Cash settlement is a financial transaction in which paper money is present. Such transactions are made between the population and entrepreneurs, as well as between two organizations or individual entrepreneurs, by transferring financial resources (coins or notes) from one person to another. Payment in cash is made for the services or goods provided at the time of their transfer or upon signing the contract for their receipt. This simple operation requires minimal risks, since payment is most often made between the customer and the contractor.
Who can not make cash payments
Commodity exchange is an integral part of the commercial relationship between companies. However, according to the legislation of the Russian Federation, some entities do not have the right to make cash payments. It:
- Central bank;
- individuals who do not have the status of an individual entrepreneur;
- some financial institutions;
- entities working at customs and tax inspection.
Cash payments between legal entities are regulated by federal level legal documents. This applies not only to transactions with rubles, but also to cash transactions with foreign companies in foreign currency.
Internal and external settlements
In the process of commercial activity, any company can make cash payments both within the organization itself and with other companies.
Internal deductions: remuneration of labor, payments on sick leave certificates, disbursement of money to employees for reporting, payment of dividends.
External cash payments: tax deductions, purchase of raw materials and equipment, payment of work to contractors, repayment of loans and borrowings.
Advantages and disadvantages
When choosing payment methods for goods and services, it is important to consider some nuances. For example, you need to know that cash settlement has not only advantages, but also disadvantages.
Benefits:
- anonymity (anyone can make a payment without confirming their identity);
- speed (cash payment does not take much time);
- simplicity and ease (operation is available to any citizen).
Disadvantages:
- large amounts of cash no one carries with them for fear of losing or being robbed;
- when paying for goods with money from hand to hand, various violations are not excluded.
In general, cash settlement is beneficial for the organization, since paper money has great liquidity. But since various violations (concealment of income, non-payment of mandatory contributions) are most often encountered in this segment, the tax authorities inexorably monitor transactions. They also check that the limit is not exceeded.
Limit of cash payments between legal entities
For non-compliance with restrictions on commercial transactions from hand to hand, a fine is prescribed between two organizations in the amount of 4 to 5 thousand rubles (article 15.1 of the Administrative Code of the Russian Federation) for the head and up to 50 thousand rubles for the organization. If a violation is detected within 2 months from the date of the transaction, the tax inspectorate imposes a penalty. Moreover, sanctions can be imposed on both the contractor and the recipient.
It is important to understand that the cash settlement limit is valid for only one contract. However, organizations do not always conclude an agreement on paper. Sometimes suppliers simply bill, and then send the goods on the invoice. This situation is provided for by law and is considered a purchase and sale transaction, therefore, when paying in cash, the parties must comply with the limit. In this case, the invoice issued by the supplier is an offer and is considered as an offer to conclude a contract. If the recipient has paid the bill, then he agrees to the terms of the agreement (clause 3 of article 434 of the Civil Code of the Russian Federation).
In other words, the organization can carry out cash settlements with suppliers of goods or services, but the total amount of the bill should not exceed 100 thousand rubles. If the company makes payment on several invoices that do not contain a reference to the contract, then the tax can calculate the total amount of deductions. If an excess of the limit is detected, penalties may be applied to the organization.
Important! To avoid punishment, you can prove through the court that these were different transactions. But it is better if payments between legal entities in cash do not exceed the limit of 100 thousand rubles.
How to avoid a fine with the same type of agreement?
If the organization enters into the same agreements with the supplier and makes several payments, each of which does not exceed 100 thousand rubles, then the tax authorities may impose a fine for exceeding the limit. They consider the total amount of payments, although under the law they should consider the deductions for each contract separately. In court, you can prove that these were different agreements.
Important! To avoid penalties for making cash settlements with one counterparty when purchasing goods or services, several agreements with different conditions should be concluded. If this is a loan agreement, then it is important to prescribe different conditions for repaying a loan, etc.
How to comply with the limit when calculating between organizations
So that the payment of services or goods for the company does not end with penalties, it is important to know the laws.
According to the instructions of the Central Bank of 2013, the limit on cash payments between legal entities within the same transaction cannot exceed 100 thousand rubles. To conduct monetary transactions between business entities, it is necessary to correctly fill out the accounting documentation: credit orders, cash books. Correctness of paperwork is checked by the tax organization.
The limitation of the transaction amount is also valid for individual entrepreneurs if they make cash payments to each other. If the funds are required for the personal needs of the businessman, then, according to the direction of the Central Bank, they can be issued to him in any quantity.
Commercial settlements between organizations and individuals
Commercial relations between entrepreneurs and individuals do not have statutory limits. The company can receive from its customers any amounts for goods or services rendered. But sales revenue should give up on a daily basis. Also, the organization has the right to independently determine the size of internal payments in cash at the following points:
- wage;
- insurance payments;
- payment of sick leave;
- business trip;
- social payments;
- payment for services;
- personal needs of the leader;
- loans.
At enterprises making payments in cash (payment for goods or services, payment of money to employees), there should be a cash register. Individuals (IEs) working on a simplified taxation system must accompany the transaction with a check. To conduct monetary transactions between two organizations or individual entrepreneurs, it is necessary to correctly maintain accounting documentation, to correctly fill in receipt orders and cash books. The accuracy of the documentation is checked by the tax organization.
What else you need to know to avoid sanctions
If the term of the contract between the companies has expired, and payments continue, the cash payment limit must be observed. For example, the buyer received the goods, but did not pay it (or did not pay the full amount) before the expiration of the contract. In this case, exceeding the limit of 100 thousand rubles will entail a fine.
It is also important to remember that the restriction must be observed in any settlements under a specific contract, for example, in the payment of interest or forfeit. If the agreement has already been drawn up at the maximum amount, then another agreement should be drawn up to pay interest or interest.
If several organizations participate in the contract, then all of them are responsible for the transaction and all must adhere to the established limit.
When an agreement is signed to rent out a property for a long term, it is also important to comply with cash settlement limits. If the full amount of the rental payment exceeds the norm, then several contracts should be drawn up so as not to violate the law.
Sometimes the limit on cash payments is confused with one contract and daily limit. An organization can make cash settlements from the cash desk with different entities every day, but it is important that no more than 100 thousand rubles are paid under one contract.
How to keep the limit when paying dividends
When paying income on shares (bonds) to legal entities, the same restriction must be observed. It is best for the parent company to pay dividends in cash within this amount, and it is better to make a payment by bank transfer. But, as a rule, the company does not pay income on securities not on the basis of an agreement, but according to the minutes of the meeting. Therefore, many firms believe that the limit is not necessary in this case. The tax inspectorate argues differently, because dividends do not apply to deductions to which the restriction does not apply. In order to avoid fines, dividends should be paid in cash to the founder in the range of 100 thousand rubles.
Attention! The limit should be observed when making settlements between legal entities. If the founder is an individual, then according to the current legislation (instruction of the Central Bank of the Russian Federation of October 7, 2013 No. 3073-U), he can be given any amount in cash. An organization may also issue money to an employee for a report in any amount. If the employee purchases equipment on them or pays for the services of the organization, then cash should be settled exclusively within the established limit.
How to execute commercial transactions
To pay in cash by law, another legal entity will need:
- an agreement drawn up in the prescribed form;
- invoice and certificate of work;
- cash or sales receipt;
- cash settlement order.
The sales transaction itself should also be noted in the CCV.
It is important to know that to impose a fine and indict a violation of the law, the tax inspectorate can only within 2 months from the date of the transaction. After this time, the statute of limitations of the offense ends.
Conclusion
One operation between two companies, an organization and an individual entrepreneur or between two entrepreneurs by cash payment should not exceed an amount of 100 thousand rubles. This restriction does not apply to certain internal payments and to commercial relations with individuals. If the organization expects to conduct monetary operations with the established limit, it is better to open a bank account in the bank and do this by bank transfer.