What are the payment methods?

How is the cash limit regulated?

The state, represented by the Central Bank of Russia, has set a limit on cash payments. The regulatory act on the basis of which the law determines the procedure for settlements is Directive of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U. This document replaced the previous Instruction No. 1843-U dated June 20, 2007, with some significant changes made to it.

But the maximum limit for settlements using cash has not changed - within the framework of one agreement between the parties to the settlement it is 100,000 rubles. (or the corresponding amount of currency, according to the current Central Bank exchange rate).

NOTE! The prohibition on exceeding this figure applies regardless of whether you pay or receive money. But if violations are detected, the party receiving the excess cash is considered responsible.

Don't forget about restrictions

First, remember the cash payment limit. It amounts to 100 thousand rubles. within the framework of one agreement. 6 Instructions of the Central Bank No. 3073-U. If the tax authorities discover a violation of the limit within the next 2 months. 1 tbsp. 4.5 of the Code of Administrative Offenses of the Russian Federation, both parties to the settlement are punished with a fine. 1 tbsp. 15.1 Code of Administrative Offenses of the Russian Federation.

Secondly, check what you are paying for and with what money. Cash proceeds and other cash receipts can be used to pay for goods, works, and services. But for settlements under a real estate lease agreement, for the issuance and repayment of loans and interest on them, you are required to withdraw cash from your current account. 4 Instructions of the Central Bank No. 3073-U.

Thirdly, if we are talking about issuing an advance payment from the cash register for an upcoming delivery, keep in mind that the Ministry of Finance once spoke out against the deduction of VAT from advance payments paid in cash. 2 Letters of the Ministry of Finance dated March 6, 2009 No. 03-07-15/39. The courts, however, do not agree with this. Resolution 18 of the AAS dated 05/03/2011 No. 18AP-3563/2011.

If your agreement with the supplier does not provide for cash payment, then this is not an obstacle to giving money to the representative who came with a power of attorney. After all, the power of attorney issued by the supplier to receive cash is essentially an offer to change the payment method specified in the contract, and the consent of your management to pay for the delivery from the cash register is an acceptance of this offer.

Limited settlement participants

Who does this restriction on accepting and transferring cash apply to? You cannot transfer amounts exceeding the one hundred thousand limit between:

• legal entities;
• organizations and private entrepreneurs;
• individual entrepreneurs (IP).

Individuals can exchange cash without restrictions. The settlement of enterprises with individuals without business registration is also not limited.

LET'S SUMMARY : the table shows couples in whose employment relationships a cash limit is or is not mandatory.

Nearest forecast

In order to make transparent control over expensive purchases of ordinary citizens (real estate, cars, jewelry), the Russian Ministry of Finance took the initiative to set a maximum amount for cash payments between individuals. The amount for cash payments under one agreement between individuals is planned to be 300,000 rubles. The changes that are going to be made to Article 861 of the Civil Code of the Russian Federation also provide for punishment in the form of a fine in the amount of the exceeded limit. It was planned that the changes would come into force from the beginning of 2016, however, this project has not yet been considered by the State Duma.

When can you not think about the limit?

The established limits on the amount of cash do not apply:

• when paying wages;
• for social charges, insurance payments;
• when issuing accountable funds;
• for personal expenses of the business owner, money for which is taken from the cash register.

The Central Bank Directive also provides additional types of settlements where you don’t have to worry about the cash limit:

• operations with the help of the Bank of Russia;
• customs payments, taxes and fees;
• loan payments.

IMPORTANT INFORMATION! The new edition of the Central Bank Directive contains an innovation that plays into the hands of banks, but is not entirely pleasant for entrepreneurs. You cannot take cash from the cash register for purposes not mentioned in the special list: you first need to deposit the proceeds in the bank, and then take the required amount from there. In this case, the bank will receive interest for both operations, the state will receive additional control over the movement of funds, and the entrepreneur will receive another complication. However, “Dura lex sed lex” (“The law is harsh, but it is the law”).

If the cash desk of an enterprise or individual entrepreneur received amounts not from their current account, but from other sources (revenue, loans, return of unused accountable funds, etc.), then take cash from this money for settlements not included in the list of the Central Bank, not allowed.

Scope of one agreement

An important clarification regarding the cash limit is that it cannot be exceeded within the framework of one contract.

A contract is a document of agreement between persons (legal and/or natural) about certain actions intended to establish, terminate or change certain rights and obligations of the parties.

The amount of transactions for each such document cannot exceed 100,000 rubles, and the specifics of its conclusion are not taken into account.

1. Type of contract . It doesn’t matter what the agreement is about - a loan, supply of goods, payment for services - the declared value for payment in cash cannot be more than the limited value.
2. Terms of the contract . Even if the contract involves a long settlement, the specified amount cannot be exceeded.
3. Frequency of payments . Installment plans or other cash payments, divided according to the agreement into several parts, each of which is less than the limit, will not be legal if their amount exceeds 100,000 rubles.
4. Additional obligations . If the contract has an additional agreement or obligations arising from it, for example, penalties, fines, penalties, compensation, they cannot be paid in cash if payment has already been made under this agreement for a limited amount.
5. Decor . One document or exchange of papers between the parties does not matter, the total obligations cannot exceed one hundred thousand in cash.
6. Method of calculation . Will an authorized person bring the money, will it be issued at the cash desk - more than 100,000 rubles. “in one hand” is not issued.

How to include cash with prepayment in a contract

Contract time.

13.1. This Agreement comes into force on “___”________ ____ and is valid until “___”________ ____.

13.2. If by the specified time the parties have unfulfilled obligations arising from this Agreement, the term of the Agreement is extended until they fully fulfill their obligations under this Agreement or until this Agreement is terminated.

13.3. The Agreement may be terminated early by agreement of the parties or upon the expiration of ____ days from the date one of the parties submits an application for termination of the Agreement, provided that the parties fully fulfill their obligations under this Agreement.

ADDITIONAL TERMS

LEGAL ADDRESSES

Provider: ______________________________________________________________

Buyer: _____________________________________________________________

SIGNATURES OF THE PARTIES

Supplier: Buyer: _____________/_____________ _____________/______________ M.P. M.P.

Comments:

You are mistaken in thinking that it is not defined anywhere how the limit for cash payments is considered - within one agreement or within one day. The Central Bank Directive No. 1843-U dated June 20, 2007 clearly states: the maximum amount of cash payments, which is currently equal to 100,000 rubles, is valid within the framework of one agreement concluded: (or) between organizations; (or) between entrepreneurs; (or) between organizations and entrepreneurs. In this case, the type of agreement (purchase and sale, loan, lease, etc.), its validity period and the number of settlement documents (one or more) for it do not matter <p. 2 Appendix to the Letter of the Central Bank dated December 4, 2007 N 190-T>. Prohibition on cash payments over 100,000 rubles. applies to obligations <p. 2 Official explanations of the Central Bank dated September 28, 2009 N 34-OR>: (and) provided for by the agreement, as well as arising from it; (and) executed both during the period of validity of the contract and after the expiration of its validity. When selling goods for cash to ordinary citizens who are not entrepreneurs, the 100 thousand limit does not apply. However, in such calculations it is necessary to use CCT <p. 1 tbsp. 2 of the Law of May 22, 2003 N 54-FZ>. Therefore, if you do not have a cash register, then in a situation, for example, with the sale of a company car to an individual, the easiest and safest way is to ask the buyer to transfer payment to you by bank transfer, through a bank. For exceeding the cash payment limit, an administrative fine is imposed by the tax authorities. 1 tbsp. 15.1, part 1 art. 23.5 of the Code of Administrative Offenses of the Russian Federation>: (i) for organizations - from 40,000 to 50,000 rubles; (and) for their managers, as well as entrepreneurs - from 4,000 to 5,000 rubles. And it is unlikely that the tax authorities, having discovered this violation in your case, will miss the opportunity to fine you. But they can do this only within 2 months from the day when the “extra-limit” calculations took place. 1 tbsp. 4.5 Code of Administrative Offenses of the Russian Federation>. Note. By the way, not only the payer, but also the recipient of “extra-limit” cash can be held liable <see, for example, Resolution 2 AAS dated May 18, 2011 No. A28-866/2011, 18 AAS dated April 8, 2011 N 18AP-2577/2011 , FAS VVO dated November 30, 2010 N A28-2959/2010>.

If you are nevertheless fined and you decide to challenge the sanction, then in court you can try to refer to the insignificance of the offense committed <Art. 2.9 Code of Administrative Offenses of the Russian Federation>. If the court agrees with this, you will get off with an oral reprimand <Resolution 20 AAS dated July 18, 2012 N A62-2814/2012>. Note. It is interesting that there are courts that believe this: failure by an organization to comply with the one hundred thousand dollar limit when making cash payments to entrepreneurs does not entail liability.

Options for allowed combinations

It follows from the text of the Central Bank Directive that the “cache” restriction concerns actions specifically under a single agreement without a limit on time and number of transactions. Let's consider cases when cash payments in excess of the established limit between legal entities and/or individual entrepreneurs are allowed:

• several concluded contracts, even on the same day, can together amount to any amount of cash (but each individually must not exceed the limit);
• an agreement for an amount greater than the established one allows you to pay in cash up to 100,000 rubles, and the rest must be paid by bank transfer;
• An individual entrepreneur can take money from the cash register for his own needs in as much as he deems necessary (this does not need to be formalized in a separate agreement, but only in a cash receipt order).

The violator will pay more

The Civil Code of the Russian Federation in paragraph 1 of Article 15 defines exceeding the cash payment limit as an administrative offense. If it is revealed by an appropriate check, the party who accepted excess cash will be fined. The sanctions will affect not only the company itself, but also the manager who neglected or abused:

• fine to a legal entity - up to 40-50 thousand rubles;
• fine to the manager - up to 4-5 thousand rubles.

FOR YOUR INFORMATION! The period during which you can fear liability for this offense is 2 months from the date of signing the relevant agreement.

You should be very careful when signing contracts, study all the items under which funds will flow before deciding on cash payments.

Calculation of legal interest

Art. has been in force for more than a year now. 317.1 of the Civil Code of the Russian Federation, according to which the creditor has the opportunity to demand interest from the debtor for the use of money, even if such a clause is not specified in the terms of the agreement. This article makes it possible to collect interest even on those transactions whose conditions were fulfilled on time. If the parties have not provided for the amount of accrued interest, then the Central Bank refinancing rate is taken as the basis

When applying this article, some difficulties may arise during the execution of a contract with deferred payment. Buyers in this case may be required to pay interest, and sellers may include the amount of interest in the cost of the purchased goods. Of course, this article can not be applied by including in the text of the contract a clause according to which this article does not apply between the parties.