15:20 18.01.2022

Rules for using payment transactions recorders in e-commerce rather shaky – tax consultant

3 min read

KYIV. Jan 18 (Interfax-Ukraine) – The norms for the use of payment transactions recorders in e-commerce are rather shaky, founder of E.C. Consulting, tax consultant Oleksandra Tomashevska believes.

"For example, with a cash on delivery payment, the money is taken by the postal service. The entrepreneur cannot give a receipt either before or after, and it is impossible to know at what point a buyer will decide whether he/she takes the goods. The entrepreneur is not present at the moment when the payment is made," she said during a press conference titled "Three weeks with cash registers: situation unstable" at Interfax-Ukraine on Tuesday.

Private entrepreneurs who sell their goods through foreign platforms Amazon, Etsy, Ebay, etc., also faced the problem.

"They use the same acquiring as Ukrainian online stores. But does a foreign buyer need a fiscal receipt? I'm sure not, because they are in another country. But, under current legislation, the seller must issue a fiscal receipt. The tax authority may come and say: there was an acquiring, which means that it was necessary to use a payment transactions recorder. And we have no arguments that would allow us to protect such an entrepreneur, although there is no common sense in this," Tomashevska said.

At the same time, Ihor Diadiura, Deputy Minister of Economy for Digital Development, Digital Transformations and Digitization, emphasized that when paying for goods to an IBAN account, the use of a payment transactions recorder is not required. This allows the consumer to see all the details of the entrepreneur.

"With regard to cash on delivery payments, the apotheosis is the issuance of the so-called 'receipt' to our largest logisticians, where the recipient of the funds is not indicated," Diadiura said.

The Deputy Minister agreed that the system has rough edges, which should be corrected by the draft law currently being developed.

"I know for sure that there will be amendments to the law. The Council for Promotion of Small Business Development under the President has worked out its own amendments, the Ministry of Economy has its own, and we have eight points that should be added. We must have transparent, simple legislation," Diadiura said.

He stressed that when using software for payment transactions recorders, a fine can only be imposed in the event of the following violations: the entrepreneur did not issue a fiscal receipt; issued a receipt for an incomplete sum; and interference in the work of a payment transactions recorder.

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