Most Russian business entities have already switched to using online cash registers. This innovation also affected individual entrepreneurs. But various tax regimes are provided for individual entrepreneurs, and the use of new-style cash register equipment largely depends on the scheme used. In addition, the need and timing of installing such a cash register are related to the type of activity of the businessman. For businessmen working on PSN, it is important to understand whether an individual entrepreneur needs an online cash register on a patent in 2021. These issues are regulated by Law 54-FZ of May 22, 2003.
Is a cash register necessary for a patent?
According to Federal Law 54, all entrepreneurs and organizations, regardless of the taxation system, must make payments using online cash registers. Some taxpayers were affected by these requirements soon after the law came into force, while others installed cash registers a little later.
CCP is a tool that allows the state to control financial and commodity turnover on the territory of the Russian Federation. Both cash and non-cash payments are made through the online cash desk. Do I need a patent for an individual entrepreneur's cash register? Let's look at this question in more detail.
Legislation on CCP
Read about changes in the use of online cash registers in 2021 here.
The main regulatory act regulating the use of cash registers is Law No. 54-FZ of May 22, 2003. Since 2017, the CCP reform has been carried out, and this document has changed a lot.
The fundamental innovations are:
- In general, companies and entrepreneurs should use online cash registers when making payments to individuals for goods, work and services in cash and non-cash. Such devices are equipped with a special memory module - a fiscal drive, which stores information in electronic form. The cash register must be connected to the Internet in order to transmit information to the Federal Tax Service. The connection is provided by the fiscal data operator, with whom you must enter into an agreement. The fiscal drive must be replaced every 1 or 3 years, depending on the activity and taxation system.
- The online cash register is used not only when accepting, but also issuing cash, when carrying out transactions with individuals using a bank card, through a current account, as well as when paying by electronic means. The rules apply not only to purchases, but also to the return of funds to the buyer, receipt and return of prepayment, provision of goods in installments or on credit, issuance of funds in exchange for accepting something (for example, scrap metal). As well as any other transactions that are in one way or another related to the acquisition of goods, works or services.
The new rules were introduced in stages. First, all subjects in the basic and simplified tax systems fell under them, then it was the turn of the rest.
At the same time, legislators have established types of activities that do not require the use of online cash registers by either individual entrepreneurs or organizations. They are listed in paragraph 2 of Article 2 of Law 54-FZ. This includes peddling and delivery trade, selling goods at fairs, selling some types of products from tanks, selling ice cream and newspapers at kiosks. There is also no need to use CCT when providing the services of tutors, nannies, caregivers and some others. Those individual entrepreneurs who rent out residential premises that they own are also exempt from the obligation to punch checks.
Requirements for the operation of online cash registers by law
Cash registers for PSN and other tax regimes do not differ from each other. Their work is subject to the same requirements prescribed in Federal Law-54. The choice of a specific model depends on the specifics of the business, financial capabilities and preferences of the businessman himself.
The requirements for cash registers are set out in Article 4 of the current law. The cash register must have a compartment in the case for installing a fiscal drive, without which the operation of the equipment is prohibited. FN performs the functions of storing, encrypting and protecting fiscal data. Its model, like the cash register itself, must be included in the appropriate state register.
A mandatory requirement is to provide access to the Internet via wireless modules (Wi-Fi, 2G, 3G) or an Ethernet interface. This is necessary for transmitting data online to the OFD, which the entrepreneur connects in advance. Information about the transaction performed is encrypted on the FN and transmitted to the fiscal data operator. After which the cash desk receives confirmation from the OFD about the accepted information. Upon request, the operator transmits information to the Federal Tax Service.
What else
Until February 1, 2021, individual entrepreneurs using PSN (with the exception of those who trade in excisable goods) may not print on the check and not transmit data on the name of the product (service, work) through the OFD. And those who use a fiscal accumulator for 13 months due to the absence or shortage of fiscal accumulators for 36 months on the market, have the right to use such a fiscal accumulator for 13 months before the expiration of the fiscal attribute key. By the way, if regulatory authorities discover that an entrepreneur does not use CCP when selling alcoholic products, then he may not be fined for this. An individual entrepreneur will be able to avoid administrative liability by concluding an agreement for the supply of a fiscal storage device within a reasonable period of time before the expiration of the EKLZ unit or before the deadline for the possibility of its use determined by the legislation of the Russian Federation on the application of cash register systems. This was reported in the letter of the Ministry of Finance of Russia dated March 27, 2017 No. 03-01-15/17554.
Sources:
- https://www.malyi-biznes.ru/online-kassa/onlain-kassa-dlya-ip-na-patente/
- https://nalog-nalog.ru/kkt_kkm_kassa/primenyaetsya_li_onlajnkassa_dlya_ip_na_patente/
- https://onlinekassa.guru/ip/neobxodimost-onlajn-kassy-dlya-ip-na-patentnoj-sisteme.html
- https://spb-kassa.ru/nujen%20li%20kassoviy%20apparat/nujen_li_kassoviy_apparat_ip_patent.html
- https://taxcom.ru/ofd/kkt_patent/
Transfer of IP on a patent for new-style cash registers
The transition to online cash registers was carried out in 3 stages. The first one started in 2021. During this period, cash registers with personal funds were installed by entrepreneurs and organizations engaged in the following areas:
- STS and OSNO - trade;
- UTII - participants in the circulation of strong alcohol.
Individual entrepreneurs with a patent continued to work without a cash register. The requirement for mandatory installation of cash registers in 2021 did not affect them.
In 2021, it's the turn of catering establishments with employees. In the same year, individual entrepreneur cash registers were installed on a patent, used in retail, with hired workers.
On July 1, 2021, all businessmen switched to online cash registers, including those providing services and performing work, as well as owners of catering establishments without employees. And some still do not use cash registers, having received a deferment.
Cash desk for individual entrepreneurs without employees
The relaxation in the form of postponing the installation of new cash desks is valid only for businessmen belonging to the listed categories and working in the patent system without employees. If during the validity period of the patent the individual entrepreneur does not conclude employment contracts, then a deferment applies to him.
But if at least one employee is hired during this time, the businessman loses the right to preference. He is obliged to install an online cash register in the next 30 days. This also applies to working through vending machines without employees.
Cash register for individual entrepreneurs on a patent: latest news
In June 2021, shortly before the last stage of the transition to a new model of cash registers, a law was passed according to which certain categories of individual entrepreneurs were allowed to work without cash registers until 2021.
Individual entrepreneurs received a deferment under PSN and other taxation regimes subject to the following conditions:
- Individual entrepreneurs who do not have hired employees;
- performing work;
- providing services;
- selling goods of their own production.
Thus, without a cash register, individual entrepreneurs were allowed to work under a patent and other taxation regimes, the activities of which meet the conditions established for the self-employed. The government has made an attempt to equalize both categories of taxpayers. Let us remind you that the pilot project for the self-employed began at the beginning of 2021 and is planned for 10 years. Despite the fact that in 2021 the list of regions covered by the experiment has expanded significantly, it does not cover all of Russia. Therefore, individual entrepreneurs whose activities are carried out in territories not included in the list cannot register self-employment. However, they can receive a deferment until July 1, 2021, by not using cash registers before that date when making payments.
PSN, catering and alcohol
PSN can be used by individual entrepreneurs carrying out business activities in the provision of public catering services through public catering facilities with an area of the customer service hall of no more than 50 square meters. m for each catering facility. This is established by subparagraph 47 of paragraph 2 of Article 346.43 of the Tax Code of the Russian Federation. Public catering services do not include services for the production and sale of excisable goods specified in subparagraph 3 of paragraph 1 of Article 181 of the Tax Code of the Russian Federation (subparagraph 13 of paragraph 3 of Article 346.43 of the Tax Code of the Russian Federation). Subparagraph 3 of paragraph 1 of Article 181 of the Tax Code of the Russian Federation recognizes as excisable goods alcoholic products (vodka, liquor, cognac, wine, fruit wine, liqueur wine, sparkling wine (champagne), wine drinks, cider, poiret, mead, beer, drinks, made on the basis of beer, other drinks with a volume fraction of ethyl alcohol of more than 0.5%.If excisable goods purchased for subsequent sale, listed in subparagraph 3 of paragraph 1 of Article 181 of the Tax Code of the Russian Federation, are sold through a public catering facility, as in the manufacturer’s packaging and packaging, and without such packaging, then such business activity relates to public catering services, in respect of which PSN may be applied. Thus, individual entrepreneurs carrying out business activities in the provision of public catering services (including the sale of purchased alcoholic beverages) through public catering facilities with an area of the visitor service hall of no more than 50 sq. m, can use PSN. The Russian Ministry of Finance clarified this in a letter dated 02/05/2015 No. 03-11-12/4619. The department provides similar explanations in letter dated May 4, 2016 No. 03-11-12/25886.
Indefinite exemption from online cash registers
Even in the first editions of Law No. 54, in Article 2, a list of types of activities was presented, when engaged in which legal entities and individual entrepreneurs are exempt from using online cash registers indefinitely.
Not only the specifics of the activity, but also the characteristics of the location are taken into account. If work is carried out in a hard-to-reach area, defined as such by law and included in the appropriate list, businessmen are exempt from the mandatory transmission of OFD data online as operations are carried out. But they still use cash registers with fiscal drives.
Please note that downloading information from the FN OFD must be carried out at least once every 30 days. Otherwise, the cash register is blocked.
How to work correctly without a cash register
All services for which a patent can be obtained, except those listed in subparagraph 2.1 of Article 54-FZ, are completely exempt from CCP. For example, this is tailoring and repair of clothing, textiles and other products, dry cleaning, dyeing of shoes and clothes, laundry services, key cutting and haberdashery, furniture repair, darkroom services, residential repairs, including plumbing and electrical work, glazing of loggias, as well as many others.
But the law has one condition for working without a cash register on a patent - this is the issuance or sending to the buyer of a document confirming the fact of the calculation. For example, you can issue a sales receipt. It should contain:
- serial number;
- requisites;
- date, time and place of settlement;
- name of goods and services;
- operation (receipt, expense, return of receipt or return of expense);
- price;
- last name, first name and patronymic of the individual entrepreneur and his TIN;
- taxation system - PSN;
- payment amount and its form (cash, bank transfer);
- position and full name of the employee who carried out the calculation.
Buy online cash register
Sources:
- https://delovoymir.biz/onlajn-kassa-dlya-ip-na-patente.html
- https://onlinekassa.guru/ip/neobxodimost-onlajn-kassy-dlya-ip-na-patentnoj-sisteme.html
- https://www.regberry.ru/malyy-biznes/nuzhny-li-onlayn-kassy-dlya-ip-na-patente-s-2019-goda
- https://www.klerk.ru/buh/articles/506897/
- https://www.spb-kassa.ru/nujen%20li%20kassoviy%20apparat/nujen_li_kassoviy_apparat_ip_patent.html
- https://www.malyi-biznes.ru/online-kassa/onlain-kassa-dlya-ip-na-patente/
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Fines for cash registers for individual entrepreneurs
For individual entrepreneurs, the same penalties apply to PSN as for other taxation regimes:
- absence of a cash register at the point of payment when it is required by law - 25-50% of the amount of transactions carried out without an online cash register (at least 10 thousand rubles);
- repeated violation (working without a cash register) - suspension of activity for 90 days;
- there is a cash register, but its operation does not meet the requirements of the law - a warning or a fine from 1.5 to 3 thousand rubles;
- failure to issue a check to a client - a warning or a fine of 2 thousand rubles.
The buyer returned the goods: what kind of receipt should an entrepreneur working on the patent system punch?
If the buyer returned the goods on the day of purchase, the individual entrepreneur at the PS must issue a return receipt (cash receipt with the sign “return of receipt”). A check with the same sign is also issued in the case when an error is discovered in the punched check in the presence of the buyer. Situations for detecting errors in a cash receipt may be the following:
- an error is discovered by the buyer when the amount reflected in the receipt exceeds the amount indicated on the price tag or the cashier overestimates the amount to be paid (by additionally including in the receipt an item not purchased by the buyer);
- an error can be detected by both the buyer and the cashier - if the check is issued for the same amount, but the actual cost of the goods is a smaller amount.
When issuing a cash receipt with the “receipt return” sign, you must consider the following:
- the details of the refund check must be identical to the receipt receipt (except for the name of the payment transaction attribute);
- after issuing a check for a refund, the individual entrepreneur at the PS must ask the cashier for a written explanation - this document will help him prove to the tax authorities the legality of issuing a refund at the cash register;
- The final procedure after punching a refund check is to issue a receipt for receipt indicating the correct amount of cash proceeds
New check format
Compared to checks printed by EKLZ machines, fiscal documents from online cash registers have an expanded list of details. The full list is given in Art. 4.7 Federal Law-54. The check also now contains a breakdown of the nomenclature. In addition to a paper check, the client can also be issued an electronic check. The online cash register with OFD provides such an opportunity. You can send the electronic version via SMS or email.
The updated format of fiscal documents, approved on March 1, 2020, mainly concerns participants of labeled goods. In 2020, individual entrepreneurs on PSN and UTII are prohibited from trading products traceable in the GIS MT “Chestny ZNAK”. If the activity is related to the trade of labeled goods, you will have to change the taxation regime to OSNO or simplified tax system.
An entrepreneur has discovered a surplus in the cash register: does the cash receipt go through?
The introduction of online cash registers is associated with the emergence of a new type of cash register receipt - a correction check. An individual entrepreneur using an online cash register on a PS is obliged to issue this check if excess cash is detected at the cash register, the formation of which is possible if:
- Having received money from the buyer, the cashier did not issue a cash receipt;
- a check with the sign “return of receipt” was mistakenly punched, although no funds were issued from the cash register;
- the amount in the cash receipt issued to the buyer is less than the actual purchase amount.
When issuing a correction check, you must consider the following:
- it must be punched at the same cash register where the error was made (cash surpluses were detected) - issuing a correction check is necessary to correct the revenue distorted as a result of the cashier’s error;
- its details will not contain certain information required for a regular cash register receipt (name, cost and quantity of goods, as well as a QR code) - the details of the correction check were approved by order of the Federal Tax Service of Russia dated March 21, 2017 No. ММВ-7-20/ [email protected] ;
- together with the correction check, draw up a supporting document (cashier’s explanatory note or statement of identified cash surpluses, containing the date, time and reason for the adjustment of cash proceeds) - with its help, the individual entrepreneur on the PS will report to the tax authorities, who have the right to request explanations for each correction check;
- to insure against a fine - after issuing an IP correction check on a PS, it is better to inform the tax authorities in writing (in the message, indicate the reason for the adjustment of cash proceeds, the calculation amount and the fact that the correction check was issued, attach a copy of the correction check).
If a shortage is detected at the cash register, the correction check will not be processed.
Buying or renting?
Anyone who has already decided on a cash register model and plans to work for a long time can buy equipment. For entrepreneurs who have recently registered, the best solution would be to rent a cash register. The service is also suitable for businessmen with limited financial capabilities, those who are not ready to invest that amount right now. Buying a cash register for a patent will cost approximately 18 thousand rubles, while renting is only 2-3 thousand rubles. per month. Of course, renting a cash register for a patent has its advantages and disadvantages. Let's look at them in more detail.
- Pros:
| + Cons:
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Indeed, renting a cash register for individual entrepreneurs is a profitable option. Taking into account the costs of purchasing a device, registering with the tax authorities, connecting the OFD and other necessary modules, setting up the device, repair costs, the cost of purchasing a new cash register if repairs are impossible, the costs of updating firmware and programs - it is much more profitable and easier to rent. If you plan to use the cash register for many years, it is still recommended to buy your own. Renting also helps you test different equipment options.
You can rent a patented cash register in 2021 from the Multikas company. The service is comprehensive. The client is provided with a cash register with a FN, already registered with the tax office, with a connected OFD. Depending on the specifics of the business, the software is installed and configured. Technical support and consulting assistance are guaranteed for the entire rental period.
How much will it cost
The cost of an online cash register consists of two types of costs: one-time and permanent. The first category includes the costs of purchasing equipment or upgrading an existing cash register. A new cash register that meets legal requirements costs from 20,000 rubles.
Upgrading means installing a module for Internet connection, a fiscal drive and a special electronic board. After these steps, the equipment will also need to be re-flashed. All these services cost an average of 25,000 rubles.
Fixed costs for an online cash register include payment for the Internet (about 1,000 rubles per month), office data services (about 3,000 rubles per year), and storage drive upgrades (about 8,000 rubles per year).
Thus, in the first year, the cost of CCP will be from 43,000 rubles, in the future - about 23,000 rubles per year. If the entrepreneur does not have an electronic signature, another 1,500-3,000 rubles will be added to the costs for its registration.
Important! In an online cash register, you need to change the drive annually, but there are also models designed for 36 months.
Which cash register is suitable for individual entrepreneurs on PSN
Organizations and individual entrepreneurs with a patent that still need a cash register will be faced with a difficult choice. How to choose a model that best suits the needs of a particular business?
Cash registers on patent
Smart terminals are cash registers with modern technical equipment and software, aimed at small and medium-sized businesses. Typically, a smart terminal is equipped with a touch screen, has a receipt printer built into the body, and may also include a battery, camera, etc. Many connectors allow you to connect everything you need: a barcode scanner, acquiring, scales, cash drawer, electronic signature, etc. The smart terminal performs tasks familiar to a cashier, but the updated software also provides considerable assistance to the business owner. For example, many manufacturers have synchronized their devices via cloud technologies with a personal account, where full control of the terminal is possible. There you can enter goods or services, edit cards and prices, add employees and monitor their work, track their effectiveness, work with the movement of goods, maintain warehouse and commodity records. You can work with procurement. The cash register transmits statistics to your personal account, which allows the smart program to identify the most popular and unpopular products, create graphs and reports. And this is not all the functionality. Features may vary depending on manufacturer and model.
Evotor 7.2 Smart terminal for small and medium businesses. Allows you to connect the most necessary equipment. Powered by network. Prints narrow format checks. It has a free cash register program with a personal account and an application store. Find out more |
Standalone devices - models with a monochrome screen (black and white), mechanical buttons, built-in receipt printer for small and micro businesses. Such cash registers are most reminiscent of old models with EKLZ, but at the same time they fully comply with the law: they connect to the Internet, work with FN, OFD, and perform data transfer. Such devices are simple and suitable for working with a limited product range (the fewer goods or services, the more convenient it is to use such a model). Devices usually do not support work with markings or EGAIS (although there are exceptions), which greatly limits their scope of application. Autonomous devices for services are optimal.
Atol 91 F Autonomous push-button cash register with a receipt printer supporting 3G, Wi-Fi, Ethernet, Bluetooth, USB connector for operation for 8 hours without recharging. Comes complete with a personal account for convenient addition of items. Find out more |
Fiscal recorders - cash registers for recording cash transactions and printing receipts, there is no input device, full operation is possible when connected to a PC, tablet or POS terminal, suitable for any type of business. FR works with the fiscal drive, prints checks, and transmits OFD data. Recorders differ in speed and print format, and the availability of interfaces.
Vicky Print 57F Universal fiscal recorder with narrow receipt printing, support for printing QR codes, USB, RS-232 and cash drawer connectors. Suitable for areas with low traffic. Find out more |
Mobile terminals - a device with a built-in battery, presented in the form of a touchscreen smart terminal. This device is suitable for outdoor trading, couriers, trading in markets, and the service sector. The small and compact mobile terminal also includes a check printing device. The printer is usually placed in the top compartment. The terminal can also be equipped with a camera and scanner for reading labels. Mobile terminals, like smart terminals, successfully use modern technologies: they have a convenient cash register program and a personal account.
MTS 5 Touch mobile terminal for operation up to 24 hours without recharging. A free cash register program is pre-installed. You can add it by connecting paid goods accounting from MTS using the subscription form. Find out more |
Cash registers with acquiring - most often this type is represented by mobile devices. Recently, terminals that accept card payments are increasingly required. This is especially true for online stores with couriers, outdoor trade and delivery services, and restaurants with food delivery. Mobile cash registers with acquiring allow you to accept cash and non-cash payments, and everything you need is included in the body of a compact cash register.
Evotor 5i A smart terminal with a touch screen allows you to accept cash and non-cash payments. The device comes with a free cash register program and a personal account. There is an application store. Find out more |
Automated systems - devices placed in a special data center that do not print paper checks and do not have input devices, connect to website platforms and allow you to accept payments through them. This system is designed specifically for online stores. After all, it is much more convenient for a website user to pay for a purchase directly on the store’s website.
Atol Online Online cash register for an online store, which is purchased as a lease. Integrates with most sites and has a personal management account. Technical support and service 24 hours. Suitable for both small and large stores. Find out more |
POS systems are a set of equipment based on a PC or terminal, a fiscal registrar and additional devices (barcode scanner, trade scales, etc.). Such sets of equipment are designed to fully equip a cashier’s workplace. POS systems are most in demand among large businesses (supermarkets, hypermarkets, stores with a large flow of customers).
Wiki Micro It is a mini-POS system consisting of a cash tablet and a fiscal registrar to choose from. Suitable for business in any field, especially for trading alcohol with EGAIS. Find out more |
In general, the selection criteria are as follows:
- a set of interfaces for connecting external devices;
- EGAIS support or the possibility of integration with the GIS MT "Chestny ZNAK" (for the circulation of alcohol or labeled goods);
- printing speed, availability of auto-cutting, depending on traffic;
- performance;
- ability to work offline due to the built-in battery;
- availability of a card reader for accepting bank cards;
- the ability to connect to your personal account for remote control and others.
A mobile cash register is worth purchasing if you carry out outdoor trading or delivery, or have a small business (can be used as a stationary portable device). In all other cases, it is more convenient to choose a stationary model.
You can install a cash register for an individual entrepreneur on a patent in 2021 with the help of the Multikas company. The catalog contains well-known equipment models from leading manufacturers. Clients have the opportunity to buy a patent cash register at an affordable price, as well as take advantage of related services. Specialists will promptly register the cash register with the Federal Tax Service, help you obtain an electronic signature in just one day, and also provide advice on any issues.
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Selecting a CCP for a patent
To choose an online cash register, you should take into account the specifics of doing business. If an entrepreneur works in the market, a model with a built-in battery and a wireless Internet connection will suit him. In a stationary store serving a small number of customers, inexpensive modifications are relevant. Entrepreneurs also have access to acquiring services, for example, from Vozrozhdenie Bank.
Important! For entrepreneurs with a patent, ready-made kits equipped with a trade automation program are convenient.
The main parameters influencing the choice of cash register are:
- Equipment throughput is the number of checks that can be processed per minute.
- Mobility - traveling trade or selling goods in an online store with payment on delivery requires the use of portable equipment.
- Internet access is a mandatory function, since all information about calculations must be transmitted to tax authorities through the OFD. However, the connection itself can be cable or wireless.
- Controls can be push-button or touch.
- The volume of the product base is the number of loaded product cards with the possibility of grouping by assortment or type.
Sellers of alcoholic beverages need cash desks with EGAIS with the UTM module. Each cash register has the functions of Internet connection and receipt printing, but there may be additional options. For example, some models allow you to scan barcodes, print price tags, monitor sales and keep records. Using the cash register, you can cancel the payment if necessary.
Important! Regardless of the type of cash register chosen by the entrepreneur, the equipment must be officially entered into the register. In the Russian Federation, the use of only such CCPs is allowed.