaced by the user independently. Since the implementation of equipment functions involves working with user data, you should also rely on 152-FZ of July 27, 2006.After 2019, almost all categories of business will have to install cash registers, despite numerous protests and controversy surrounding this issue. It does not matter whether there is a constant Internet connection - in this case, the LLC or individual entrepreneur is obliged to record data offline.
So when should you install a cash register?
The need to purchase a cash register depends on:- what type of taxation are you on: simplified tax system, OSN, patent or UTII;
- what type of activity do you do;
- Do you have hired employees?
- size of retail space;
- location of the point of sale;
- and a few more small factors, which we will discuss below.
There are three possible answers to the question "do you need a cash register"
- The cash register must be placed in accordance with the law, otherwise you will be subject to fines.
- You have a choice: you can either install a cash register, or issue strict reporting forms (SSR) to each client, and also report on them to the tax office. We will describe the pros and cons of these two options below.
- It is not necessary to install a CCP. In this case, you are not required to install a cash register at all. But upon the first request of the client, they are required to issue a sales receipt or receipt. The receipt must meet certain requirements. Also, at your discretion, for internal control at the enterprise, you can install a CPM - a check printing machine. NIM does not need to be registered or reported - roughly speaking, it is a calculator that issues checks.
Do I need a cash register for individual entrepreneurs?
For individual entrepreneurs, it all depends on the type of taxation, type of activity, and whether the individual entrepreneur has contracts with employees:
- UTII, patent - not required to use a cash register, but there are exceptions (see below);
- STS, OSN, etc. are required to use a cash register, but again there are exceptions (see below).
Individual entrepreneurs who had previously used cash register systems had to switch to an online cash register before July 1, 2017, and when selling alcohol, regardless of the taxation system, until March 31, 2017. This could have been done voluntarily.
However, for entrepreneurs in retail trade (except for alcohol), catering on UTII without hired employees, the implementation of cash register systems has been postponed until 07/01/2019.
UTII: do you need a cash register?
When using imputation (UTII), a cash register is not required until July 2019, but you should pay attention to the fact that:
when providing services You are obliged to issue strict reporting forms to each buyer, keep strict records of them and submit reports on them to the tax office. This type of work is difficult if you work with a large number of clients;
if your counterparties are legal entities, then you cannot do without CCP;
even if you do not provide services and do not work with an LLC or individual entrepreneur, the buyer must be issued a sales receipt or BSO upon request as proof of payment. This check has some requirements described below.
Do I need a cash register for individual entrepreneurs on UTII?
There are no sanctions from regulatory authorities for non-use of cash registers in individual entrepreneurs before July 1, 2019, but in order to streamline internal reporting, it is advisable to acquire devices and check printing machines now. The condition for deferment is the absence of hired employees who are listed under the contract. As stated in clause 7.3 of Law No. 290-FZ, if it is violated, the entrepreneur is obliged to register an online cash register within thirty days from the date of conclusion of the contract.
The state has made significant concessions for individual entrepreneurs on imputation. Now an entrepreneur is allowed to reduce tax by the amount he spent on purchasing a device, installing its software, and subsequent configuration. It is clarified that the total compensation will not exceed eighteen thousand rubles.
Do individual entrepreneurs need a cash register on the simplified tax system?
Entrepreneurs working on the simplified tax system must install a cash register.
There is no such obligation if you:
conduct settlements with partners through bank accounts by bank transfer;
you are in a hard-to-reach region.
Retail trade: do you need a cash register?
Trade in periodicals, ice cream, draft kvass, securities, food products in educational institutions, tickets, travel documents is not subject to the mandatory installation of cash registers. The same can be done when selling vegetables at market stalls, selling religious paraphernalia, and literary works.
Services: do you need a cash register?
From July 1, 2018, when providing services and performing work, you will have to not only issue a BSO (as before), but do it using an automated system in electronic form. Obey the new rule under 290-FZ, Art. 7 clause 8 must be applied by both entrepreneurs and organizations.
The use of CCT does not require shoe repair, portering services, acceptance of secondary raw materials (with the exception of scrap metal) and glass containers, child care, sick and disabled persons, key making, plowing, cutting firewood, and religious ceremonies.
Do you need a cash register for trading?
Trade in the following categories of products without CCP is prohibited. This:
- clothing, socks and hosiery made of knitwear;
- carpet products of various types;
- leather products;
- goods made of straw, wood, cork, wickerwork;
- chemical substances;
- medicines and products intended for treatment (with the exception of those sold through rural pharmacies based at medical posts);
- electrical, computer equipment, optics, electronic models;
- transport and equipment for it;
- plastic goods and rubber products;
- musical instruments;
- orthopedic systems;
- sports products.
Please keep in mind that REPEATED violation of the requirements will result in the suspension of the outlet for three months.
Trade in ice cream at a kiosk, dairy products, kvass from a tank, soft drinks in public transport, food in canteens for students or schoolchildren, periodicals does not imply a mandatory transaction through a cash register, but does not cancel the voluntary transition to the use of such expensive equipment.
But beer, as well as other alcohol-containing products, cannot be sold without using an online cash register.
Do you need a cash register for an LLC?
Regarding LLCs, the issue is resolved depending on the applicable taxation systems. Thus, the UTII payer and the patent owner (if he does not make payments in cash or bank cards) can still enjoy a deferment on the installation of cash register systems. But with a combination of UTII and simplified tax system, OSN, involves working with an online cash register.
There is no need to issue checks for payments between organizations and entrepreneurs that are made using electronic means (according to the regulations, these include digital wallets registered in the payment system).
Do I need a cash register for an individual entrepreneur on a patent?
Previously, patent holders could simply issue paper to their customers that replaced standard cash receipts. But now you will have to purchase an online cash register if you have employees or trade. All other patent holders are allowed to defer this for another year until early July 2019.
Do I need a cash register for individual entrepreneurs in 2018?
Impostors and patent owners will not need a new type of cash register until 2019. At the same time, fines for businesses have increased significantly:
- at least ten thousand (from half to a quarter of revenue) will have to be paid when working without an online cash register;
- if the electronic check requested by the buyer is not transferred, the buyer faces administrative liability in the amount of ten thousand rubles;
- and the use of the old cash register will cost the entrepreneur a three thousand fine.
Do I need a cash register with the simplified tax system
All payers of the simplified tax system are required to use cash register equipment, however, if you provide services to the public, are located in a hard-to-reach area and issue cash registers issued in accordance with Decree No. 359 of May 6, 2008, you may be exempt from such an obligation.
LLC on the simplified tax system: do you need a cash register
The state allows the non-use of cash registers when an organization makes all transfers through a bank account. If the client pays you in cash or by bank cards, then you cannot do without a cash register.
Do I need a cash register for an online store
Sales of products through a virtual network are not subject to patents and imputation, so owners of a virtual outlet will have to fork out for expensive equipment.
Remember that all online payments must be made to the url of the store itself. For couriers who receive money from customers, it is worth acquiring mobile cash registers, which are registered by the number of a specific vehicle or by the courier’s last name. The check must be issued at the time of transfer of cash from the buyer to the courier.
Do you need a cash register in the market
According to the current standards of 290-FZ, you can sell anything without a cash register at markets, fairs and other areas for casual trading. Claims may arise if you sell one of seventeen categories from the Ministry of Finance (Order of the Government of the Russian Federation dated April 14, 2017 No. 698-r).
№ | OKP code OK 034-2014 (KPES 2008) |
Name of product |
1 | 13.93 | Carpets and carpet products |
2 |
14, except: 14.14 14.19.23.110 14.31 |
Clothing, except:
|
3 | 15, except: 15.20.4 | Leather and leather goods, except:
|
4 | 16, except:
|
Wood and wood products and cork, other than furniture; products made from straw and weaving materials, except:
|
5 | 20 | Chemical substances and chemical products |
6 | 21 | Medicinal products and materials used for medical purposes |
7 | 22 | Rubber and plastic products |
8 | 23 | Other non-metallic mineral products |
9 | 26 | Computer, electronic and optical equipment |
10 | 27 | Electrical equipment |
11 | 28 | Machinery and equipment not included in other groups |
12 | 29 | Motor vehicles, trailers and semi-trailers |
13 | 30 | Transport means and equipment, other |
14 | 31 | Furniture |
15 | 32.2 | Musical instruments |
16 | 32.50.22.120 | Orthopedic devices |
17 | 32.3, except:
|
Sports goods, except:
|
Cash register in a hairdressing and beauty salon: is it necessary?
Until July 2019, a hairdresser with a patent or UTII has the right to work without a cash register and receive cash, but must issue a sales receipt or a receipt if the client requests it.
LLC on UTII: do you need a cash register?
An enterprise with a “imputed regime” when accepting cash from the population (that is, from individuals) is not obliged to use cash registers, but this does not exempt it from issuing BSO upon request. Please note that if your partners are any legal entities (LLC, JSC, entrepreneurs), then you will still have to buy a cash register.
Individual entrepreneur “providing services”: do you need a cash register?
Before the introduction of online cash registers, entrepreneurs filled out strict reporting forms; they could be filled out by hand or printed. Now, from July 1, 2018, tourism operators, car services, children's development centers, sports coaches, as well as other services will be required to send electronic data to the OFD.
Wholesale trade: do you need a cash register?
If you sell products in bulk and pay your counterparties by bank transfers to your account, you are exempt from purchasing and installing an expensive device. In this case, non-cash revenue is transparent to tax authorities - they will be able to check at any time what you are receiving and where it comes from.
But if payment for goods is made in cash, by bank card or in another way, then the practice of using cash register systems will be different. The letter of the Federal Tax Service of Russia numbered ED-4-2/23721, as well as the Ministry of Finance of the Russian Federation No. 03-01-15/49854 dated November 20, 2013, indicates that it is mandatory to issue a cash receipt for the amount deposited, register it in the fiscal system, and transfer it to the buyer ( if desired).
It is important that no more than five minutes should pass from the moment the money is accepted until the check is printed. And if the goods are delivered by a trade representative, and the proceeds are handed over later, then it is advisable to provide him with a mobile cash register device.
If a partner of a company is an individual and purchases things for personal needs in the amount of no more than one hundred thousand, then according to the Instructions of the State Statistics Committee and Art. 492, it is mandatory to submit a cash receipt through the online cash register. The contract states the status of an individual in a separate line. When selling products to an entrepreneur, there is a similar restriction of one hundred thousand and the need to issue a cash receipt.
Do you need a cash register for beer?
If you sell beer, then using a cash register is mandatory. It doesn’t matter whether you do it through a counter or a catering outlet - installing an online cash register is an integral part of doing business.
Previously, trade in alcoholic products, including beer, was regulated by the provisions of clause 10 of article 16. 171-FZ. However, with the introduction of amendments dated March 31, 2017, businesses must be guided by the norms of 54-FZ - as the priority of a special norm over a general one.
Changes in 2018 - 2019
Due to the complexity of the implementation of the program and the duration of its implementation in business structures, it was decided to shift the previously established deadlines.
On November 5, 2017, legislators adopted draft 186057-7, which amended Federal Law 290-FZ. Thus, until July 1, 2019, the following categories of entrepreneurs can take advantage of the deferment:
- organizations applying patents, the general taxation system and the simplified tax system, providing services under subparagraphs 1-5, as well as 10-14 of Art. 346.43 Tax Code of the Russian Federation;
- entrepreneurs who provide services and carry out retail trade do not have hired employees on their staff as specified in paragraphs 6-9, paragraph 2 of Article 346.26 of the Tax Code;
- legal entities and entrepreneurs on imputation and patents engaged in vending;
- Individual entrepreneurs on patents that provide various services listed in 346.43 of the Tax Code.
Do I need a cash register for individual entrepreneurs?
Do I need a cash register for individual entrepreneurs?
One of the main questions that individual entrepreneurs ask themselves when starting a business is when they need to use a cash register. This article will tell you whether a cash register is needed for an individual entrepreneur, and describes situations in which you can do without cash register equipment, and when its use is strictly necessary.
Does an individual entrepreneur need to keep a cash register?
According to the law on the use of cash registers, all legal entities and private entrepreneurs must have a cash register (CCM) in cases where they are engaged in the sale of products, provision of services or performance of work and cash or non-cash payment is made for their activities. At the same time, the law provides for a number of exceptions, in the event of which the use of cash registers can be avoided. They will be presented below, and if your business has nothing in common with the cases described, then the use of a cash register is mandatory for you, regardless of the form of registration of your business (LLC, PJSC, individual entrepreneur, etc.).
A cash register used by a company must be registered with the tax authority.
In accordance with Russian Government Decree No. 470, a number of serious requirements are imposed on cash register machines:
Availability of a housing, fiscal memory and its storage, control tape;
Printing receipts and long-term storage of information even in the absence of a power source;
Recording incoming information on a control tape and information storage device;
Entering fiscal data into the device and displaying it on tape;
Preventing the entry of deliberately incorrect data and the correction of already established information;
Availability of a time tracking device with pre-installed technical equipment. characteristics;
Availability of a passport, identification mark and control seal;
Monitoring and maintenance by a specialized technical service.
Only cash registers listed in the State Register can be registered with the tax service and used in practice: information about them can be found on the official website of the Federal Tax Service. All listed cash registers have a special holographic sticker on the body.
Please note that there are also accounting devices on the Russian market, called receipt printing machines (CPM). They do not apply to KKM and can be used exclusively on a voluntary basis.
The correct use of registered cash registers is carried out on an ongoing basis by employees of the Federal Tax Service, who have the right to impose fines on entrepreneurs caught in violation of cash discipline.
The use of a cash register is not required in the following cases:
Trade in printed publications and related products in newspaper and magazine kiosks;
Securities trading;
Sales of travel tickets in public transport;
Trade in food products in schools, colleges, universities, etc.;
Sales at markets, exhibitions, fairs and other areas designated for similar purposes. The exceptions are shops, pavilions, kiosks, tents, mobile shops, car shops, vans, container-type premises and other similarly equipped trading places, premises, vehicles, including trailers and semi-trailers that ensure the demonstration and safety of products, as well as open counters on covered markets selling non-food products (with the exception of goods specified by the list of the Government of the Russian Federation);
Random sale of food and non-food products (except for technically complex devices and food products requiring special storage and sale conditions) in passenger cars of trains, from handcarts, bicycles, baskets, trays;
Sales of ice cream and draft soft drinks at kiosks;
Sales of kvass, milk, butter, live fish, kerosene from tank trucks, seasonal sales of vegetables, fruits and gourds at random;
Acceptance of glassware, waste paper and other waste materials (except for scrap metal, precious metals and stones);
Repair and painting of footwear;
Manufacturing and repair of metal products (haberdashery, keys, etc.);
Supervision and care for children, the sick, the elderly and disabled;
Sales of folk arts and crafts;
Tilling vegetable gardens, sawing firewood;
Provision of services by porters at railway, bus, air terminals, sea, river and airports;
Rent or lease of residential premises owned by individual entrepreneurs.
The question of whether a cash register is needed for an individual entrepreneur can also be answered in the negative in cases where the enterprise is located in a hard-to-reach or remote place. Lists of such localities have been approved by the authorities of the constituent entities of Russia.
Rural pharmacies and FAPs (medical and midwifery stations) selling medicines are not allowed to use cash registers.
In the listed situations, payments are made without cash registers, but with the obligatory issuance to the population receiving services, strict reporting forms.
You can also prove the fact of receiving cash using other payment documents:
Season tickets;
Travel vouchers, etc.
Receipts;
Travel tickets;
If no documents are provided for the services you provide, you must develop a standard form for strict reporting yourself. In accordance with Art. 3 Regulations of the Government of the Russian Federation dated May 6, 2008 No. 359, this document must indicate the following details:
Type of service and its price;
Payment amount;
Date of the operation;
Full name, position and personal signature of the person who issued the document;
IP seal.
The name of the document, its serial number;
Document number and series;
Full name of the entrepreneur;
Company address;
The strict reporting form must be issued in two copies or have detachable parts (Article 8 of the Regulations of the Government of the Russian Federation dated May 6, 2008 No. 359). To print BSO, an individual entrepreneur needs to contact a printing house or buy his own check printing machine (CHP). Unlike a cash register, it does not need to be registered with the tax authority or supplemented with an EKLZ unit (protected electronic control tape). Printing such forms on a simple printer is not allowed.
Do I need a cash register for individual entrepreneurs under different taxation systems?
Do I need a cash register for individual entrepreneurs using the simplified tax system?
An individual entrepreneur who has chosen a simplified system and conducts cash payments with clients is required to have a cash register. At the same time, non-cash payments by debit and credit cards must also be accompanied by the issuance of cash receipts. Thus, the answer to the question “Do I need a cash register for individual entrepreneurs on the simplified tax system?” is affirmative.
Exceptions. Cash registers are not needed if:
An individual entrepreneur operating in a simplified manner makes only non-cash bank payments to the current accounts of legal entities and other individual entrepreneurs;
an individual entrepreneur operates in a remote or hard-to-reach area, where it is simply impossible to use cash register machines;
Individual entrepreneurs provide the population with those types of services that, by law, provide for the replacement of cash receipts with strict reporting forms.
Do I need a cash register for individual entrepreneurs on UTII?
If an entrepreneur chooses a single tax on imputed income as a taxation system and intends to carry out retail sales, it is quite possible to do without purchasing a cash register. The form of registration of the enterprise does not matter here: individual entrepreneur or LLC. The question of whether a cash desk is needed for individual entrepreneurs on UTII, you have the right to decide on your own. By law, you have the right to issue customers both cash receipts and other papers: receipts, sales receipts, BSO, etc.
A receipt or sales receipt must be issued at the first request of the client. It is advisable to do this every time you make a transaction, otherwise you may have misunderstandings with the tax service and Rospotrebnadzor. Such a measure will help to avoid disagreements with consumers. Otherwise, you will not be able to reliably verify that the product that was brought to you for exchange or return was purchased in your store.
You need to understand that writing sales receipts manually and issuing them to customers is a labor-intensive process. It is better to choose a simple and inexpensive computer program created specifically for retailers. Such software is usually able to register transactions, print receipts, warranty coupons, price tags and tags. In addition, the program can become an assistant in warehouse accounting and control over the work of sellers. You can connect a barcode scanner and a receipt printer to a computer with the program installed. This will help to fully automate all processes in the store.
Do I need a cash desk for IP on a patent
The question "Do I need a cash desk for an IP on a patent?" is quite difficult. This area has a number of hidden nuances. After all, the patent system was developed to simplify the simplified tax system. It is applicable for individual enterprises that do not want to carry out accurate accounting and maintain strict reporting. The main advantage of the patent system is convenience. By purchasing a patent, an individual entrepreneur saves himself from the need to visit the tax authorities every month. He no longer needs to constantly fill out declarations and pay taxes and fees. His only task is to control the payment of insurance premiums. The tax service independently calculates the amount to be paid, and it also prescribes it in the patent. This greatly facilitates the final payments and helps to understand whether a cash desk is needed for an IP on a patent.
Entrepreneurs who have chosen the patent system can carry out financial transactions using cash or non-cash payments and do not use a cash register. More precisely, they can independently decide whether to use a cash register - no one can force them to do this. However, even if the entrepreneur refuses to use the cash register, he still cannot refuse to issue the client a document certifying the payment, since this is a gross violation and is strictly prosecuted.
Table of use of cash registers under different taxation systems
Tax system |
Kind of activity |
KKM is required |
BSO can be issued |
You can issue a sales receipt or |
Sales, etc. |
||||
Services to the population |
||||
Sales, etc. |
||||
Services to the population |
||||
Sales, etc. |
||||
Services to the population |
||||
Sales, etc. |
||||
Services to the population |
||||
Sales, etc. |
||||
Services to the population |
Are cash registers needed for individual entrepreneurs in 2017?
Online cash register is a special device that prints a cash receipt and transmits information about the completed transaction to the tax authority via the Internet. In 2017, all retailers should begin the transition to this type of technology.
Here are the main facts associated with this transition:
Who should switch to online checkout?
In 2017, a new procedure for using online control technology was introduced; it provides for different modes for different categories of taxpayers making cash payments. First of all, it depends on the tax regime of the enterprise. And until 2017, many businessmen could carry out activities without cash registers.
The answer to the question of whether a cash register is needed for an individual entrepreneur, starting from 2017, will depend on the chosen tax regime. It was not unexpected that all LLCs and individual entrepreneurs working on the simplified tax system are now required to use cash register equipment. After all, the simplification by default implies the issuance of a cash receipt, and sellers working under the simplified tax system have long ago purchased cash registers and now have the opportunity to modernize them or replace them with new ones.
The use of cash registers for cash payments for enterprises operating under UTII or the patent system will still not be required in 2017. They will be required to introduce new cash registers only from 2018. By the way, real income on UTII and PSN will also not be taken into account when calculating taxes. New cash registers for these special regimes are being introduced to protect consumer rights.
Transition deadlines
Depending on the tax regime and area of work, the timing of the transition to an online cash register varies for different enterprises. On February 1, 2017, registration of old-style cash registers with the tax service was completely stopped. From February 1 to July 1, 2017, there will be a transition to online cash registers for sellers who previously answered yes to the question of whether a cash register is needed for individual entrepreneurs. Thus, starting from the summer of 2017, cash registers with ECLZ will go out of circulation.
Enterprises operating under UTII or PSN, and businessmen issuing printing BSOs to clients (for any type of taxation) are required to use a cash register from July 1, 2018. The requirement to use CCP since 2017 does not apply to them.
Requirements
An online cash register is a special cash register that operates online, that is, connected to the Internet. Similar devices can be seen in action now. So, when selling alcoholic beverages, the cashier is required to send an online request to the EGAIS system. The receipt is printed only after the legality of the bottle has been verified. If the system cannot find information matching the barcode, the transaction will not take place.
The same principle is being implemented in the work of new online cash registers, with the difference that information about transactions is transferred to the fiscal data operator. This employee confirms acceptance of the information, and the check is assigned a fiscal number.
Starting from 2017, new cash desks that are needed for individual entrepreneurs will comply with the requirements of Art. 4 Federal Law No. 54:
Case with serial number;
Clock with real time in the case;
Device for printing fiscal documents (internal or external);
Possibility of installing a fiscal drive in the housing;
Transfer of information to the fiscal drive in the housing;
Formation of fiscal documents in electronic form and their transfer to the operator immediately after entering the information into the fiscal storage;
Printing fiscal documents with a two-dimensional bar code (QR code no less than 20 x 20 mm in size);
Receiving confirmation from the operator about receipt of information or information about the absence of such confirmation.
Special requirements are established for the fiscal drive itself (Article 4.1 of Law No. 54-FZ):
Case with serial number and manufacturer's seal and non-volatile timer;
Ensuring information security of fiscal data and their encryption;
Formation of a fiscal attribute of no more than 10 digits in length for each fiscal document;
Ensuring authentication of the fiscal data operator and checking the reliability of his confirmations;
Formation of records in the memory of cash register equipment;
Execution of information exchange protocols established by Art. 4.3 of Law No. 54;
Availability of a document key and a message key of at least 256 bits in length;
Ensuring the ability to read fiscal data recorded and stored in memory for five years from the end of operation.
The register of cash registers that are needed for individual entrepreneurs and comply with the requirements of the law since 2017 has been published on the official website of the Federal Tax Service. Before deciding which cash register to choose, make sure that the model you like is in this registry.
Expenses
The new cash register, which individual entrepreneurs need, as well as other changes that have been introduced by the law on cash register systems since 2017, will entail certain expenses on the part of businessmen. Here it is necessary to take into account not only the cost of the online cash register itself, but also the costs of the services of the fiscal data operator (FDO).
The fiscal operator is a new intermediary who will receive information from your online cash register via the Internet and transmit it to the tax service. Only specialized commercial firms that meet the technical requirements of the tax service have the right to conduct operator activities. Violations of the procedure for the transfer of information, its safety and protection of the OFD are punishable by large fines - from 500 thousand to one million rubles.
Obviously, the operator's services will be paid. It was necessary to begin introducing online cash registers into circulation from the beginning of 2017. To attract consumers, online cash register operators during the transition period do not ask for too much money for their services - from three thousand rubles for each device. Thus, the cost of services depends on the number of cash desks. Subsequently, it can increase four times - up to 12 thousand rubles per month.
It is worth noting that the fiscal data operator can be selected exclusively from an approved list of organizations that have permission to carry out such activities. It is posted on the tax service website.
The cash register itself, which is needed for individual entrepreneurs, can be modernized and not replaced. To find out whether your cash register meets the updated requirements, whether it is possible to install a fiscal drive in it instead of an ECLZ, you need to contact the manufacturer or operator.
Estimated costs for operating online cash registers for the first year:
Modernization of an old cash register - from 5 thousand rubles.
Buying a new device - from 25 thousand rubles.
Software for the machine - from 5 thousand rubles.
Internet provider services (at the rate of 500 rubles per month) - from 6 thousand rubles.
OFD services in the first year - from 3 thousand rubles.
So the transition to new cash register technology in 2017 will occur gradually and should be completed by the summer of 2018.
Benefits of the transition
The transition to new cash registers since 2017 is an initiative of the Federal Tax Service. The main advantages of this system, according to the tax service, are:
Transparent accounting of traders' profits;
Increase in tax deductions;
Reducing the number of checks;
Additional opportunities for consumer protection.
Do you need a cash register for an individual entrepreneur and what fines will an entrepreneur face for not having one?
The use of cash register equipment by an individual entrepreneur requires strict reporting and discipline. Thus, it is a mandatory requirement to keep logs of the cashier-operator and calls for technical specialists, acts of taking meter readings, returning money, etc.
Since cash register equipment must be operated in accordance with strict regulations, its incorrect use is punishable by severe penalties. Control over compliance with regulations is entrusted to the tax service.
In 2017, fines for violation of the law “On cash register equipment” were increased (Article 14.5 of the Code of Administrative Offenses of the Russian Federation). The amount of penalties from individual entrepreneurs is slightly lower than from legal entities, but for them these amounts are also very significant.
Let's look at the main fines and penalties for incorrect use of cash registers in the form of a table.
Violation |
Responsible person |
Responsibility |
Lack of a cash register in cases provided for by law (Part 2 of Article 14.5 of the Code of Administrative Offenses of the Russian Federation) |
Job title |
Fine from 0.25 to 0.5 of the amount of payments without a cash register (but not less than 10 thousand rubles) |
Legal/IP |
Fine from 0.75 to 1 of the amount of payments without a cash register (but not less than 30 thousand rubles) |
|
Repeated violation of the previous paragraph, if the amount of payments without a cash register amounted to more than a million rubles (Part 3 of Article 14.5 of the Code of Administrative Offenses of the Russian Federation) |
Job title |
Disqualification for a period of one to two years |
Legal/IP |
Suspension of activities for up to 90 days |
|
Using a cash register that does not meet established requirements; violation of the procedure for registering a cash register, the procedure, terms and conditions for its re-registration, the procedure and conditions for its use (Part 4 of Article 14.5 of the Code of Administrative Offenses of the Russian Federation) |
Job title |
Warning or fine from one and a half to three thousand rubles |
Legal/IP |
Warning or fine from five to ten thousand rubles |
|
Failure to provide information and papers on the use of the cash register at the request of the tax service or submission of this information and papers in violation of the deadlines (Part 5 of Article 14.5 of the Code of Administrative Offenses of the Russian Federation) |
Good afternoon, dear readers! Today we are talking about the most serious change, which has long raised a lot of questions - the introduction of an online cash register in 2017 for individual entrepreneurs and LLCs! In addition, it is already in full effect, and the questions are becoming more and more! In short: The Law on CCP No. 54-FZ of May 22, 2003 has changed very much (changes were made by Law No. 290-FZ of July 3, 2016):
And now about all this in more detail. Who should switch to online cash registers from July 1, 2018The list of entrepreneurs who previously could work without a cash register is sharply shrinking. The following will lose the right to exemption from cash registers:
These two groups could not put up a cash register, but issue the buyer (upon request) a document confirming payment. Now they won't be able to do that! From July 1, 2018, everyone who pays UTII and a patent will also switch to new cash registers on a general basis!
These two groups will also switch to the general rules for the use of cash register systems from July 1, 2018: the first will have to install cash registers at the point of sale, the second will have to equip cash registers with cash registers.
Transition to Online cash registers from July 1, 2019The next stage of the transition to online cash registers is July 1, 2019. From this date the following will be required to work according to the new rules:
Who can work without online cash registers?
Online cash registers for those who provide services to the publicAt the moment, companies and individual entrepreneurs providing services to the public have the right to do without CCP, but they must then issue BSO. From July 1, 2018, this obligation will be supplemented by the fact that it will be necessary to issue not just a BSO, but a BSO generated on a special device - an “automated system for BSO.” In theory, this system will become a type of cash register, respectively, BSO will become a type of cash register receipt. Plus, the law has been amended in the following part: it will be possible to issue such BSO both when providing services and when performing work in relation to the population.
Online cash registers for online stores and e-commercePreviously, there was no clear answer to the question of whether an online store needs a cash register system. According to the explanations of the tax authorities, it still had to be used. Now everything is spelled out quite clearly: Cash register systems for online trading are needed both for cash payments and for payments through electronic means of payment. Payments using electronic means of payment are a new concept that appeared in the law after amendments were made. Such settlements are defined as settlements that exclude personal interaction between the two parties to the purchasing process. If you accept payments only through electronic means of payment in your online store, then you can buy not an online cash register, but a special cash register without a printer for printing receipts. In some cases of online trading, when the parties are two legal entities, two individual entrepreneurs or an individual entrepreneur and a legal entity, there is no need to use cash register systems - such situations are exceptions.
What will change in the cash registers themselves?The main requirement for new CCPs is the ability to connect the equipment to the Internet. It is the presence of communication that will allow you to transfer information about sales to tax authorities. Actually, this is where the name “online cash register” comes from. In addition, new cash registers must have a case with a serial number, as well as a two-dimensional barcode printing function and a built-in clock. There will be no fiscal memory and EKLZ in the new cash registers; instead, there will be a fiscal drive inside the machine. All information about payments will be stored in this drive in a protected form. In order for a cash register to be used, it must be included in a special register, while fiscal drives will have their own separate register. The online cash register will also need to be registered with the tax authorities, but it is no longer necessary to enter into an agreement with the central service center. Here we can’t help but note a “bonus”: to register a cash register, you don’t have to go to the tax office in person; this can be done electronically.
How will the data be transmitted to the tax office?Data transfer will occur with the help of the fiscal data operator (or FDO for short), or rather through it. Accordingly, the entrepreneur needs to enter into an agreement with such an operator. Next, the sequence of actions is as follows: the cashier punches the check, the information in encrypted form goes to the operator’s server, the operator checks it, sends confirmation of acceptance, and then forwards the data to the tax office. The operator also records all data so that it cannot be corrected. All information will be stored in a database and stored for at least five years.
What will change in receipts and BSO with the introduction of online cash registersThere are quite a few changes here:
How will fines change?The fines have changed, the new rules have been in use since July 2016:
In general, the figures are quite impressive, even if we take the most minimal amounts of fines. In addition, we note that you can be held accountable for such violations within a year! Previously, this period was only 2 months. Where to buy an online cash registerYou can buy online cash registers in specialized cash register equipment stores in your city. You can contact your technical service center - for those who currently have an old cash register. The cash register must have a serial number and must be entered in the register. There will be a separate register for fiscal drives. ConclusionWe would like to draw your attention to the fact that on January 1, 2018, amendments to the Tax Code introduced by Federal Law No. 349-FZ of November 27, 2017 came into force. They apply only to individual entrepreneurs working on UTII and PSN. LLC is an exception! According to this law, individual entrepreneurs can take advantage of a tax deduction for the purchase of an online cash register in the amount of 18,000 rubles. in the period from 2018-2019 Using this deduction, you can reduce the tax payable to the budget. These are the highlights of online cash registers from 2018 so far. Despite the fact that they have been applied since July 1, 2017, quite a lot of questions still remain. The amendments to 54-FZ that came into force obligated entrepreneurs to switch to cash register equipment that sends information about all sales to the tax office automatically. In this article we will talk about whether an online cash register is needed for individual entrepreneurs, as well as what features of its use you need to know. Do you need an online cash register for individual entrepreneurs: for whom is the transition required?According to the current law on the use of cash registers, all legal entities and entrepreneurs are required to have a cash register in cases where they sell products, provide services or perform work for cash or non-cash payment. However, the law provides for a number of exceptions in which the use of an online cash register can be avoided. Such exceptions include:
For all other organizations and entrepreneurs, the use of a cash register is mandatory, regardless of the form of business registration. A video on this topic can be found below: LegislationThe use of online cash registers by entrepreneurs is regulated by Federal Law No. 54-FZ, the current version of which can be found on the legal portal “Consultant Plus” at the link http://www.consultant.ru/document/cons_doc_LAW_42359/. On the simplified tax systemAn entrepreneur who has chosen the “simplified” system and conducts cash payments with his own clients is required to have a cash register. At the same time, non-cash payment must also be accompanied by the issuance of checks. Cash registers are not needed only in cases where the entrepreneur:
On UTIIToday, the requirement for the mandatory use of cash register equipment does not apply to entrepreneurs on UTII. By law, such businessmen have the right to issue to their clients both cash receipts and other supporting documents, including sales receipts, receipts and strict reporting forms. In this case, a sales receipt or receipt must be issued upon the client’s first request. On patentFor entrepreneurs with a patent, the requirement for a mandatory transition to online cash registers this year also does not apply. At the same time, the individual entrepreneur has no right to refuse to issue the client a document certifying the calculation on the patent, just like the “imputers”, since this will be a gross violation and will entail the imposition of a serious fine. When should individual entrepreneurs switch to online cash registers: installation timeframesDepending on the area of work and the chosen tax regime, the timing of the transition to cash register systems varies somewhat. On February 1 of this year, registration of old-style cash registers was stopped. From February 1 to July 1 of the same year, a transition was made to CCP for entrepreneurs using the simplified tax system and OSNO, as well as sellers of alcoholic beverages, regardless of the type of taxation. At the same time, entrepreneurs with UTII and a patent who do not sell alcohol in any of its forms are required to use new cash registers only from July 1, 2018. The requirement to use cash register equipment since 2017 has nothing to do with them. Is it possible to modernize an old cash register or do I need a new one?An online cash register is a special cash register that has an Internet connection and is therefore capable of operating online. The cash register can be either new or modernized. The main thing in this case is the compliance of the device with the requirements of Article 4 of Federal Law 54-FZ, namely:
You can find out whether a specific device model can be upgraded by contacting its manufacturer directly. The register of cash registers that comply with legal requirements can be found on the official website of the Federal Tax Service. Fine for absenceFor violation of the requirements of 54-FZ, the following system of fines is provided for entrepreneurs:
Which online cash register should I choose for an individual entrepreneur using the simplified tax system?The modern cash register market offers many models of online cash registers, ideal for both small and medium-sized businesses. Let's consider the most popular CCP models:
How to conclude an agreement with OFD and which one to choose?In order to start working with cash register equipment, an entrepreneur needs to select an OFD and conclude an appropriate service agreement with it. The official list of accredited operators is posted on the Federal Tax Service website. Today there are 14 organizations, each of which fully satisfies the requirements of the law:
You can view the current list of accredited fiscal data operators here: https://www.nalog.ru/rn77/related_activities/registries/fiscaloperators/. According to current legislation, an agreement for the processing of fiscal data must contain:
To formalize an agreement with an operator, the client must receive a CEP, register on the OFD website, pay for its services and sign the document with an existing electronic signature. Attention: Entrepreneurs may not enter into an agreement with a fiscal data operator only if they are located in an area significantly remote from communication networks and do not have the ability to connect to the Internet. Is it possible to work with EGAIS?EGAIS is a unified state automated information system developed by the state to control the volume of ethyl alcohol produced, as well as the turnover of alcohol-containing and alcoholic products. According to current legislation, any manipulations with alcoholic goods (including reception, entry into warehouses, sales and write-offs) must be reflected in this system. EGAIS has been working with suppliers since 2016. To connect to EGAIS you need:
Violation of the procedure for connecting to the Unified State Information System threatens entrepreneurs with a fine of up to 15 thousand rubles. When carrying out a number of individual transactions without appropriate registration in the Unified State Automated Information System, an entrepreneur may be accused of illegal trafficking in alcoholic beverages. At the same time, a manufacturer operating without registration in the system will be deprived of its license through a judicial procedure. How much does an online cash register and its maintenance services cost for individual entrepreneurs?An approximate calculation of the costs of operating an online cash register is as follows:
Where can I buy?Entrepreneurs can buy cash register equipment both in specialized stores and directly from the manufacturer. The most popular CCP manufacturers selling their products directly to entrepreneurs are:
Application of online cash registers for individual entrepreneurs latest newsHave online cash registers been canceled for individual entrepreneurs?Since 2016, the Russian Federation has had a new law on the rules of working with cash register equipment. The amendments to it will concern entrepreneurs who previously could work without installing cash registers. Below it is explained whether a cash register is needed for individual entrepreneurs on the simplified tax system in 2019. The need to purchase a cash registerThe Federal Law “On the Use of Cash Register Equipment” explains whether a cash register is needed for individual entrepreneurs on the simplified tax system in 2019. Persons who use the UTII or simplified taxation system modes in their work and make payments will have to purchase a cash register(before the law was introduced, its use was considered optional).
This requirement does not apply to persons using the patent tax system. There are a few other exceptions.
Continuing the activities of an individual entrepreneur without a cash registerTo the question of whether a cash register is needed for individual entrepreneurs under the simplified tax system in retail trade, there is no clear answer. For some types of activities, its installation is not required. The list below describes cases in which it is possible for an individual entrepreneur to operate without a cash register:
From this list it becomes clear that working as an individual entrepreneur without a cash register under the simplified tax system will remain possible for many entrepreneurs. Acceptable devicesTo find out which cash register is needed for an individual entrepreneur on the simplified tax system, you need to look at the corresponding state register. Registration with the tax service for the purpose of further use in business activities is only possible for the devices specified therein.
The use of cash register under the simplified tax system in 2019 for individual entrepreneurs by each entrepreneur must be consistent with current laws. Failure to comply with cash discipline can result in heavy fines. Directive No. 3210-U (registered on March 11, 2014 in Moscow) establishes the rules for conducting cash transactions. Several categories of taxpayers can take advantage of the relaxations provided for in the decree. In 2019, entrepreneurs and firms that meet the definition of small businesses have the opportunity to use a simplified cash procedure, in which the absence of a limit is acceptable. The procedure for maintaining an individual entrepreneur's cash book on the simplified tax systemInstalling a cash register for individual entrepreneurs on the simplified tax system in 2019 is mandatory for many individual entrepreneurs, although there are some concessions for them. They should not issue a cash receipt (expense) order when accepting (issuing) cash. The method of issuing salaries to staff determines whether it is necessary to maintain an individual entrepreneur’s cash book on the simplified tax system in 2019. It is not a mandatory requirement if employee salaries are paid to bank cards rather than in cash.
If an individual entrepreneur cannot work according to the above procedure, the individual entrepreneur’s cash book must be maintained in accordance with the general rules. When using cash register for individual entrepreneurs on the simplified tax system, it is necessary to record transactions with it in the Income and Expense Accounting Book. The cash book of individual entrepreneurs and KUDiR do not require the use of expenditure and receipt orders during filling out. Otherwise, cash discipline for individual entrepreneurs does not differ from the general requirements established by law for performing cash transactions - you need to follow them. Benefits of using a cash registerAlthough an individual entrepreneur can often work without a cash register, installing one is still recommended to obtain a number of pleasant advantages. Whether a cash register is needed for individual entrepreneurs under the simplified tax system in retail trade - it will not be possible to say right away, but it will definitely become more convenient to work.
Why is it beneficial to install a cash register for individual entrepreneurs on the simplified tax system:
Possible fines when using cash register in an LLC or individual entrepreneurThe following violations of the law on the use of cash registers, specified in Article 14.5 of the Code of Administrative Offenses of the Russian Federation, threaten the entrepreneur with a fine:
Judging by the facts described above, it can be argued that the rules for using cash register equipment in 2019 remained quite simple - in addition, the updated law provided some concessions for individual entrepreneurs, and many will not be affected by the changes at all. Video: using cash registers - latest changes in legislation
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