Business is scared of government amendments to the bill on equipment, which required extensive tougher penalties for trading without a Cass — including forced suspension of trading for three months. The Finance Ministry proposed measures are “completely redundant,” says an industry Association of retailers and “Support of Russia” calls these measures “draconian”.
The Finance Ministry proposes to significantly expand the list of punishments for violators of the law on the new equipment, which the state Duma adopted in the first reading and preparing for the second. The Ministry’s proposed amendments to the bill were approved by the government Commission on legislative activities in the past month and 26 April published on the government website. Among the initiatives of the Ministry of Finance is a serious toughening of punishment for non-use of cash registers by the individual entrepreneurs, shops and service businesses, which are obliged to use the cash register according to the law. The minimum penalty for officials of such organizations will be a penalty of 10 thousand rubles., but can be much longer at the rate of from a quarter to half the amount of each purchase, is not carried out through the cashier.
Fine for shops or service businesses for the same violation will range from three quarters to 100% of the purchase amount spent by cash, but not less than 30 thousand rubles, the Finance Ministry proposes. The current Code of administrative offences (Cao) punished for the same violation is much softer: a fine in the 3-4 thousand rubles for officials and 30-40 thousand for organizations whose employees broke the law on application of cash registers. Binding fines to the amount of the purchase is not conducted through the cashier, the current administrative code does not provide.
The Finance Ministry proposed measures are cruel and totally redundant, the Chairman of the Board of the Association of experts of the retail market Andrey Karpov. The goal is to force employers to rapidly switch to new POS equipment, he said. “If there will be no punishment, ever the businessman will not rush to change anything because nobody knows what the government decides after some time”, — says the expert.
A radical measure of the impact of the Finance Ministry proposes to apply to those who are repeatedly convicted of manufacturing “by” cash: individual entrepreneurs and businesses will face administrative suspension of activity for up to 90 days, and officials — disqualification for a term up to two years. Such sanctions will face in case the amount is not conducted through the cashier of the calculations of the offender up to 1 million RUB and more. Administrative suspension of activities is one of the most severe administrative punishment. The current code of administrative offences provides for it only for enterprises that threaten the life and health of people; violating legislation in the sphere of drug trafficking, money laundering, public safety, etc.
Fines for non-use of cash registers for shops and now substantial, and the administrative suspension of activities for 90 of the day is “death store”, says the President of “OPORA Russia” Alexander Kalinin. Although the violation may be admitted through the fault of the cashier, to punish according to the law can the store Manager and the store itself, adds the source . “But what’s the store?” — he is perplexed. In recent years, the Cao was made 450 changes relating to business, and were all directed on toughening of punishments, Kalinin complains. According to him, entrepreneurs complain that such pressure from auditors and Supervisory authorities, as it is now, never had before. The new proposal of the Ministry of Finance is one of these “draconian measures”, but it power nothing good will not succeed, says Kalinin.
The state is interested in the speedy introduction of the new equipment, because he wants to bring order to sales data, explains the logic of the authorities Andrey Karpov. “But implementing this technique is creaking, because the business needs to spend a decent amount of money [to replace Kass] and that you need to hold across the country,” he says. According to him, the business does not understand why he should do it, — especially the business that operates with integrity and pays taxes.
The Ministry of Finance offers entrepreneurs two ways to avoid punishment. They can be fully relieved from liability if the volunteer will write statements about their violations before they discover the tax. But if the offender is identified by the tax authorities, you will be able to claim for a penalty in the third minimum, if you plead guilty and agree to a simplified procedure (without a Protocol). In all cases, the entrepreneurs will have to fix violations of the law before the decision on the punishment.
Government bill on new equipment, submitted to the Duma in late 2015, will require businesses to use cash that online will be submitted to tax authorities information about each perfect of their operations. It is expected that with the entry into force of this document will expand the list of individuals and companies that are obliged to use cash registers. Under the law can get even self-employed citizens, which the government hopes to withdraw from the “shadow”, said Kalinin, this rule “OPORA Russia” is also not supported.