Business is against reducing the use of cash registers
In July, the Verkhovna Rada of Ukraine registered draft laws №3853-1 and №3853-2, which propose to repeal progressive legislation aimed at de-shadowing the economy and improving consumer protection by gradually expanding the scope of use of cash registers and their software alternatives, as well as providing the buyers with the possibility to receive the so-called “cashback”, partial compensation of the cost of purchased goods or services in case they receive a fictitious fiscal check.
These positive novelties were actively supported by the Association and were adopted in September last year (Laws №128-IX and 129-IX). However, their entry into force was somewhat delayed due to anti-crisis measures in Ukraine aimed at facilitating business conditions for small businesses. However, it should be noted that all business entities have the possibility to use free software for payment transactions recorders (SPTR), which can be downloaded to the phone or any other device.
According to the State Tax Service, almost 400 businesses have used free software solutions from the State Tax Service and registered 32.2 thousand SPTRs in just the first month of operation of this system. Thus, transparent entrepreneurs now have every possibility to comply with the legal requirements for the mandatory use of PTR or their software alternatives without attracting additional funds for the purchase and maintenance of traditional cash registers.
Besides, draft laws №3853-1 and №3853-2 propose to abolish the requirement for the mandatory use of cash registers in the sales of household appliances and electronics.
The EBA Consumer Electronics Committee strongly opposes such a proposal, as it could lead to further growth of the illegal market in Ukraine, which, according to the GfK study, already amounted to 23% or 20.5 billion hryvnias in 2019. Illegally imported equipment is not only imported and sold in Ukraine without paying proper taxes and customs duties but also often does not meet the legal requirements for safety and quality, may not be subject to warranty service and pose a danger to citizens.
The EBA experts of the Association consider the mandatory use of cash registers and the issuance of fiscal checks to customers as one of the mechanisms to solve the problem of illegal imports. However, the fine of 1 hryvnia for failure to issue a fiscal check in no way encouraged unscrupulous entrepreneurs to use PTRs and pay taxes. That is why the EBA actively supported the introduction of a cashback mechanism, which will encourage customers to ask for fiscal checks and the verification of their authenticity. At the same time, companies are drawing attention to the need for some improvements for the full operation of the SPTRs in e-commerce. Therefore, we propose to the State Tax Service of Ukraine to hold a meeting to discuss the possibility of the implementation of such requirements.
The European Business Association appeals to the Chairman of the Verkhovna Rada of Ukraine, the heads of the relevant Parliamentary Committees and Ministries, and all key stakeholders with a request not to support the adoption of draft laws №3853-1 and №3853-2. We hope that the application of the cashback mechanism, which launch is scheduled for January 1, 2021, will not only foster the de-shadowing of Ukraine’s economy but also create civilized conditions for sales activities according to the best European standards.
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