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mg52017-07-06 23:14:54
Payment systems
mg5, 2017-07-06 23:14:54

If you worked without a cash desk, can you work without an online cash desk until July 1, 2018?

In accordance with paragraph 9 of Article 7 of Federal Law No. 290-FZ
In the event that organizations or individual entrepreneurs, in accordance with Federal Law of May 22, 2003 N 54-FZ "On the use of cash registers in cash settlements and (or) settlements using electronic means of payment" (as amended prior to the date of entry into force of this Federal Law) have the right not to use cash registers, such a right remains with them until July 1, 2018 .
base.garant.ru/71435364/#block_79
Question:
IP, simplified, 6%.
There is a website, payments for services are accepted (publication of an ad on the website) through Robokassa and are withdrawn to the current account of the individual entrepreneur.
Do I understand correctly that if earlier I was not supposed to use the cash register (CRE), then I retain the right not to switch to the online cash register until July 1, 2018?
UPD. Most likely, we are talking about IP payers of the single tax on imputed income (UTII) and applying the patent system of taxation. But then the question arises, why can't I interpret this paragraph of the law for my conditions?
UPD2. Another comment from Garant confirms my version:
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Source: base.garant.ru/12130951/#friends
UPD3. And a comment from Elba:
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Source: https://e-kontur.ru/blog/15634
UPD4.
The answer to a question similar to mine was given by Andrey Vladimirovich Budarin, head of the Operational Control Department of the Federal Tax Service of Russia:
Question from the audience:
Do we understand correctly that if an organization, on a simplified taxation system, there was no need to apply CCP, because earlier, she issued invoices to individuals for "non-cash" and earlier they were considered clearly "non-cash", but now, due to changes in legislation, these payments are treated as ESP, can we use the benefit provided by 290 FZ and purchase an online cash register from July 1 2018?
Answer A.V. Budarin (FTS of Russia): DEFINITELY YES .
Source: https://its.1c.ru/video/lector20170622-1.3
Watch from 52 minutes 50 seconds.
A little further (at the 54th minute) A.V. Budarin adds:
The whole article 7, 290 FZ, it’s just about if you didn’t have an obligation (to use CCP) before - at the age of 18, if you had an obligation - at 17, here. It's a very simple design...

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3 answer(s)
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mg5, 2017-07-07
@mg5

Here I found the answer: searchengines.guru/showpost.php?p=15131033&postcou...
According to Article 2. 54-FZ as amended on 03/08/2015:
Cash register equipment included in the State Register is used on the territory of the Russian Federation in mandatory by all organizations and individual entrepreneurs when they carry out cash settlements and (or) settlements using payment cards in cases of sale of goods, performance of work or provision of services.
There was no talk of distance trading in the previous version of the law.
2. Letters of the Ministry of Finance of 28.08.2009 N 03-01-15/9-432, of 09.06.2009 N 03-01-15/6-293, Letter of the Federal Tax Service of Russia for Moscow of 24.04.2012 N 17-26 /[email protected] it was confirmed that if cash payments in payment for goods made by buyers in an online store from the organization's website are carried out on the Internet with subsequent transfer of funds to the settlement account of a trade organization, then the trade organization does not need to use cash registers , since the proceeds when the buyer pays for the goods under agreements concluded through an online store using the official website on the Internet, does not go to the cash desk of the organization, but to its current account in the order of non-cash receipts of funds.
Thus, before the entry into force of the latest version of 54-FZ, those who receive payment through payment aggregators to their current account did not have the obligation to use CCP .
This means that for those who accept payments only on the Internet and at the same time the proceeds go to their current account, they can start using CCP only from July 1, 2018 .

U
un1t, 2017-07-07
@un1t

54-fz.ru/kto-dolzhen-primenyat-kkt

A
Alexander Mineev, 2017-07-08
@itvsem

If you are an individual entrepreneur and worked without a cash register, then work without it until 2018.
Don't worry. All right.

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