In the legislation of the Russian Federation, certain rules for the use of funds in non-cash and cash forms apply to business entities. There are a number of features when paying in cash. In particular, individuals who do not entrepreneurial activity, can be paid in cash without restrictions. Organizations, enterprises and other legal entities, as well as individual entrepreneurs, must follow specially developed mandatory rules.
Innovations in cash payments between organizations
The limit for settlement under one contract remained unchanged and is equal to 100 thousand rubles. Legal entities and individual entrepreneurs enjoy the right to exercise cash in domestic currency in the specified amounts, as well as in foreign or an equivalent amount at the Central Bank exchange rate at the time of the transaction.
Established restrictions
Clause 6 of Bank of Russia Directive No. 3073 lists the conditions under which the above restrictions are observed. They apply:
- in relations between participants in monetary settlements within the framework of a civil contract throughout its validity;
- When cash is issued by a bank or other credit institution in accordance with agreements on the return of balances, they are transferred to a special account with the Central Bank.
When the cash payment limit does not apply
Limits do not apply when using cash used for the following purposes:
- for the issuance of salaries and other payments from the salary fund, including social benefits;
- for consumer purposes of individual entrepreneurs that do not concern him economic activity;
- for reporting to company employees.
Changes have been made to allow unlimited use of the cash balance for individual entrepreneurs and small business representatives who are legal entities.
Calculation of the maximum amount of cash balance in the cash register
Today, calculating the cash balance limit at the enterprise's cash desk is not mandatory for small businesses. Nevertheless, in order to ensure the safety of property and for the operational management of cash flows, organizations are recommended to calculate the cash balance limit in the cash register, approve it with the appropriate order and scrupulously implement it.
The maximum amount of cash balance in the cash register is established by order of the manager and is strictly observed
Application of instructions from the Central Bank for cash payments
For companies and entrepreneurs, the Bank of Russia has determined the conditions for cash payments (Instructions No. 3210-u). The operation of the cash register, organized by management, is mandatory. Enterprises are recommended to comply with the established limits on the cash balance at the end of the working day (clause 2 of the Central Bank Instructions).
If the rules are violated, the company may lose the ability to leave cash in the cash register. To maintain cash documentation, only documents in the form established by the State Statistics Committee of the Russian Federation (Resolution No. 88) are used.
Rules for conducting cash transactions
It is required to process cash transactions using receipt and debit orders. Such documentation is maintained by an accountant or cashier of the enterprise. It is also permissible for the manager to issue orders if he is engaged in settlement transactions (clause 4.2 of the Instructions).
The enterprise clearly defines the circle of employees allowed to make cash payments (manager, accountant or cashier). They record all completed cash transactions and make sure to enter the necessary information into the cash book.
Changes in the design of cash documents
In paper format, PKO and RKO are drawn up by hand or using a special software, the signature of the responsible person is affixed personally.
Cash documents in in electronic format are issued on a computer using coding to prevent unauthorized intervention. This will prevent them from being distorted or losing important information. Placed electronic signature(Federal Law No. 63). Corrections in cash documents are not allowed.
The manager is responsible for ensuring maximum data protection to ensure reliable safety of documentation in any format.
Settlements with legal entities under agreement
Cash payments are made between legal entities on the basis of the provisions of Article 128 of the Civil Code of the Russian Federation; these relations are the object of rights. During such interactions, cash can move freely between legal entities.
In certain cases, certain restrictions may apply. The CBR Instructions state that “cash” can only be used for established rules. By decision of the company, only funds can be spent for settlements with partners, in particular, for mutual settlements with product suppliers.
For settlements with legal entities, a limit of 100 thousand rubles has been established. This limit is taken into account for each transaction under a separate agreement.
Payment procedure for legal entities and individuals
Cash payments to individuals are not limited by limits (clause 5 of the Instructions). However, it should be noted that such freedom of action applies only to relations with citizens who are not entrepreneurs (clause 1 of the Guidelines).
Establishing a payment limit for an LLC and its structural division
Organizations and enterprises have the right to carry out cash transactions between separate divisions. The transfer of money is carried out by issuing a cash receipt order according to the procedure established by the enterprise. It is also observed when receiving cash from structural divisions.
There are no limits established between the parent company and its divisions, but nothing is said about the absence of restrictions. If we are guided by clause 3 of Article 55 of the Civil Code of the Russian Federation, we can draw a logical conclusion: divisions are not legal entities, which means that restrictions do not apply to them.
How should payments be made to individual entrepreneurs?
If cash payments are made between a legal entity and an individual entrepreneur, compliance with the limit is mandatory. This is how cash flow is controlled money supply and abuses in the form of concealment of income are not allowed. Indeed, in business, the exchange of money can mean the completion of mutually beneficial transactions in which both parties receive a certain profit. The easiest way to do this is with cash, but it is almost impossible with non-cash payments.
Is the amount of payment for individuals regulated?
It is worth noting that if one of the parties to a monetary relationship is an individual, i.e., an ordinary citizen, both parties to the transaction may not comply with the settlement limit. However, the Ministry of Finance of the Russian Federation has more than once started talking about setting limits for individuals in order to control the expensive acquisitions of citizens. It is planned to set a limit on cash within 300 thousand rubles. The initiators of this innovation propose to amend Article 861 of the Civil Code of the Russian Federation, namely, a penalty in the form of a fine equal to the difference between the limit and the excess amount of revenue from the sale of goods or services.
Release from restrictions
As mentioned above, business entities are exempt from restrictions on cash transactions in a number of cases.
- Payment of wages.
- Insurance and social charges.
- Issuance of funds on account.
- For personal needs of the owner of a company or individual entrepreneur.
In addition, the Central Bank in its Guidelines names additional cases that exclude cash limits:
- transactions involving the Central Bank;
- customs, tax duties;
- loan payments.
With such a seemingly democratic attitude, the CBR Instructions contain innovations that are much more beneficial for banks, but not at all for entrepreneurs.
To use cash in cases not specified in the special list, it cannot be taken from the company’s cash desk. In the new year, you first need to deposit the required amount to the bank, and only after that withdraw the necessary cash.
Thus, the state gets the opportunity to control the flow of funds, and the Central Bank receives interest for completed transactions. As for the entrepreneur, he does not win anything, but only acquires unnecessary problems and incurs additional expenses.
Who is responsible for violating limits?
An inspection by a regulatory body may reveal violations that are defined in clause 1 of Article 15 of the Civil Code of the Russian Federation as an administrative offense. In such a situation, the party who received cash in excess of the established norm will be subject to a fine, and responsibility lies not only with the company, but also with the manager.
- The company (legal entity) will pay a fine - from 40 to 50 thousand rubles.
- Official (head of the enterprise) – from 4 to 5 thousand rubles.
The period within which claims for infringement can be brought is 2 months from the date of conclusion of the contract.
There is also a prohibition on the use of cash from funds received from sources such as loans, return of unused accountable funds.
Features of limiting cash circulation
The limit limiting the amount of cash movement is determined within the framework of the agreement concluded between the two entities.
Standards within 100 thousand rubles. must be observed in any form of agreement, regardless of the subject of the agreement (loan, payment for a service or product, supply of products).
The limit is valid throughout the duration of the contract. Even if cash payments are made in several tranches, their total amount should not exceed the established limit.
If there are additional agreements in the contract regarding the payment of compensation, fines, penalties, and penalties, they cannot be made in cash if a limited amount has already been used by that moment.
Exceeding the limit value
Going beyond the limits is only acceptable in certain cases.
- Several contracts have been concluded between business entities, then for each of them it is allowed to pay in cash for 100 thousand rubles.
- If the agreement specifies the amount of funds exceeding 100 thousand rubles, only the limit amount is paid in cash, and the balance is transferred by bank transfer.
- An individual entrepreneur is allowed to use any amount for personal purposes; no contracts or monetary transactions are needed for this: it is enough to issue a cash order for issuing money.
Responsibility for violations committed
To protect yourself from administrative liability, you must Special attention pay attention to all the details of the contract, study every clause related to the movement of cash, and only after that begin real actions.
The limits for cash payments between legal entities and individual entrepreneurs currently amount to 100 thousand rubles. At the same time, the legislation and procedures for conducting cash discipline checks at an enterprise have not changed for decades. Therefore, to avoid penalties, it is enough to carefully study regulations Bank of Russia regarding the procedure for working with cash and not exceeding the payment limits established by law.
In cash with other organizations and entrepreneurs, established by the Bank of Russia in Directive No. 3073-U dated October 7, 2013 “On making cash payments.” This document replaced the Directive of the Bank of Russia dated June 20, 2007 No. 1843-U.
In general, the procedure for spending cash from the cash register is now clearer. The table will help you quickly determine what amounts are allowed to be paid without complying with the limit and from the proceeds.
What can you spend cash on?
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Pay |
Is it possible to issue (pay) from cash proceeds? |
Is it possible to issue (pay) more than 100,000 rubles. |
|---|---|---|
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Settlements with employees |
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Salaries and employee benefits |
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Issuance of cash on account |
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Settlements with counterparties |
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Payment for goods (except for securities), works, services |
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Payment of money for returned goods (uncompleted work, unrendered service), previously paid in cash |
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Payment of money for returned goods previously paid by bank transfer |
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Loans, repayment of loans and interest on them |
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Dividends |
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Real estate payments |
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Cash entrepreneur |
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|
Money for personal purposes not related to running a business |
Let's look at the basic rules for cash payments.
Rule No. 1: limit of 100,000 rubles. obligatory for all parties to the contract
The limit for cash payments is 100,000 rubles. under one contract. The maximum amount must include the total amount of cash payment for one transaction. Even if one party to the contract transfers money to the other in parts. For example, a buyer pays for a product in installments.
In the rule about the need to conduct cash payments within the limit, there is the concept of “participants in cash payments.” They are considered to be any legal entities and entrepreneurs. All of them have the right to pay in cash within the framework of one agreement only within the limit (clause 6 of Directive No. 3073-U).
For exceeding this limit, a fine of up to 50,000 rubles is provided. (Article 15.1 of the Code of Administrative Offenses of the Russian Federation). Administrative for over-limit payments. Participants in cash payments are both parties to the agreement. So the tax authorities have the right to fine both the one who received more than 100,000 rubles and the one who paid the excess amount for exceeding the limit.
WITH individuals companies and entrepreneurs can pay in cash without any restrictions on amounts. For example, any cash amount can be paid to a private contractor for work or service, or received as a loan from an employee or founder. This is directly permitted by paragraph 5 of Directive No. 3073-U.
Rule No. 2: limit 100,000 rubles. valid regardless of the contract term
Payments under one agreement are settlements for obligations stipulated by the agreement, which are fulfilled both during the validity period of the agreement and after its expiration (clause 6 of Directive No. 3073-U). Thus, the limit must be observed even when transferring and receiving cash under a contract that has expired.
Example
Two companies providing services for a period of two months (May-June). The contract price is 150,000 rubles. According to the terms of the contract, the contractor issues a certificate for the services provided and an invoice, which the customer must pay no later than June 30. The customer was late with payment: he was able to pay for the services only on July 10. And although the contract has already expired, the customer has the right to deposit cash only in the amount of 100,000 rubles. And 50,000 rubles. must be transferred by bank transfer. For violation, tax authorities can fine not only the customer, but also the contractor.
Rule No. 3: any amount can be reported from proceeds
From cash proceeds, you can issue a report in any amount. Limit of 100,000 rubles. in this case it has no effect. This is now directly stated in paragraphs 2 and 6 of Directive No. 3073-U.
As for compliance with the limit of 100,000 rubles, the Bank of Russia previously explained the following. If an employee spends accountable expenses on a business trip, then there is no need to adhere to the limit when paying for housing and travel. If the accountant’s expenses are not related to a business trip, for example, he buys office equipment for the company, then under one agreement you can pay in cash only up to 100,000 rubles. (letter dated December 4, 2007 No. 190-T).
The current rules do not directly say that a posted employee has the right to spend cash without taking into account the limit. And letter No. 190-T clarifies the norms of the previous, and not the new, Directive of the Central Bank of the Russian Federation. Therefore, it is safer for an employee to pay for each such agreement only within the limit while on a business trip. Otherwise, there is a risk that tax authorities will fine you up to 50,000 rubles for spending above the limit. (Article 15.1 of the Code of Administrative Offenses of the Russian Federation).
Rule No. 4: You cannot issue loans and pay rent from the cash register.
Paragraph 4 of Directive No. 3073-U provides a list of transactions for which the company and entrepreneur can pay exclusively with cash withdrawn from the current account. You cannot use cash proceeds directly from the cash register. This list includes payments for lease agreements, loans, as well as for organizing and conducting gambling.
This restriction applies not only to settlements between companies, entrepreneurs, or a company and an entrepreneur. This also applies to their settlements with individuals.
In this case, the limit is 100,000 rubles. must be observed only under agreements concluded either between two companies, or between a company and an entrepreneur, or between two entrepreneurs. If one of the parties to the agreement is an individual, then the limit does not apply (clause 5 of Directive No. 3073-U). Let's take a closer look at the rules on rent and loans.
Rent. To pay cash for renting real estate, you need to withdraw it from your account. The company has no right to use proceeds from the cash register. Moreover, regardless of who the contract was concluded with - with another organization, with an entrepreneur or with a private individual.
Companies and businessmen must comply with this rule regardless of whether they pay rent in cash or, for example, pay off fines and penalties or make a deposit. In addition, the restriction applies to both tenants and landlords. In most cases, the tenant pays in cash when he makes a payment for the use of the property to the landlord's cash desk. But another option is also possible. For example, the landlord may return the overpayment under the contract to the tenant. To do this, you also need to use cash withdrawn from the account. Indeed, in Directive No. 3073-U we're talking about about all operations under the lease agreement.
At the same time, this restriction does not apply to rentals. A company that rents, for example, a car, has the right to repay the next payment from cash proceeds. It is not necessary to first deposit it into your account and then withdraw it in order to pay.
Loan. The ban on the use of cash proceeds from the cash register applies to both the issuance of loans and their repayment and interest payments. That is, it concerns both parties to the contract - both the lender and the borrower. In addition, the ban on spending proceeds applies not only to contracts concluded between two companies or a company and an entrepreneur, but also to contracts signed with an individual. This could be, for example, a founder who gave a loan to his company. Or who, on the contrary, received a loan from the organization. It also does not matter what kind of loan was received or issued - interest-bearing or interest-free.
Rule No. 5: The individual entrepreneur has the right to take at least all the proceeds from the cash register
Entrepreneurs have the opportunity to withdraw proceeds from the cash register without any fear. In order to spend the proceeds on his personal purposes, a businessman does not need to first deposit them and then withdraw them from the account. The issuance of money to an entrepreneur for personal needs not related to his activities is now directly named in the list of purposes for which proceeds from the cash register are allowed to be spent (clause 2 of Directive No. 3073-U).
There are also no restrictions on the amount - the entrepreneur has the right to withdraw all accumulated cash proceeds from the cash register. The limit for this operation is 100,000 rubles. does not apply.
A businessman does not risk anything if he receives from the cash register all the cash that is there, including proceeds from goods sold. The main thing is to write in the consumables that the money was given to the entrepreneur for personal needs.
What is the current cash payment limit and how to reflect exceeding the limit in accounting.
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Cash payment limit
The maximum amount for cash payments is 100,000 rubles. This restriction applies to cash payments:
- between organizations;
- between an organization and an individual entrepreneur;
- between individual entrepreneurs.
Settlements with the participation of citizens are carried out without limiting the amount. That is, a company or entrepreneur has the right to receive or transfer cash amounts to citizens without restrictions and not to comply with the cash payment limit.
What is not covered by the cash payment limit?
Cash can be spent without restrictions in the following cases:
- payments wages;
- payment of social charges;
- issuing money on account;
- spending funds on the personal needs of the entrepreneur, provided that the payment will not be directed to his business activities.
On one cash day, it is allowed to carry out transactions with the same counterparty in the amount of more than 100 thousand rubles. For example, when paying under several agreements no more than 100 thousand rubles per agreement on one day. This follows from paragraph 6 of the instruction of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U. Quote: “Cash payments in Russian currency and foreign currency between participants in cash payments within the framework of one agreement concluded between these persons.”
If the subject of the contract and all other conditions remain the same in other contracts, then there is a high probability that the court may recognize such contracts as “one contract”.
Penalty for violating the cash payment limit requirement
If a legal entity or individual entrepreneur exceeds the amount of 100,000 rubles under one agreement, then this is considered a violation of the procedure for working with cash. For this, a fine is provided under Article 15.1 of the Code of Administrative Offenses of the Russian Federation. For organizations, its amount ranges from 40,000 to 50,000 rubles. For a responsible employee (official) - from 4,000 to 5,000 rubles. Inspectors have the right to hold an organization accountable within two months from the date of violation (part 1 of article 4.5 and subsection 6 of part 1 of article 24.5 of the Code of Administrative Offenses of the Russian Federation).
According to the Code of Administrative Offenses of the Russian Federation, administrative liability is provided for exceeding the cash payment limit. And for both buyers and sellers. Cases related to violation of the cash payment limit are considered by tax inspectorates (Article 23.5 of the Code of Administrative Offenses of the Russian Federation). The tax office has the right to fine both the buyer and the seller. Because participants in cash payments are both the payer and the recipient, which means that both are responsible for the violation (Article 15.1 of the Code of Administrative Offenses of the Russian Federation).
We recommend the express course of Kontur.School "". The training will help you put your documents in order when working with cash register systems, including when using online cash registers, and work correctly with the cash limit. You can establish error-free work with cash register equipment and strict reporting forms, draw up a local regulatory act on cash discipline that will help you pass inspections without fines.
Cash payments between legal entities are limited. Most companies prefer to pay their counterparties non-cash, transferring money from one account to another, but in some cases it is appropriate to do so in a different way. Let's talk about the restrictions in force in 2019.
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Legislation
The Civil Code of the Russian Federation calls paper money a separate legal object (Article 128), they have free circulation on the territory of Russia, and restrictions can only be introduced by introducing instructions, laws and other acts.
Cash transactions are transactions carried out upon transfer paper bills. Banks are not involved in this process, but the process is recorded using a cash register.
Such payments are made in accordance with the Directive of the Bank of Russia No. 3210-U dated 2014. Government bodies oblige all enterprises to have a cash register and use it in accordance with established rules.
To maintain cash register records, it is assigned responsible person, which should familiarize itself with the above document, since violation will entail penalties. Keeping cash register records is regulated by Federal Law No. 54 of 2003.
Thus, when making payments to individuals, all entrepreneurs and organizations are required to issue one of the following documents:
- strict reporting form (SSR);
- cash receipt.
The amount of the check is not limited if it is issued to an individual.
If the client does not ask for a check, this does not deprive the legal entity of the obligation to issue it.
When setting the limit, the Bank of Russia took into account the currency in which settlements were made. In general, the regulator does not restrict the movement of foreign currency and allows settlements to be made in it. In practice this rarely happens.
What are the restrictions?
First of all, the targeted spending of funds received by the cash desk of individual entrepreneurs and legal entities for services, work, and goods sold is limited.
It is prohibited to spend them on purposes other than:
- payment of wages, maternity leave and sick leave to employees;
- issuing accountable funds to employees (for example, for travel allowances);
- refund for undelivered goods or unprovided services;
- payment for goods and services.
These restrictions are specified in paragraph 2 of the corresponding instructions of the Central Bank of the Russian Federation. That is, organizations are free to spend their own funds on their own obligations.
Entrepreneurs must only remember that expenses for personal needs are limited as follows: they require registration as taxable income.
Let's give an example: an individual entrepreneur takes money from the cash register, which he will spend on personal needs. In this case, the cashier issues withdrawal slip, issues funds, and the entrepreneur pays personal income tax on the specified amount.
Operations that must be carried out only using funds received at the cash desk when withdrawn from the current account:
- under lease agreements;
- for organizing gambling;
- when issuing loans;
- when purchasing securities.
A limit has also been set for cash payments between legal entities in 2019.
The amount is limited to settlements within one agreement:
- 100 thousand Russian rubles;
- an amount in foreign currency equivalent to 100,000 rubles. at the exchange rate of the Central Bank of the Russian Federation on the date of the transaction.
If the operation involves issuing or receiving a loan, the rule remains unchanged.
It is appropriate to conclude agreements between legal entities for different transactions. Inspection authorities can examine the subject of contracts if they are concluded between two identical legal entities. Sanctions will not be long in coming if the item in them is identical to another.
Firstly, the transaction can be considered formal. Secondly, the tax authority may begin an audit due to concealment of overvaluation. As a result, the legal entity will be punished with a fine.
Another case: the movement of cash between the main enterprise and its branches and structural divisions. When issuing money, the cashier issues a debit order established form. In this case, operations are not limited in any way, as stated in paragraph 6 of the Directive of the Central Bank of the Russian Federation.
Limits do not apply to calculations:
- with the customs service;
- with the Federal Tax Service;
- with banks in accordance with the law.
Particular attention should be paid to cash management documents. They were approved by the State Statistics Committee of Russia back in 1998 (Resolution No. 88).
The list includes:
| № | Title of the document | Unified form | Document Page Format |
| 1. | Cash receipt order | KO-1 | A5 |
| 2. | Cash receipt order | KO-2 | A5 |
| 3. | Journal of registration of cash documents | KO-3 | A4 |
| 4. | Cash book | KO-4 | A4 |
| 5. | Accounting book for outgoing and incoming cash | KO-5 | A4 |
| 6. | Inventory report | INV-15 | A4 |
| 7. | Inventory inventory of securities | INV-16 | 2A4 |
In addition to the responsible cashier, the fulfillment of cash accounting obligations is monitored by the chief accountant and the head of the organization (division). The participation of other employees in processing paperwork and tracking cash flow is not permitted.
Let's talk about how the limit rules work within one contract:
- if payment is made in installments, the total amount should not exceed 100,000 rubles;
- the duration of the contract does not matter, even if it is concluded for several years;
- It is also considered a violation to transfer cash through a trusted person;
- the subject of the agreement does not play a role in concluding the transaction;
- if the amount paid for services or goods is 100,000 rubles, then all penalties, penalties, additional payments and compensation under the contract can only be transferred to the counterparty’s bank account;
- When drawing up an agreement, bank details must be indicated, even if payments are made only in cash.
The propagation of restrictions is a special topic that requires explanation.
Who does it apply to?
The Directive of the Bank of Russia, according to which cash flows are recorded, stipulates who specifically is subject to the above-described restrictions.
The table indicates the presence and absence of a limit when carrying out transactions between various participants:
In this case, legal entities and individual entrepreneurs formalize the transaction as follows:
- if they are a seller, issue a check every time they accept cash, including to individuals and legal entities;
- if they are buyers, issues a power of attorney for the employee responsible for the transaction to identify the company.
If cash is accepted at the cash desk, a receipt order is issued and the cash book is filled out.
Remember, concluding several contracts into one with cash payment is absolutely legal, it is unacceptable if they describe the same item with the same counterparty.
Responsibility for violation
Failure to comply with the rules and violation of the law is subject to a fine in accordance with Article 15.1 of the Code of Administrative Offenses of the Russian Federation. The tax service monitors compliance with the Directive of the Central Bank of the Russian Federation.
It doesn't matter when the violation was discovered. No more than two months should pass from the moment of concluding a transaction in which a violation of the law is traced.
Fines are set in the following amounts:
If a violation is detected, a fine will be simultaneously imposed on both one and the other side of the transaction. At the same time, it is not divided into two. This rule is also written down in Article 15.1 of the Code of Administrative Offenses of the Russian Federation.
Compliance with laws and thorough knowledge of regulatory framework- the primary task of responsible officials, including managers.
1. In connection with this, the procedure for making cash payments has changed.
2. What has changed in the procedure for cash payments? in cash and what points to pay special attention to.
3. What legislative and regulatory acts regulate the procedure for cash payments (with the opportunity to familiarize yourself with these documents).
Effective from June 1, 2014 new order cash payments, approved by the Directive of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U “On cash payments.” With the adoption of this document, the previously applied Directive of the Bank of Russia dated June 20, 2007 No. 1843-U “On the maximum amount of cash settlements and the expenditure of cash received at the cash desk of a legal entity or the cash desk of an individual entrepreneur.” So, let's look at what changes have occurred in the rules for cash payments by legal entities and individual entrepreneurs since June 2014.
Comparison of the “old” and “new” cash payment procedures
In order to understand what innovations have occurred in the procedure for cash payments since June 1, 2014, I propose to compare the provisions of the Instruction of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U, which entered into force, with the provisions of the previously effective Instruction of the Bank of Russia dated June 20. 2007 No. 1843-U.
|
Provisions that have changed |
New procedure, effective from 06/01/2014. (Instruction No. 3073-U) |
The procedure is valid until 06/01/2014. (Instruction No. 1843-U) |
| 1. The purposes for which individual entrepreneurs and legal entities have the right to spend cash received in their cash registers for goods (work, services) sold, as well as received as insurance premiums |
(Clause 2 of the Directive of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U) |
(Clause 2 of Bank of Russia Directive No. 1843-U dated June 20, 2007) |
| 2. The maximum amount of cash payments between participants in cash payments (legal entities, individual entrepreneurs) | Cash payments in foreign currency Russian Federation and foreign currency between participants in cash payments within the framework of one agreement concluded between these persons may be made in an amount not exceeding 100 thousand rubles or an amount in foreign currency equivalent to 100 thousand rubles at the official exchange rate of the Bank of Russia on the date of cash payments.Cash payments are made in an amount not exceeding the maximum amount of cash payments in the fulfillment of civil obligations provided for in an agreement concluded between participants in cash payments, and (or) arising from it and executed as in the period of validity of the contract and after its expiration. (clause 6 of the Directive of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U) | Cash payments in the Russian Federation between legal entities, as well as between a legal entity and a citizen carrying out business activities without forming a legal entity, between individual entrepreneurs related to their business activities, within one contract concluded between these persons may be made in an amount not exceeding 100 thousand rubles. (Clause 1 of Bank of Russia Directive No. 1843-U dated June 20, 2007) |
| 3. Restrictions on payments from the cash register of legal entities and individual entrepreneurs when making payments for certain transactions | Cash payments in the currency of the Russian Federation between participants in cash payments (subject to the maximum amount of cash payments), between participants in cash payments and individuals for transactions with securities, under real estate lease agreements, for the issuance (repayment) of loans (interest on loans), activities related to organizing and conducting gambling are carried out at the expense of cash received at the cash desk of the participant in cash payments from his bank account. (clause 4 of the Directive of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U) | Not installed |
Changes in the procedure for cash payments from June 1, 2014.
Now let’s look in more detail at each change in the procedure for cash payments from June 1, 2014.
1. Purposes for which it is permitted to issue cash from the cash register
The issuance of cash for the personal needs of an individual entrepreneur is officially enshrined in the new Directive of the Central Bank of the Russian Federation No. 3073-U as one of the permissible purposes for spending cash received at the cash desk for goods, works, and services sold.
Let me remind you that the previously effective Directive No. 1843-U did not contain direct permission for the payment of funds from the cash register for the personal needs of an individual entrepreneur, however, a ban on such payments was also not established. In this regard, doubts arose about the legality of issuing cash for the personal needs of an individual entrepreneur. The new Directive of the Central Bank of the Russian Federation “On cash payments”, effective from 06/01/2014, eliminates these doubts and clearly allows individual entrepreneurs to issue cash for personal needs not related to business activities.
In addition, the new procedure for cash payments specifies payments from the cash register to employees: payments included in the wage fund and social payments, as well as the issuance of cash on account. Previously, in addition to wages, stipends and travel allowances, “other payments to employees” were indicated, which caused discrepancies.
2. Limit amount for cash payments
The maximum amount of cash payments between participants in cash payments (legal entities and individual entrepreneurs) has not changed and remains equal to 100 thousand rubles within the framework of one agreement. However, the Directive of the Central Bank of the Russian Federation, in force since June 1, 2014, clarifies that this restriction applies both during the validity period of the contract and at the end of the contract. For example, if the contract establishes a validity period, and at the end of the validity period the buyer (customer) has outstanding accounts payable, then the payment of this debt will also be subject to a limitation on the amount of cash payments.
! Note: Both the recipient and the payer of funds must comply with the established limit for cash payments. In this case, the limit applies to all payments within the framework of one agreement and does not matter:
- Type of contract. That is, the maximum limit for cash payments must be observed both in relation to payments under the loan agreement and in relation to payments under the contract for the supply of goods.
- The term of the contract and the payment procedure for it. For example, when making cash payments under a lease agreement, the amount of all lease payments should not exceed 100 thousand rubles, even if each payment individually is less than this amount. At the same time, it is allowed to make payments under different contracts within one day, each of which is less than 100 thousand rubles, even if the total amount of such payments exceeds the maximum amount for cash payments.
- Type of obligation: provided for by the contract, an additional agreement thereto, or arising from the contract. For example, it is impossible to pay a penalty under a contract in cash if, together with the principal amount of the contract paid in cash, it exceeds 100 thousand rubles.
- Payment method: through the cash register or through an accountable person.
! The limitation on the maximum amount of cash settlements is established in relation to settlements between participants in cash settlements who are legal entities and individual entrepreneurs. At the same time, in accordance with clause 5. Directive of the Central Bank of the Russian Federation No. 3073-U, cash payments in the currency of the Russian Federation and foreign currency between participants in cash payments and individuals are carried out without limiting the amount.
That is, if an organization or individual entrepreneur has entered into an agreement with an individual, for example, for the rental of property, then the limitation on the maximum amount of cash payments (100 thousand rubles) will not apply to payments under such an agreement.
3. Requirements for the procedure for payments from the cash desk for individual transactions.
Directive of the Central Bank of the Russian Federation No. 3073-U, which came into force on June 1, 2014, introduces a restriction on cash payments from the cash register. Certain types of settlements can be carried out exclusively at the expense of money received at the cash desk from the current account:
- on transactions with securities,
- under real estate lease agreements,
- on issuance (repayment) of loans (interest on loans),
- on the activities of organizing and conducting gambling.
This restriction applies to settlements carried out both by legal entities and individual entrepreneurs, and with the participation of individuals. For example, under a real estate lease agreement with an individual, the tenant, who is an organization or individual entrepreneur, can pay rent in cash only if they are withdrawn from the current account.
Responsibility for violations of the cash payment procedure
According to Art. 15.1 of the Code of Administrative Offenses of the Russian Federation “violation of the procedure for working with cash and the procedure for maintaining cash transactions, expressed in the implementation of cash settlements with other organizations in excess established sizes..." entails the imposition of an administrative fine:
for officials in the amount of 4,000 to 5,000 rubles;
for legal entities - from 40,000 to 50,000 rubles.
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Legislative and regulatory acts
1. Directive of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U “On cash payments”
2. Directive of the Bank of Russia dated June 20, 2007 No. 1843-U “On the maximum amount of cash payments and the expenditure of cash received at the cash desk of a legal entity or the cash desk of an individual entrepreneur”
3. Code of Administrative Offenses of the Russian Federation
Find out how to read the official texts of these documents in the section
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