Limit of mutual cash settlements between legal entities. Legislation and regulations

In civil law Russian Federation provided two types of payments between partners: non-cash and cash Money. 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 (CBR) through commercial banks.

Wherein we are talking only about settlements between companies and individual entrepreneurs. Cash flow between citizens who do not have any legal status, is not limited by regulations.

Definition

The financial legislation last year already took the initiative to establish a limit on the amount of cash that individuals can use to settle 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 rules of this Ordinance apply to partnerships.:

• between companies;
• between a company and an individual entrepreneur;
• between individual entrepreneurs.

If the company or individual entrepreneur has entered into an agreement with physical. person, then the Instruction of the Central Bank of the Russian Federation in such cases does not apply.

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 cash will be punished. Although there is arbitration practice, indicating that the tax authorities managed to hold both counterparties liable. The limit also applies to foreign currency, the amount of which is determined at the official rate.

It should be noted that this limitation is determined by one contract. For example, if a company has entered into several agreements with one counterparty, then it can pay in cash within one hundred thousand rubles for each agreement.

Wherein the type of contract does not matter.. It also does not matter 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 various penalties that have arisen under the contract if the specified maximum has already been reached.

Minimum

No minimum cash payment limits between legal entities not defined in the law. Each organization independently makes such a decision, based on the terms of the transaction and economic feasibility.

Amount limit when settling 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 proceeds received in cash. The Directive under consideration No. 3073-U contains a direct ban on spending money from the cash desk of the enterprise, which 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. At the same time, the legal entity must inform the bank for what purposes the funds will be spent and, possibly, provide a package of supporting documents. The exceptions to this requirement are the following situations:

• pay wages or social benefits, such as sick leave;
• payment of invoices for goods (works, services) necessary for the implementation of the main activities of a legal entity;
• issuance of amounts to employees of the company according to advance reports;
• if legal the person is an individual entrepreneur, then he can take the amount from the cash desk for his own purposes, even if they are not related to entrepreneurial activity;
• other situations stipulated 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 desk without restrictions.

Some companies, which have a significant proportion of settlements in cash, are trying to different ways bypass the 100,000 limit. For example, to conclude additional agreements to the contract and transfer money within the framework of these agreements.

Banks, checking the legitimacy of cash payments, first of all check such transactions. Finding the excess of the maximum threshold for all additional. agreements within a single contract, they penalize companies.

Sometimes partners conclude not one contract, 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 avoid cashless payments. Contracts should still differ from each other in the amount, the subject of the contract, and the period for fulfilling obligations.

The most effective way is the implementation of one-time deliveries, without formalizing contractual obligations, because in this case the limit is calculated for each invoice.

Maximum limit for cash payments does not apply in the following situations:

• the company provides employees with wages, temporary disability benefits and other similar payments;
• the company makes settlements with citizens;
• the company issues cash to its employee who is going on a business trip, or according to an advance report.

In the latter situation, it must be remembered that more than one hundred thousand rubles can be issued under the report only if the employee does not pay with their help for goods, work, 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 are closely following them, requiring companies to provide a lot of additional documentation that would directly or indirectly confirm the purposeful nature of spending money.

Here it should be recalled that the penalties for exceeding the maximum amount are quite significant. The party to the transaction that received the funds is subject to administrative liability.

The penalty for the company is set at up to 50000 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.

The statute of limitations for fraudulent claims is 2 months, i.e. if the bank found violations after the expiration of this period, then 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 inspecting body, and the company may refuse to comply with its requirements. However, in such a situation, it will be without banking services and, therefore, will not be able to carry out its activities.

Banks take a responsible approach to checking cash payments, because, in turn, they 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 cash register 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, suggests that such control is necessary to combat corruption schemes, with unscrupulous individuals involved in the cashing of funds obtained illegally. This is especially true at the present time, when terrorist activities have intensified.

However, do not forget about the financial component. Depositing cash from the cash desk of an enterprise to a bank account, and vice versa, transferring money from a current account to a cash desk is a non-free service for companies. Especially for last years the percentage of commission for receiving and issuing cash increased.

The news release regarding the cash limit in Russia is presented below.

Settlements between individual entrepreneurs and individual entrepreneurs in cash imply the application of a limit of 100,000 rubles for each transaction. Entrepreneurs in 2019 are exempted from the annual establishment of a cash limit at the end of the day in monetary terms, as well as maintaining a book of accounting for expenses and income. However, the absence of such a tool deprives the manager of the opportunity to analyze the cash flow. What will happen if you set a limit and continue to keep a cash book can be found in the material of this article.

The procedure for conducting cash transactions of IP

Every firm and organization is required to have a cash register. Procedures related to the storage of cash, acceptance, issuance of reports and other needs are related to cash procedures.

For the implementation of cash settlements, a specially trained employee is accepted into the staff for the position of an accountant-cashier. He bears financial responsibility and performs the functions in accordance with job description adopted at the enterprise, and is also responsible for violating cash discipline by collecting a fine.

Conducting cash transactions in 2019 using cash is controlled on the basis of the decree of the Central Bank of Russia number 3210-U.

According to the above document, individual entrepreneur has the right not only not to set a limit on the cash balance at the cash desk, but can also choose the terms for cash delivery to a banking institution.

Individual entrepreneurs are exempted from maintaining a cash book and the mandatory preparation of PKO (receipt cash orders) and RKO (expenditure cash orders). Legislation allows this approach to cash flow. But, if an entrepreneur has employees, then it is in his interests to secure his finances from possible abuse of official position of employees.

Keeping records without documents requires supporting documents in the form of strict reporting forms and a Z-report (if cash registers are used).

According to the law, the proceeds received by the cashier can be spent for such purposes as:

Moreover, the current restriction on the amount of cash established by law does not apply to the above operations.

The limit in 2019 remains the same, that is, for a specific cash settlement agreement for individual entrepreneurs, an amount of no more than 100,000 rubles is set.

Cash payment limits

The maximum cash settlement with individual entrepreneurs under one agreement is an amount not exceeding 100 thousand rubles. It is worth considering the information that if the transaction is concluded in a foreign currency, then the limit is equal to the same amount of 100 thousand rubles when converted to the national currency.

This restriction applies to cash transactions between:

• legal entities (LLC);
• organization and entrepreneur (IP);
• IP payments.

The application of the rule for making cash payments does not apply to individuals (citizens), payments to them can be made without restrictions. But even here there are some peculiarities.

Nuances when concluding an agreement between the parties:

If the contract for any reason was concluded in the amount of, say, 700 thousand rubles, then the party acting as the buyer can still pay in cash only 100 thousand rubles. The remaining amount in the amount of 600 thousand rubles must be transferred to the supplier's current account (non-cash payment).

Do not try to bypass the limit with the help of an agreement to the main contract. For example, an agreement is concluded in the amount of 60 thousand rubles, after which an additional one is created. an agreement for the amount of 50 thousand rubles, as a result, the transaction is equated to the amount of 110 thousand rubles, and this is already an excess of the limit by 10 thousand rubles.

Since the agreement is an addition to the main contract, this operation is a direct violation, for which the entrepreneur who applied this method will be punished in the form of a fine.

When you can not think about the limit

From the text of the decree of the Central Bank, one can single out the nuances that give the right to carry out operations under one agreement without a limit on the duration and number of operations.

Situations in which cash settlement between sole proprietorships and LLCs may exceed the established amount limit:

• the entrepreneur has the power to take the right amount money from the cash desk for personal needs (drawing up an agreement for such operations is not required);
• a contract for a large amount can be paid in cash in the amount of up to 100 thousand rubles, the rest is carried out through a bank account;
• several contracts can be concluded simultaneously, but the monetary value of the transaction of each of them should not exceed the limit value.

The instruction from the Central Bank of the Russian Federation contains an extended set of rules for settlements between individual entrepreneurs and legal entities. Despite the rather rigid framework in which entrepreneurs find themselves, there are still a number of cases when cash payments are exempted from the supervision of the Central Bank.

Namely:

• payment for customs duties;
• bank transactions;
• issuance of money under the report to hired employees;
• social payment and repayment of wage arrears;
• monetary relations with the Central Bank of the Russian Federation;
• needs of a personal plan for an entrepreneur.

With regards to the limit under one agreement, according to a number of decisions, the restriction can be circumvented by breaking one agreement into several. The main thing is that the dates do not coincide, and it is best to divide not only the total amounts of transactions, but also the nomenclature into categories.

The cash limit is valid regardless of the contract expiration date. And this means that it is impossible to pay fines that have arisen in case of underdelivery, violation of the deadline, etc. Since obligations in the amount of 100 thousand rubles were repaid, and cash payments in excess of this amount are recognized as a violation.

Purpose restrictions

There are a number of restrictions when an individual entrepreneur can conduct a cash transaction in cash only after withdrawing them from a bank account.

These include:

• payments on credit obligations or execution of a loan agreement;
• transactions related to gambling;
• expenses for the needs of the enterprise.

Despite some advantages of the method, it has significant disadvantages. For receiving money through the cash desk of the bank, the entrepreneur incurs the costs of paying commission expenses. But all the same, the businessman is protected from a fine, since such operations are not recognized as a violation by the decree of the Central Bank.

It is worth paying special attention to the amount of cash under the report. With Russian citizens who are recognized as individuals and do not conduct entrepreneurial activities, there is no limit on cash settlements in 2019. An employee can even be given a sum of money in the amount of half a million.

But, if an employee makes purchases on behalf of an entrepreneur with another individual entrepreneur or LLC by proxy, the limit must be observed in the manner prescribed by law. For the reason that a transaction of this nature is not concluded from an employee, but from an entrepreneur on the basis of a certified document.

Purchases at retail outlets in the person of an employee do not limit the amount of cash for which an individual can purchase goods.

There is also a nuance between legal entities and individuals when cash must be issued from the cash desk after direct withdrawal from the company's current account.

These include:

• lease relationships;
• repayment and/or issuance of loans and interest accruals on them;
• all transactions with securities.

Before issuing large sums it will be useful for its employees to familiarize themselves with the latest changes in legislation under the report.

Penalties for violations

Upon violation of the limit, the tax office has the right to fine both parties (buyer and seller), since according to Art. 15.1 of the Code of Administrative Offenses of the Russian Federation, the payer and the recipient are equally liable for the violation.

Penalties are imposed according to the following criteria:

1. Organizations represented by legal entities risk saying goodbye to a sum of money in the amount of 40,000 to 50,000 rubles.
2. Entrepreneurs and officials have the opportunity to pay from 4,000 to 5,000 rubles for a violation.

Entrepreneurs may incur the same costs when the cash balance at the end of the day is more than the established limit approved by the order of the enterprise. But, the law for individual entrepreneurs allows you to cancel the cash limit in accordance with the instructions of the Central Bank of the Russian Federation of March 11, 2017.

The expenditure of cash for unforeseen needs that need to be handed over to the bank is a violation of cash discipline.

Attention! IN this issue, the court almost always takes the side of the Federal Tax Service.

The period during which you can worry about the application of punishment for this type of violation is 2 months from the date of signing a specific agreement.

The main rule. In order not to fall for unforeseen fines, it is necessary to carefully study all the clauses of the contract before signing it. The most common reason for violation of the limit is the accrual of fines and penalties in contractual relationships that have already been closed, taking into account the cash settlement limit of 100 thousand rubles.

Every businessman with hired employees must strictly observe the cash order, and it is advisable not to stop keeping a book of expenditure and income orders.

This approach will ensure the order of work with cash in the conduct of the internal activities of the enterprise and maintain mutual understanding with the staff. Do not forget to set a limit at the end of the reporting day every year and timely hand over all proceeds in excess of the established limit to the bank. For individual entrepreneurs, setting an annual limit is not mandatory; a businessman can keep at the cash desk as much cash as he needs. The restriction can be set solely for the analysis, but it is not necessary to comply with it.

In cases where you can not think about the limit, you also need to be careful, since each softening in the amount of cash settlements has its own nuances and features.

Legal entities most often use non-cash settlements. This is due to the turnover. But sometimes it can be applied to payment and cash. What is the limit for cash payments for legal entities in 2019?

In commercial practice, legal entities mostly use cashless payments. This is more appropriate, since quite large sums are often spent on paying for goods or services.

At the same time, for cash payment, the costs of cash collection service or security become necessary. In addition, with cash payments, it is much more difficult to trace the reliability of accounting.

And, nevertheless, cash payments have a place to be. What is the maximum amount for cash payments determined in 2019 between legal entities?

Required Information

In the process of managing organizations with counterparties are calculated using a cashless settlement.

But the Civil Code allows economic entities to carry out settlements in cash, provided that this does not contradict the legislative norms.

The need for cash payment may arise in different cases. For example, the purchase of goods is a one-time purchase or an individual entrepreneur does not have a bank account.

Moreover, setting a limit for cash payments will not contradict in any way regarding the free disposal of one's own funds, since non-cash settlements are not limited in any way.

Restrictive norms on amounts of money for cash payment do not apply to transactions involving individuals, if they do not act as entrepreneurs.

It should also be noted that the cash settlement limit functions relative to one. According to the provisions of civil law, a contract is a documentary agreement involving two or more parties.

It regulates actions aimed at the definition, completion or change of current obligations and rights. Regarding contracts and cash payments, the following important nuances should be noted:

These rules are valid both in relation to organizations, and if cash payments are made between an organization and an individual entrepreneur. Restrictive provisions also apply to penalties, penalties or damages.

So if the agreement determines the payment of an amount equal to the limit, but at the same time the legal entity must pay an additional penalty for delay, then the excess of the limit amount is paid by bank transfer.

Violation of restrictions on the amount of cash payments is considered an offense of an administrative type. Penalties are provided for both the organization and its leader.

What it is

Limit of cash settlements - a limit on the amount of money within which cash settlements between legal entities and individual entrepreneurs can be performed.

Its purpose is to limit the circulation of cash. A legal entity has the right to spend cash credited to their cash desk for paid services or goods, but subject to restrictions.

That is, the legal entity has the right:

• to issue wages to employees from the organizational cash desk;
• transfer money to the organization under the report;
• for cash within the established limit, purchase consumables necessary for the implementation of activities;
• settle with .

The cash settlement limit is valid only for legal entities and individual entrepreneurs. If one of the parties is represented by an individual, then the totality of the transaction is not limited.

Within the framework of one concluded agreement, settlements can only be performed in the amount not exceeding that designated by the Bank of Russia.

It says that individuals can pay in cash without limiting the amount.

Paragraph 2 of the same article states that legal entities and individual entrepreneurs can pay in cash, but they must comply with certain conditions. There is a strict limit for making cash payments between legal entities.

The cash limit does not apply to:

Initially, this settlement limit was set by the Directive of the Central Bank of the Russian Federation No. 1843-U dated 06/20/2007.

At the same time, the Letter of the Central Bank of the Russian Federation No. 190-T dated December 4, 2007 states that if several payments did not exceed the limit under the same contract, but the settlement limit was exceeded in the total amount, then this is a violation of a certain limit.

For violation of the settlement limit, penalties are provided for the legal entity and officials directly.

Maximum amount of cash settlements between legal entities

The maximum possible volume of cash settlements between legal entities has been established since 2007.

B defines the maximum allowable amount of cash settlement between organizations under one agreement.

The restriction applies in cases where transactions with cash payment are carried out between:

• organizations;
• individual entrepreneurs and organizations;
• individual entrepreneurs.

The limit for cash settlements between legal entities did not change in 2019, the maximum amount remained the same.

What is the limit set

In 2019, the cash limit remained unchanged. The maximum amount of cash settlements between organizations is one hundred thousand rubles for settlements under one contract.

In this case, it does not matter whether the amount under the contract is transferred in full or is given in parts. Exceeding the total amount even by a few kopecks is already recognized as a violation of the limit.

The main requirement when working with cash is reliable fiscalization. The Federal Tax Service should be able to easily verify that all due taxes have been paid on incoming funds.

When using non-cash payments, it is easy to track financial movements, all the necessary information is stored in bank databases. When accepting cash, information should be displayed in a different format.

In particular, files of fiscal memory of CCP or BSO (paper forms of strict accountability) are used for this. By law, with some exceptions, all organizations and individual entrepreneurs must use cash registers for cash payments.

An exception is the activity on or statement of the BSO. In addition, there are some types financial transactions not included in the "trade" category.

An organization that is going to implement cash payments must meet the following criteria:

• Availability ;
• possession of resources for conducting activities on special warrants;
• the presence of an officially registered CCP.

Limitation period for breach of restriction

Liability in case of violation of the cash settlement limit implies a statute of limitations.

So, according to and liable, the subject can be held within a two-month period from the moment of violation.

At the same time, the Administrative Code does not contain a direct indication of which of the parties should be held liable. Judicial practice in this case is ambiguous.

IN individual cases the courts decide on the involvement of the person making the payment. But sometimes a court decision may establish liability for the party accepting a payment in excess of the established limit.

Penalty for exceeding the limit

If a legal entity or an individual entrepreneur exceeds a maximum of one hundred thousand rubles under one contract, then this is a direct violation of the established norms.

provides for a penalty for this offense:

Often, legal entities try to circumvent the law by splitting one agreement into several contracts. The law does not prohibit the conclusion of several contracts within one day.

However, the cash limit applies to each of them. However, expediency should be guided here, it is important that essential conditions contracts were different.

Otherwise, if the conditions are the same, the concluded contracts can be recognized as formal, and all the calculations made as carried out within the framework of one contract. And this will already be a violation of the cash limit.

In a foreign organization

Are there any restrictions on settlements with foreign companies? The law on the limit of cash payments is also applicable in the interaction of Russian companies with foreign ones, when paying in foreign currency.

At the same time, this rule is valid only if the foreign organization is located outside the Russian Federation. Within the country, all payments are made exclusively in Russian rubles.

If between IP and IP

Of the innovations in force for 2019, one can note such a circumstance that an individual entrepreneur has the right to withdraw proceeds from the cash desk in any amount.

For this, it is enough to draw up, using the wording "For personal needs."

But at the same time, the largest limit of cash payments remained unchanged and is equal to one hundred thousand rubles under one contract.

That is, an individual entrepreneur has the right to make a deal for any amount with other individual entrepreneurs, if he acts as an individual.

But when drawing up an agreement between an individual entrepreneur and an individual entrepreneur, cash settlement can be carried out exclusively within the established framework.

Between individual entrepreneurs, four methods of cash settlements are considered legitimate:

• using CCT;
• through the BSO;
• without documentation in cases established by law;
• in the absence of KKM in case of application or UTII.

In accordance with all individual entrepreneurs, they are required to use cash registers, and if cash is received at the cash desk, a cash receipt is required to be issued.

An individual entrepreneur has the right not to use KKM for cash payments if:

• the accountable amount is returned;
• returns interest-free;
• charitable assistance is received.

In all other cases, individual entrepreneurs in mutual settlements are required to comply with the norms established by law and not exceed a certain cash limit.

On given time The State Duma is considering a draft law on limiting the maximum amount of settlements between individuals in the amount of six hundred thousand rubles.

But so far, these standards have not been adopted and amendments to the Code of Administrative Offenses and the Civil Code have not been made. Consequently, the limit of cash settlements requires compliance only with the interaction of legal entities.

Transactions of legal entities with individuals are carried out without restrictions.

Cash settlements between legal entities are limited. Most companies prefer to settle with counterparties in a non-cash way, transferring money from one account to another, but in some cases it is appropriate to make it in another way. Let's talk about the restrictions in force in 2019.

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Legislation

The Civil Code of the Russian Federation calls paper money a separate legal object(Article 128), they circulate freely on the territory of Russia, and restrictions can be introduced only by introducing instructions, laws and other acts.

Cash settlement is transactions carried out upon transfer paper bills. Banks do not participate in this process, but the process is recorded using a cash register.

Such payments are made in accordance with the Directive of the Bank of Russia No. 3210-U dated 2014. State bodies oblige all enterprises to have a cash register and use it in accordance with established rules.

A responsible person is appointed to keep the cash register, who must familiarize himself with the above document, since a violation will entail penalties. Cash register management is regulated federal law No. 54 of 2003.

So, when settling with individuals, all entrepreneurs and organizations are required to issue one of the following documents:

• strict reporting form (BSO);
• cashier's check.

The amount of the check is not limited if it is issued in respect of an individual.

If the client does not ask for a check, this does not deprive the legal entity of the obligation to issue it.

When setting the limit, the Bank of Russia took into account the currency in which settlements are made. In general, the regulator does not restrict the movement of foreign currency and allows settlements in it. In practice, this rarely happens.

What are the restrictions

First of all, the targeted spending of funds received by the cash desk of individual entrepreneurs and legal entities for services, works, sold goods is limited.

It is forbidden to use them for other purposes except for:

• payment of wages, maternity, hospital workers;
• issuance of accountable funds to employees (for example, travel expenses);
• return for undelivered goods or services not rendered;
• payment for goods and services.

These restrictions are stipulated in paragraph 2 of the corresponding instruction of the Central Bank of the Russian Federation. That is, organizations are free to spend their own money on their own obligations.

Entrepreneurs should only remember that spending on personal needs is limited as follows: they require registration as taxable income.

Let's give an example: an individual entrepreneur takes money from the cash desk, which he will spend on personal needs. In this case, the cashier draws up an expense order, issues funds, and the entrepreneur pays personal income tax from the specified amount.

Operations that should be carried out only at the expense of funds received by the cashier when they are withdrawn from the current account:

• under lease agreements;
• for organizing gambling;
• when issuing loans;
• at the time of buying valuable papers.

There is also a limit on cash settlements between legal entities in 2019.

The amount of the amount is limited to settlements within the framework of one contract:

• 100 thousand Russian rubles;
• the amount in foreign currency equivalent to 100,000 rubles. at the exchange rate of the Central Bank of the Russian Federation on the date of the transaction.

If the transaction involves issuing or receiving a loan, the rule remains unchanged.

It is appropriate to conclude agreements between legal entities for different transactions. Inspection bodies can study the subject of contracts if they are concluded between two identical legal entities. Sanctions will not keep you waiting if the subject in them is identical to another.

First, the deal can be recognized as formal. Secondly, the tax authority may initiate an audit due to the concealment of overpricing. As a result, the legal entity will be punished with a fine.

Another case: the movement of cash between the main enterprise and its branches and structural divisions. When issuing money, the cashier draws up an expense order of the established form. In this case, operations are not limited in any way, which is indicated in paragraph 6 of the Directive of the Central Bank of the Russian Federation.

Limits do not apply when calculating:

• with the customs service;
• with the Federal Tax Service;
• with banks in accordance with the law.

Particular attention should be paid to the documents of the cash register. They were approved by the State Statistics Committee of Russia back in 1998 (Resolution No. 88).

The list includes:

№	Title of the document	unified form	Document page format
1.	Cash receipt order	KO-1	A5
2.	Cash order	KO-2	A5
3.	Journal of registration of cash documents	KO-3	A4
4.	Cash book	KO-4	A4
5.	Book of outgoing and incoming cash	KO-5	A4
6.	Act of inventory	INV-15	A4
7.	Inventory inventory of securities	INV-16	2A4

In addition to the responsible cashier, the fulfillment of obligations for cash accounting is monitored by Chief Accountant and the head of the organization (division). Participation of other employees in paperwork and cash flow tracking is not allowed.

Let's talk about how the limit rules work within a single contract:

• if payment is made in parts, in total they should not exceed 100,000 rubles;
• the duration of the contract does not matter, even if it is concluded for several years;
• it is considered a violation and the transfer of cash through a trustee;
• the subject of the contract does not play a role in the conclusion of the transaction;
• if the amount paid for services, goods is 100,000 rubles, then all penalties, penalties, surcharges and compensations under the contract can only be transferred to the counterparty's settlement account;
• when drawing up the contract, bank details must be indicated, even if settlements are provided only in cash.

Propagation of restrictions is a special topic that requires clarification.

To whom does it apply

The Directive of the Bank of Russia, according to which cash flow is recorded, stipulates who exactly the above restrictions apply to.

The table shows the presence and absence of a limit when making transactions between different participants:

At the same time, legal entities and individual entrepreneurs draw up a transaction as follows:

• if they are a seller, they issue a check at each cash receipt, including for individuals and legal entities;
• if they are buyers, draws up a power of attorney for the employee responsible for the transaction to identify the company.

If cash is accepted at the cash desk, a credit order is issued and a cash book is filled out.

Remember, the conclusion of several contracts in one with payment in cash is absolutely legal, unacceptable if they describe one item with the same counterparty.

Liability for violation

Failure to comply with the rules and violation of the law provides for a fine in accordance with Article 15.1 of the Code of Administrative Offenses of the Russian Federation. Compliance with the Directive of the Central Bank of the Russian Federation is monitored by the tax service.

It doesn't matter when the violation was discovered. From the moment of the conclusion of the transaction, in which there is a violation of the law, no more than two months should pass.

Fines are set at the following rates:

If a violation is detected, a fine will be simultaneously imposed on both one and the other side of the transaction. At the same time, it is not divided into two. This rule is also written in article 15.1 of the Code of Administrative Offenses of the Russian Federation.

Compliance with the law and thorough familiarization with the regulatory framework is the primary task of responsible officials, including managers.

There are situations when parties prefer cash to non-cash, even with different legal status (one is a legal entity, the other is an individual entrepreneur). This is due to the convenience of conducting monetary transactions and the absence of restrictions on their conduct. But in order to calculate correctly, you need to know all the rules for such operations. Consider the features of such a transfer of funds, taking into account all the nuances that need to be taken into account.

○ What is cash payment?

This type of payment is a direct transfer of funds for goods sold or services rendered. They can be used by both legal entities and individuals.

Settlements between legal entities, as well as settlements with the participation of citizens related to the implementation by them entrepreneurial activity are made on a non-cash basis. Settlements between these persons may also be made in cash, unless otherwise provided by law.
(Clause 2, Article 861 of the Civil Code of the Russian Federation).

○ Legislative regulation of activities.

Despite the fact that the possibility of such a calculation is allowed, the law imposes certain restrictions that relate not only to compliance with the intended purpose of the payment, but also to the execution of the calculation itself. This is a documentary registration of all financial transactions, which is subject to strict reporting.

○ Obligations of the legal entity.

Cash transactions conducted with individuals require the legal entity to comply with certain rules. Their violation leads to various fines and may lead to the termination of activities.

✔ Cash register.

A cash register (KKM) is necessary when making cash payments, as well as payments using payment cards. The procedure for such transactions is regulated by the Central Bank of the Russian Federation. The issued cash receipt is a document of strict accountability, on the basis of which the financial transactions of the organization are kept. An example is the payment for purchases, in which the cashier issues a check to the buyer.

The car must be registered with the tax authorities, otherwise the company faces a fine of up to 40 thousand rubles.

✔ Cash book.

The cash book is kept according to the approved form, every year it is issued new magazine. It is filled in every day when cash transactions were carried out. It consists of two parts: an insert sheet of the cash book and a cashier's report. Unlike KKM, it is used to account not only for expenditure, but also for income transactions. Upon receipt of funds, an incoming cash order is issued, and its tear-off part is attached to the bank statement.

Debit transactions are made out by an account cash warrant. If the money is deposited at the bank, a receipt and warrant will be issued. The receipt is attached to the cash register, and the warrant to the cash book. This document is maintained by all organizations working with cash, regardless of the legal form and type of taxation (clause 4 of article 346.11 of the Tax Code of the Russian Federation).

✔ Resources for the implementation of activities.

The main condition for conducting cash payments is the ability to track all financial transactions and the corresponding payment of taxes on them. Therefore, the presence of a cash register and a cash book is strictly necessary in the presence of competent fiscalization.

In addition to the above, you must have special reports and a contract with a service center.

○ Settlement limit.

According to the Instruction of the Central Bank of the Russian Federation No. 3073-U, money from the cash desk can be spent on:

• Social payments to employees, as well as the issuance of wages.
• Payment of insurance to individuals.
• Payment for goods and services.
• Issuance of cash to the employee under the report.
• Refunds for returned goods or services not accepted by the buyer, but already paid for in cash.

Individual entrepreneurs can also spend funds on consumer expenses that are not related to business activities.

✔ Who may not be subject to the settlement limit?

In accordance with clause 5 of the Decree, cash transactions of legal entities with individuals can be carried out without restrictions both in national and foreign currencies. It follows that an individual can transfer any amount of money to the organization. In the opposite case, there is also no limit, but there are some restrictions on the goals that are prescribed in the legislation.

✔ What is not covered by the limit?

There is also no limit if paid:

• Wage.
• Social payments.
• Accountable funds.

Also, according to the Decree, the limit does not apply, in cases where operations are carried out through the Bank of Russia, customs duties and taxes are paid, and transfers are made on credit obligations. Additionally, the excess of the established amount of payments is allowed on the days of the issuance of wages, as well as on holidays and weekends that are working.

○ Punishment for non-compliance with the limit.

According to paragraph 1 of article 15 of the Civil Code of the Russian Federation, exceeding the limit is qualified as an administrative offense. If a violation is found, a fine will be imposed:

• Up to 40-50 thousand rubles for a legal entity.
• Up to 4-5 thousand rubles for the head.

Thus, cash settlements between organizations and individuals have their own characteristics, which are important to consider. Their violation can become the basis for imposing an administrative penalty.