At the end of April, the Central Bank’s instruction No. 3073-U dated October 7, 2013 “On making cash payments” was registered. This instruction made some changes to the existing procedure for cash payments for organizations and individual entrepreneurs. The changes affected the purposes for which cash proceeds can be spent, as well as cases when the cash payment limit may be exceeded. Let's take a closer look at these changes.
Purposes for spending cash
The changes are not very significant, nevertheless, they exist.
Everyone knows that cash proceeds can only be spent for certain purposes, which are specified in the instructions of the Central Bank dated June 20, 2007.
According to the latest changes, the wording of two goals changes:
First change:
“Salaries and other payments to employees (including social ones)” is changed to “Payments to employees included in the wage fund and payments of a social nature.”
Second change:
“Travel expenses” is changed to “Issue of accountable amounts to employees.”
The remaining three purposes for spending cash proceeds remained unchanged, these are:
- Payment for goods, works, services;
- Payments of insurance compensation under insurance contracts for individuals;
- Refund of cash payment in case of return of goods (failure to provide services, failure to perform work).
If an organization needs to spend proceeds on securities, loans, or rental real estate, then the proceeds are first handed over to the bank, after which it can be withdrawn for these purposes. This clarification is also stated in the instructions of the Central Bank.
All of the above is true for both organizations and individual entrepreneurs.
In addition, an individual entrepreneur can also spend cash proceeds on his own needs.
Cash payment limit
Directive of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U establishes a limit for cash payments between legal entities in 2019. Payments between individuals in cash are not limited.
The main innovation is that for some cash payments, legal entities and individual entrepreneurs will be able to spend only money withdrawn from a bank account and deposited into the cash register.
There is a ban on issuing cash from the cash register from cash proceeds for purposes not mentioned in the instructions of the Central Bank. That is, in order to issue a loan to an employee, you need to take cash proceeds, hand it over to the bank, then receive the loan amount in cash from the bank by check, and only issue the loan from the cash received from the bank. Naturally, the servicing bank receives profit in the form of a commission for accepting and issuing cash. This, apparently, is the main purpose of the ban, so that people pay more commissions to their bank.
From proceeds, loans, return of unspent accountable money and all other amounts received at the cash desk not from the account of your organization (IP), cash payments not listed in the list of permitted ones cannot be made.
And here are the pleasant innovations of cash payments - an individual entrepreneur has the right to withdraw proceeds from the cash register for his personal needs without any limit on the amount. It is enough to draw up a RKO - (consumables) with the wording “For personal (consumer) needs of individual entrepreneurs.”
And here settlement limit in cash remained unchanged: RUB 100,000. within the framework of one agreement between legal entities and individual entrepreneurs (hereinafter referred to as participants in cash payments).
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Who are the participants subject to the cash payment limit?
The maximum amount for cash payments is 100 000
rub. 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.
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What does the cash payment limit NOT apply to?
Cash can be spent without restrictions in the following cases:
- salary payments;
- 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.
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CENTRAL BANK OF THE RUSSIAN FEDERATION
Text of resolution No. 3073-U of the Central Bank of the Russian Federation On Cash Payments
This Directive establishes the rules for making cash payments in the Russian Federation in the currency of the Russian Federation, as well as in foreign currency, in compliance with the requirements of the currency legislation of the Russian Federation.
1. This Directive does not apply to cash payments with the participation of the Bank of Russia, as well as to:
cash payments in Russian currency and in foreign currency between individuals who are not individual entrepreneurs;
banking operations carried out in accordance with the legislation of the Russian Federation, including regulations of the Bank of Russia;
making payments in accordance with the customs legislation of the Russian Federation and the legislation of the Russian Federation on taxes and fees.
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Questions and answers on cash limits of 100,000 rubles.
So, we see that the Directive establishes a Cash Payment Limit for payment of cash settlements between legal entities and individual entrepreneurs since 2014, which has not changed in value and is equal to 100,000 rubles under one agreement.
Is it possible to carry out transactions with the same counterparty in the amount of more than 100 thousand rubles on one cash day?
Yes, it is possible under several contracts for no more than 100 thousand rubles. one contract per day. It is written: “Cash payments in Russian currency and foreign currency between participants in cash payments within one contract concluded between the specified persons."
Attention!
If the subject of the agreement and all other conditions remain the same in other agreements, then there is a high probability that the court may recognize (some courts do recognize) such agreements as “one agreement.”
Issuing cash to an employee for a business trip report
You can issue them, including at the expense of cash proceeds, and there will be no violation of cash discipline in this case. Because money spent on a business trip is an expense for the organization, that is, payment for goods, work, and services purchased in its interests. And it is allowed to spend cash proceeds on such payment. It doesn’t matter whether you give money in advance or reimburse employees for amounts already spent.to menu
Fine for failure to comply with cash discipline
If a legal entity or individual entrepreneur exceeds the amount of 100,000 rubles. according to one agreement, this is considered a violation of the procedure for working with cash. There is a fine for this.
For organizations, its amount ranges from 40,000 to 50,000 rubles. For a responsible employee ( official) - from 4000 to 5000 rubles. But inspectors have the right to hold an organization accountable within two months from the date of the violation (Part 1 and Subsection 6, Part 1).
Arbitration practice confirms this position. So, for example, for violating the cash payment limit, you can prosecute the organization that receives the money (resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated November 30, 2010 in case No. A28-2959/2010). Moreover, even if the money is paid by the entrepreneur (resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated February 18, 2010 in case No. A28-16681/2009).
The same procedure applies to settlements under an exchange agreement. In it, both parties are both buyer and seller (
IN civil law Russian Federation provided two types of payments between partners: non-cash and using cash. Moreover, the latter type is subject to fairly strict control by the state. Such control is exercised by the Central Bank of the Russian Federation (CBRF) through commercial banks.
Wherein we're talking about only about settlements between companies and individual entrepreneurs. The movement of cash between citizens who do not have any legal status is not limited by regulations.
Definition
Financial legislation last year already took the initiative to set a limit on the amount of cash with which individuals can pay both with each other and with organizations and individual entrepreneurs.
The State Duma, however, has not yet considered it, so in 2018 there are no restrictions for this category yet.
All legal entities in their activities are required to follow the provisions of Directive of the Central Bank of the Russian Federation No. 3073-U. That is, the norms of this Directive apply to partnerships:
- between companies;
- between a company and an individual entrepreneur;
- between individual entrepreneurs.
If a company or individual entrepreneur has entered into an agreement with an individual. person, then the Directive of the Central Bank of the Russian Federation does not apply in such cases.
Maximum
The maximum amount that legal entities can transfer in cash should not exceed 100,000 rubles. Moreover, this maximum applies to both the transmitting side and the receiving side.
True, if the bank establishes an offense, then only the party accepting the cash will be punished. Although there is arbitration practice indicating that the tax authorities managed to hold both counterparties accountable. The limit also applies to foreign currency, the amount of which is determined at the official exchange rate.
Please note that this limitation is determined by one agreement. For example, if a company has entered into several contracts with one counterparty, then it can pay in cash up to one hundred thousand rubles for each contract.
Wherein the type of contract does not matter. It also doesn’t matter for how long it is concluded, i.e. the limit is determined for the entire period of its validity, even if it exceeds calendar year. You cannot pay in cash for various penalties arising under the contract if the specified maximum has already been reached.
Minimum
There are no minimum limits for cash payments between legal entities. Each organization independently makes such a decision, based on the terms of the transaction and economic feasibility.
Limit amount When paying in cash, it is not calculated if the legal entity:
- interacts with the Central Bank of the Russian Federation;
- pays taxes, contributions to social insurance or customs duties;
- pays off a bank loan.
Organizations cannot independently dispose of the cash proceeds received. The Directive in question No. 3073-U contains a direct prohibition on spending money from the enterprise’s cash desk that was received as payment for goods (work or services) or in the form of insurance compensation. That is, the company cannot use its cash immediately after it arrives at the cash desk.
To do this, she first needs to transfer them to her bank account and then withdraw them back to the cashier. In this case, the legal entity must inform the bank for what purposes the funds will be spent and, possibly, provide a package of supporting documents. Exceptions to this requirement are following situations:
- payment of wages or social benefits, for example, sick leave;
- payment of invoices for goods (work, services) necessary to carry out the main activities of a legal entity;
- issuing amounts to company employees based on advance reports;
- if legal the person is an individual entrepreneur, then he can take the amount from the cash register for his own purposes, even if they are not related to business activities;
- other situations provided for by the Directive of the Central Bank.
By the way, if the company is a credit institution, then it can spend its cash from the cash register without restrictions.
Some companies, which have a significant share of payments made in cash, are trying to different ways bypass the hundred thousand limit. For example, conclude additional agreements to the agreement and transfer money within the framework of these agreements.
Banks, checking the legality of cash payments, first check such transactions. Having detected an excess of the maximum threshold for all additional agreements within one contract, they fine the companies.
Sometimes partners enter into not one agreement, but several of the same type. In such a situation you need to be very careful, because... inspectors may decide that this is a way to evade non-cash payments. The contracts must still differ from each other in the amount, subject of the contract, and the deadline for fulfilling obligations.
Most in an effective way is to make one-time deliveries, without formalizing contractual obligations, because in this case the limit is calculated for each invoice.
Maximum limit when paying in cash does not apply in the following situations:
- the company issues to employees wages, temporary disability benefits and other similar payments;
- the company carries out settlements with citizens;
- the company issues cash to its employee going on a business trip or based on an advance report.
In the latter situation, you need to remember that more than one hundred thousand rubles can be issued against a report only if the employee does not use them to pay for goods, work, or services under contracts that were concluded by him on behalf of the company by proxy.
As you can see, the restrictions on cash payments are quite strict. Banks closely monitor them, demanding from companies a lot of additional documentation that would directly or indirectly confirm the targeted nature of spending money.
Here it is necessary to recall that penalties for exceeding the maximum amount are quite significant. The party to the transaction that received the funds is subject to administrative liability.
The fine for the company is set at up to 50,000 rubles. In addition, a fine can be imposed on the head of the company who committed such a violation. Its size is limited to five thousand rubles.
Limitation period for cash irregularities is 2 months, i.e. If the bank discovers violations after the expiration of this period, the company is not subject to administrative liability.
The control procedure itself is entrusted to commercial banks, which are entrusted with the functions of requesting additional information on transactions. Of course, the bank is not officially an inspection body, and the company may refuse to comply with its requirements. However, in such a situation she will find herself without banking services and, therefore, will not be able to carry out its activities.
Banks take a responsible approach to checking cash payments, because they, in turn, are controlled by the Central Bank of the Russian Federation, which can deprive them of their license.
Are subject to special control individual entrepreneurs. Not least due to the fact that they are allowed to take cash from the till without restrictions.
The question naturally arises: Why is such strict control over cash flow necessary?
The official position of the state, represented by the Central Bank, says that such control is necessary to combat corruption schemes and unscrupulous persons involved in cashing out illegally obtained funds. This is especially true now, when terrorist activity has intensified.
However, do not forget about the financial component. Depositing cash from the company's cash desk to a bank account, as well as, on the contrary, transferring money from a current account to the cash desk, is not a free service for companies. Especially for last years the commission percentage for accepting and issuing cash has increased.
The news release regarding restrictions on cash payments in Russia is presented below.