Cash payments between individuals. Cash payment

The cash payment limit is a legal limitation on the maximum amount within which organizations (IPs) are allowed to make and accept cash payments under one agreement.

Limit size

The procedure for cash payments is standardized by the Directive of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U (hereinafter referred to as the Directive).

This act sets a limit equal to 100,000 rub. for cash payments between the parties to the transaction.

If cash payments are made in foreign currency, the threshold is equal to the amount corresponding to 100 thousand rubles. at the rate established by the Central Bank of the Russian Federation on the day the money is received at the cash desk of the business entity.

Participants of limited settlements

Limitation of settlements applies to legal entities. individuals and individual entrepreneurs, but does not apply to individuals.

Below, in the table, possible variations of transactions using cash between parties falling under the scope of the Directive, as well as those free from compliance with the limit, are considered.

List of abbreviations used:

• LE – organization (legal entity);
• FL – a citizen who is not registered as an individual entrepreneur (individual);
• Individual entrepreneur - individual entrepreneur.

Cash payments without restrictions

Cash can be spent without restrictions on:

• payment of wages and other payments included in the wage fund;
• insurance payments and social payments (maternity pay, vacation pay, sick leave, etc.);
• issuance to employees (including for travel expenses);
• payment of money by an individual entrepreneur to himself for personal expenses, if such funds are not used to conduct commercial activities.

It is prohibited to issue money from the cash register of an organization (IP) for purposes not specified in the Directive.

For example: a business entity plans to issue a loan to an employee. In this case, the cash proceeds should be handed over to a financial institution (bank), and then the funds should be received by check and handed over to the employee.

In this case, the subject will pay the bank commission twice: for depositing funds into the account and for withdrawing cash by check.

An individual entrepreneur has the right to withdraw any amount from the cash register; to do this, it is necessary to formalize it, indicating the following wording as the basis: “For personal needs.”

Compliance with the limit is also not required for the following types of calculations:

1. Operations carried out through the Bank of Russia;
2. Customs payments, as well as payments for taxes and duties;
3. Banking operations that are carried out in accordance with the legislation of the Russian Federation.

Payments within one agreement

Cash within the current limit can be spent on:

• acquisition of products (except for securities), services, works;
• refund of funds for a previously purchased transaction item, provided that it was paid for in cash.

The settlement threshold cannot be exceeded within a single agreement. In this case, the specifics of concluding the contract do not matter.

If the total price of the agreement is more than 100,000 rubles, you can pay part of the amount within the limit in cash, and the remaining funds should be transferred by bank transfer.

When concluding several agreements with one counterparty, even signed at the same time, the total value of cash obligations can be anything. But the amount of cash payments for each contract separately should not exceed the permissible limit.

If several agreements with a similar subject of transaction have been concluded between the parties and the terms of the agreements have not undergone significant changes, the court qualifies such contracts as “one agreement” with all the ensuing consequences.

Penalty for exceeding the cash payment limit

For non-compliance with the procedure for handling cash, fines are provided, according to Art. 15.1 Code of Administrative Offenses of the Russian Federation:

• from 40 to 50 thousand rubles. for legal entities persons (organizations);
• from 4 to 5 thousand rubles. for officials and individual entrepreneurs.

Cases related to non-compliance with the Directives of the Central Bank of the Russian Federation are within the competence of the tax authorities (Article 23.5 of the Code of Administrative Offenses of the Russian Federation).

The period during which inspectors can impose a fine for failure to comply with the cash payment threshold is no more than 2 months from the date of such violation. It does not matter when the violation was actually discovered.

Administrative liability for non-compliance with legislative norms applies to both the recipient of funds and the payer (Article 15.1 of the Code of Administrative Offenses of the Russian Federation). Judicial practice universally supports this position with decisions in favor of the budget.

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Cash payments between companies, businessmen or individuals are made in two options - cash and non-cash. Each of them is used in situations where it is considered most appropriate. Let's consider the features of settlement operations in different situations.

Cash and non-cash payments

Domestic legislative norms allow transactions in cash between:

• enterprises;
• businessmen;
• companies and individual entrepreneurs;
• companies or individual entrepreneurs with individuals.

At the same time, depending on who the transactions are between, there are strict restrictions on the amount of funds used in settlements. Thus, individuals who do not have individual entrepreneur status can operate with any amounts in transactions between themselves. There are no limits set for cash payments by enterprises and individual entrepreneurs with individuals. But in financial interaction between legal entities, as well as between enterprises and businessmen, monetary transactions are clearly regulated.

The maximum amount for one transaction between individual entrepreneurs and legal entities cannot exceed 100,000 rubles. (Instruction of the Central Bank dated October 7, 2013 No. 3073-U). This maximum also applies to agreements carried out in foreign currency. It is important to remember that for cash transactions between companies/individual entrepreneurs, it is necessary to use a cash register registered with the Federal Tax Service.

Cash payments between legal entities and individuals

As already noted, the established limit for cash settlements does not apply to transactions carried out between an enterprise (or individual entrepreneur) and an individual. This directly concerns settlements with customers and clients, i.e. they can purchase a product or service for cash for an amount not limited by law.

In addition, the limit is not taken into account in some situations (for example, payment of customs duties) or in intra-company transactions involving the receipt of the following cash by employees:

• money for a report or for a business trip;
• wages, social benefits, payments under insurance contracts;
• loans.

The issuance of cash for these purposes is not limited by law, but is controlled by the company, and it should be borne in mind that maximum limits are set for travel funds (daily allowances) that are not subject to personal income tax.

Example

An employee of Astra LLC received travel allowances in the amount of 200,000 rubles. RUB 60,000 was used directly for travel expenses. (accommodation, daily allowance), and for 140,000 rubles. an employee (on behalf of the company) concluded and paid in cash an agreement with a counterparty organization. There is a violation of the law that can entail significant fines for exceeding cash payments between legal entities: from an enterprise from 40,000 to 50,000 rubles, from officials from 4,000 to 5,000 rubles. (Part 1 of Article 15.1 of the Code of Administrative Offenses of the Russian Federation).

Entrepreneur cash payments

If an individual is an individual entrepreneur, he is subject to restrictions on commercial settlements in cash with organizations and other individual entrepreneurs.

A businessman has the right to give himself amounts from the cash register that are not limited by the limit, and he can spend them on his personal needs. Payment in cash for each of the transactions concluded by the entrepreneur (except for transactions with individuals - not individual entrepreneurs) should not exceed the established limit of 100,000 rubles.

Example

Individual entrepreneur T.T. Petrov, taking 300,000 rubles from the cash register, entered into a supply agreement for 160,000 rubles. Exceed 100,000 rubles. When paying in cash, it is not possible in this case either. An individual entrepreneur can pay 100,000 rubles in cash, and the remaining 60,000 rubles. should be transferred to the seller by bank transfer.

If an individual entrepreneur pays in cash for his personal expenses not related to commercial activities, this restriction does not apply.

As a rule, business entities practice breaking down such contracts, characterizing different conditions in each or dividing the assortment. It should be taken into account that the court may consider several contracts concluded with one supplier to be a single transaction if they are signed on the same day and paid at a time in an amount of over 100,000 rubles. (resolution of the Federal Antimonopoly Service in case No. A72-3587/2008 dated December 13, 2008).

Cash payments between a legal entity and an individual require the use of a cash register, which transmits information to the Federal Tax Service. This requirement applies to all companies and individual entrepreneurs, except those exempt from the mandatory use of cash registers or those deferred until 07/01/2019.

Cash and non-cash payments to customers

Cash settlements with customers are recorded by cash register. If the buyer is an individual, then no restrictions are placed on the purchase amount. When accepting payments from legal entities, you should remember that the settlement limit is 100,000 rubles. also applies to this type of operation. Even with a significant spread in time and payment in installments, the total amount of cash payment within one transaction should not exceed the established maximum.

The fact of purchase is accompanied by the issuance of a cash receipt; when the company registers a purchase, it is supplemented with other supporting documents (sales receipt or invoice).

When interacting with customers, you should remember that the targeted use of funds from the cash register is a mandatory norm. Therefore, if a situation arises with a refund for a product, it is necessary to find out how it was paid for when purchased. If the buyer paid in cash, then the cost of the goods can be returned from the cash register. For non-cash payments (payment by card), the refund is made by transfer to the buyer's bank account.

Very soon, amendments will be made to the current legislation (law on cash registers dated May 22, 2003 No. 54-FZ) regarding the use of cash registers for non-cash payments. According to the adopted amendments to the law, the use of cash register systems is being introduced for non-cash payments with individuals. In this case, the cash receipt must be issued no later than the next day after the payment is made, but no later than the moment the goods are transferred. Please note that this requirement does not apply to non-cash payments between legal entities and individual entrepreneurs.

can be carried out - the law allows this option, although with certain restrictions. The rules by which this happens will be discussed in our article.

What types of settlements can be made between individuals and legal entities?

Payment methods are fixed at the level of the Civil Code of the Russian Federation: in Art. 861 shows the division of calculations into two types:

• those produced with cash
• produced in a non-cash manner.

The same article establishes the rules according to which citizens can pay in cash in any amount. Legal entities and individual entrepreneurs, when the need arises to make payments, in most cases must do this by bank transfer. They can also use cash, but in this case there are a number of restrictions directly established at the legislative level. Moreover, the restrictions relate not only to compliance with the intended purpose of the payment, but also to the execution of the calculation itself, the availability of primary accounting documents and the entry of amounts in the appropriate columns of the financial statements.

When can an organization and an entrepreneur pay in cash?

Legal relations in the field of cash payments with the participation of legal entities and individual entrepreneurs are regulated by the Directive of the Central Bank of the Russian Federation No. 3073-U dated October 7, 2013 “On cash expenses.” According to this regulatory act, organizations and entrepreneurs have the right to spend cash from the cash register:

Don't know your rights?

• to make payments to its employees, which are included in the salary fund, and social payments;
• insurance payments to individuals who paid money for insurance in cash;
• payment for goods and services (except for the case of acquisition of securities);
• issuing money to their employees on account;
• refund of money for returned goods, as well as services that were not accepted by buyers, but had already been paid for in cash.

Entrepreneurs have one more permitted area for spending cash - to cover consumer expenses that are in no way related to business activities. In this case, you can spend both cash withdrawn from a bank account and the money that is in the cash register of the individual entrepreneur.

Additionally, organizations and entrepreneurs can pay individuals in cash from their cash register. However, this is only possible if the money went there directly from the bank account of the company or individual entrepreneur:

• when carrying out transactions with securities;
• payment of real estate rental;
• conducting activities related to organizing and conducting gambling;
• issuance/repayment of loans and interest on them.

To do this, it is often necessary to use the following scheme: money is handed over from the cash desk to the bank, and then returned back to the cash desk, after which settlements with individuals are made.

Are there any restrictions on amounts when settling payments between a legal entity and an individual?

In addition to the fact that Directive No. 3073-U of the Central Bank of the Russian Federation contains a list of permitted grounds for cash settlements between legal entities and individual entrepreneurs with individuals, it directly states that such settlements can be carried out without restrictions on the amount both in rubles and in foreign currency (p . 5).

Thus, an individual can pay a company or entrepreneur in cash without any restrictions on amounts. Reverse calculation also has no restrictions on amounts, but there are restrictions on the purposes of calculations, since cash from the cash desk of an organization or entrepreneur can only be issued for certain needs, directly listed in the law.

Bank of Russia on the date of cash payments (clause 6 of Bank of Russia Directive No. 3073-U dated October 7, 2013 “On cash payments”). This restriction does not apply to cash payments under an agreement between an organization and an individual (clause 5 of Bank of Russia Directive No. 3073-U dated October 7, 2013). Guide to judicial practice. Contract. General provisions Instruction of the Bank of Russia dated October 7, 2013 N 3073-U established the maximum amount for cash settlements between legal entities - 100,000 rubles. In practice, the question arises about proving the fact of payment for work by the customer in the event that funds are transferred to the contractor in violation of the rules of non-cash payments.

Cash payment limit

Carrying out such calculations is clearly regulated by current legislation, and there is a certain limit. In order to find out what the payment limit is between a legal entity and an individual, you must read this publication. Content

• 1 Participants in settlements
• 2 Limitations of calculations
• 3 The procedure for mutual settlements between individuals and individual entrepreneurs
• 4 The procedure for mutual settlements between individuals and legal entities
• 5 Procedure for mutual settlements between individual entrepreneurs and legal entities
• 6 Which calculations are not subject to the limit rule?
• 7 Features of settlement under an assignment agreement

Participants in settlements It is no secret that settlements are required for the purchase of various goods, services and works.

Participants in such transactions are legal entities, individuals, and individual entrepreneurs.

Cash payment limit

A cash order is issued. The main condition for working with cash is fiscalization. That is, when funds are received by an organization, taxes must be paid on them. The Central Bank does not regulate:

• cash payment with the participation of the Bank of Russia;
• ruble payments (or in other denominations) between individuals who are not individual entrepreneurs;
• Bank operations;
• payments based on regulations on customs collection.

There is a list of criteria that an organization must meet before starting to work with cash:

• have a cash book;
• have the resources to carry out activities;
• have cash register equipment that has been registered.

Cash payments between a legal entity and an individual without a cash register are not allowed.

What is the limit of settlements between legal entities and individuals?

An individual is not a participant in economic activity and acts only as a consumer of various services, which also includes the purchase of goods and various works. From this we can come to the conclusion that the features of mutual settlements between individual entrepreneurs and individuals will be as follows:

• between an individual and an individual entrepreneur, mutual settlements will take place only in cash, this does not contradict the rules established for 2017;
• such payment can be made either by paying in cash or through banking institutions, through a plastic card.

When making payments between an individual and an individual entrepreneur in cash, according to the requirements established for 2017, financial funds must be received at the cash desk, and then capitalized by the individual entrepreneur by entering them into the report to determine the tax base.

Limit for citizens on cash payments: about the initiative of the Russian Ministry of Finance

The procedure for the use of cash by organizations is established by the Central Bank. In accordance with it, the movement of finances occurs through the cash desk of the enterprise. Algorithm of actions When issuing cash (on report), you must adhere to the following algorithm: Check if the employee has debts. It is necessary to find out whether the employee has any debts from previously received finances.

If there is, then issuing a new amount is not allowed. Receive a statement from the employee. There is no set form, you can fill it out in any way. The text must indicate the amount and timing of issue. Upon agreement with the manager, he affixes his signature. In the absence of an application, it is not allowed to issue cash. Issue a cash order. This can be done either by the organization’s accountant or its director. Transfer the order to the cash desk. The cashier is required to check the document.

Restriction of cash payments between legal entities

Individual entrepreneur independently Without the use of cash registers and other documentation This opportunity is available only for those individual entrepreneurs who are located in remote places. If an individual entrepreneur fits within the limit, then there is no need to open a bank account. Features of restrictions on the amount of cash settlement in 2018: If there is an additional agreement, it is not allowed to enter into it for the entire amount, this threatens with a fine. The same type of agreement (a pair of identical agreements, when the operation requires payment of more than 100 thousand) In this situation, regulatory authorities can also impose a fine Without concluding an agreement For each invoice there must be a limit on the amount Long-term agreement The validity period does not affect the limit on the amount, it must also be If between individuals For cash payments between individuals of the physical type, no limit is established.

Cash acceptance limit from individuals

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.

However, this is only possible if the money went there directly from the bank account of the company or individual entrepreneur:

• when carrying out transactions with securities;
• payment of real estate rental;
• conducting activities related to organizing and conducting gambling;
• issuance/repayment of loans and interest on them.

To do this, it is often necessary to use the following scheme: money is handed over from the cash desk to the bank, and then returned back to the cash desk, after which settlements with individuals are made. Are there any restrictions on amounts when settling payments between a legal entity and an individual? In addition to the fact that Directive No. 3073-U of the Central Bank of the Russian Federation contains a list of permitted grounds for cash settlements between legal entities and individual entrepreneurs and individuals, it directly states that such settlements can be carried out without restrictions on the amount both in rubles and in foreign currency (p . 5).

Acceptance of cash from an individual limit

A dispute with the tax service can be avoided if, when concluding similar agreements, you indicate different characteristics - volume, type of product, delivery time. Long-term agreement During the validity period of the agreement, the limit is also 100 thousand rubles. That is, when making a one-time transaction, the delivery amount during the year should not exceed the established limit. Accounting for transactions Cash issuance is carried out by check. Operations of this type are performed by the expense cash desk. The cash register manager is obliged to issue money on account and make an entry in the accounting book.

Cash acceptance from individuals limit

Important

It is important to know that between some legal entities, in order to avoid the above restriction, several agreements are concluded under which the amount exceeding the established limit is divided into several parts that do not exceed 100,000 thousand. Such mutual settlements are risky and can lead to the imposition of various financial sanctions by the tax authorities, and it will be difficult to prove your case even in court. In 2017, the amount of penalties for such violations is significant.

The civil legislation of the Russian Federation provides 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.

In this case, we are talking 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

Last year, financial legislation 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 be guided by the provisions of the 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 a 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, social security contributions 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 a company is a credit institution, then it can spend its cash from the cash register without restrictions.

Some companies, in which a significant share of payments are made in cash, are trying in various ways to get around 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.

The most 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 provides employees with 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 for 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 violations 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, it will find itself 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.

Individual entrepreneurs are subject to special control. 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. Moreover, in recent years the percentage of commission for accepting and issuing cash has increased.

The news release regarding restrictions on cash payments in Russia is presented below.