Can legal entities make cash payments? All about cash payments between legal entities. Restriction on cash turnover

What is the cash settlement limit at the moment and how to reflect the excess of the limit in accounting.

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Cash payment limit

The maximum amount of cash payments is 100,000 rubles. This restriction applies to cash payments:

• between organizations;
• between an organization and an individual entrepreneur;
• between individual entrepreneurs.

Settlements with the participation of citizens are carried out without limiting the amount. That is, a company or an entrepreneur has the right to receive or transfer cash to citizens without restrictions and not to comply with the limit of cash payments.

What is not covered by the cash limit?

Unlimited cash can be spent in the following cases:

• salary payments;
• payment of accruals of a social nature;
• issuance of money under the report;
• spending funds for the personal needs of the entrepreneur, provided that the payment will not be directed to his entrepreneurial activity.

On one cash day, it is allowed to carry out transactions with the same counterparty in the amount of more than 100 thousand rubles. For example, when paying under several contracts no more than 100 thousand rubles under one contract in one day. This follows from paragraph 6 of the instruction of the Central Bank of the Russian Federation dated 07.10.2013 No. 3073-U. Quote: "Cash settlements in the currency of the Russian Federation and foreign currency between the participants in cash settlements within the framework of one agreement concluded between the indicated persons."

If the subject of the contract and all other conditions remain the same in other contracts, then it is likely that the court may recognize such contracts as “one contract”.

Penalty for violation of the cash settlement limit requirement

If a legal entity or individual entrepreneur exceeds the amount of 100,000 rubles under one contract, then this is considered a violation of the procedure for working with cash. For this, a fine is provided under article 15.1 of the Code of Administrative Offenses of the Russian Federation. For organizations, its amount ranges from 40,000 to 50,000 rubles. For a responsible employee (official) - from 4,000 to 5,000 rubles. Inspectors have the right to hold the organization accountable within two months from the moment of violation (part 1 of article 4.5 and subparagraph 6 of part 1 of article 24.5 of the Code of Administrative Offenses of the Russian Federation).

According to the Code of Administrative Offenses of the Russian Federation, administrative liability is provided for exceeding the limit of cash payments. And for both buyers and sellers. Cases related to violation of the cash limit are considered by tax inspectorates (Article 23.5 of the Code of Administrative Offenses of the Russian Federation). The tax office has the right to fine both the buyer and the seller. Because participants in cash payments are both the payer and the recipient, which means that both are responsible for the violation (Article 15.1 of the Code of Administrative Offenses of the Russian Federation).

We recommend the express course Contour. Schools "". The training will help you put documents in order when working with cash registers, including when using online cash registers, and work correctly with the cash limit. You will be able to establish error-free work with cash registers and strict reporting forms, draw up a local regulatory act on cash discipline, which will help you pass inspections without penalties.

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 the 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 aforementioned document, an individual entrepreneur has the right not only not to set a limit on the cash balance at the cash desk, but he can also choose the terms for depositing cash at 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 authority to take the required amount of 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;
• settlements on 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 to your employees under the report, it would be useful to familiarize yourself with the current changes in the legislation.

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 matter, 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.

At the very beginning, I would like to note that the Civil Code of the Russian Federation does not prohibit making cash payments, if this does not contradict the norms adopted by law. Next, we will consider all the nuances of cash settlements both between individuals and legal entities.

What is the cash limit

The state, represented by the Central Bank of Russia, has set a limit on cash settlements. The normative act, on the basis of which the law determines the procedure for settlements, is the Instruction of the Central Bank of the Russian Federation dated 07.10.2013 No. 3073-U. This document replaced the Directive No. 1843-U of June 20, 2007, which was in force before it, with some significant changes made to it.

But the maximum limit for settlements using cash has not changed - within the framework of one agreement between the settlement participants, it is 100,000 rubles. (or the corresponding amount of currency, according to the current exchange rate of the Central Bank).

NOTE! The ban on exceeding this figure applies regardless of whether you pay money or receive it. But in case of detection of violations, the party accepting the excess cash is considered responsible.

Limited Settlement Participants

To whom does this restriction on the acceptance and transfer of cash apply? It is impossible to transfer amounts exceeding the one hundred thousandth limit between:

• legal entities;
• organizations and private entrepreneurs;
• individual entrepreneurs (IP).

Individuals can exchange cash without restrictions. The settlement of enterprises with individuals without entrepreneurial registration is also not limited.

SUMMARY: the table shows couples in whose employment relationship the cash limit is or is not mandatory.

nearest forecast

In order to make transparent control over expensive purchases of ordinary citizens (real estate, cars, jewelry), the Ministry of Finance of Russia took the initiative to establish a maximum amount for cash payments between individuals. The amount for cash settlements under one contract between individuals is planned to be 300,000 rubles. The changes that are going to be made to Article 861 of the Civil Code of the Russian Federation also provide for punishment in the form of a fine in the amount of the exceeded limit. It was planned that the changes would come into force from the beginning of 2016, however, this project has not yet been considered by the State Duma.

When can you not think about the limit?

The established limits on the amount of cash do not apply:

• when paying wages;
• with social charges, insurance payments;
• when issuing accountable funds;
• at personal expenses of the business owner, the money for which is taken from the cash desk.

The Instruction of the Central Bank also provides additional types of calculations where you do not have to worry about the cash limit:

• operations with the help of the Bank of Russia;
• customs payments, taxes and fees;
• loan payments.

IMPORTANT INFORMATION! The new edition of the Central Bank Directive has an innovation that plays into the hands of banks, but is not entirely pleasant for entrepreneurs. It is impossible to take cash from the cash desk for purposes not mentioned in a special list: first you need to transfer the proceeds to the bank, and then take the required amount from there. At the same time, the bank will receive interest for both operations, the state will receive additional control over the movement of funds, and the entrepreneur will receive another complication. However, "Dura lex sed lex" ("The law is harsh, but it is the law").

If the cash desk of an enterprise or an individual entrepreneur received amounts not from their current account, but from other sources (revenue, loans, return of unused accountable funds, etc.), then take cash from this money for settlements that are not included in the list of the Central Bank, not allowed.

Framework of one contract

An important clarification regarding the cash limit is that it cannot be exceeded within the framework of one contract.

A contract is a document about an agreement between persons (legal and / or natural) on certain actions designed 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, while the features of its conclusion are not taken into account.

1. Contract type. It doesn’t matter what the contract is about – about a loan, supply of goods, payment for services – the declared value for cash payment cannot be more than the limited one.
2. Terms of the contract. Even if the contract involves a long calculation, it is impossible to exceed the specified amount.
3. Frequency of payments. Installment or other cash payments, divided under the agreement into several parts, each of which is less than the limit, will not be valid if their amount exceeds 100,000 rubles.
4. Additional obligations. If the agreement has an additional agreement or obligations arising from it, for example, penalties, fines, penalties, compensations, they cannot be paid in cash if a limited amount has already been paid under this agreement.
5. Decor. One document or exchange of papers between the parties - it does not matter, the total obligations cannot be more than one hundred thousand in cash.
6. Calculation method. Will an authorized person bring the money, will they be issued at the box office - more than 100,000 rubles. "in one hand" is not issued.

Possible combinations

From the text of the Instruction of the Central Bank it follows that the restriction on the "cash" applies to actions under a single agreement without a limit on time and number of operations. Let's consider cases when it is allowed to settle in cash in excess of the established limit between legal entities and / or individual entrepreneurs:

• several concluded agreements, even on the same day, can together amount to any amount of cash (but each individually should not exceed the limit);
• an agreement for an amount greater than the established one allows you to pay in cash up to 100,000 rubles, and the rest must be paid by bank transfer;
• An individual entrepreneur can take money from the cash desk for his own needs in such an amount as necessary (this does not need to be drawn up in a separate agreement, but only).

The violator will pay more

The Civil Code of the Russian Federation in paragraph 1 of Article 15 defines the excess of the limit of cash payments as an administrative offense. If it is revealed by an appropriate check, then the party that accepted the cash in excess of the measure will be fined. Sanctions will affect not only the company itself, but also the oversighted or abused leader:

• a fine to a legal entity - up to 40-50 thousand rubles;
• a fine to the head - up to 4-5 thousand rubles.

NOTE! The period during which one can fear liability for this offense is 2 months from the date of signing the relevant agreement.

It is worth being very careful when signing contracts, studying all the articles on which funds will move before making a decision on cash payments.

In the activities of any organization there are monetary calculations. In practice, most often they take place in a non-cash format. It's fast, convenient and there are no restrictions. But it also happens that a legal entity has the opportunity to pay only in cash. In this case, it is necessary to take into account what limits for legal entities are set for cash settlements.

What is the cash limit

The limit on cash payments is regulated by law

It is legally fixed and in the current year 2019 the maximum amount of settlement between legal entities and an individual entrepreneur equivalent to them remains unchanged. It is 100,000 rubles, subject to settlements within one contract.

If calculations are made in another currency, then when transferring at the current exchange rate, the amount should not exceed the previously indicated one.

It is important to know that if the transfer amount exceeded the allowable amount, or, conversely, more than 100,000 rubles were received on the account, then this will be considered a violation. Moreover, the person who receives money in excess of the limit, and not the organization that transferred the funds, will be found guilty.

Participants of limited settlements

Restrictive sizes for such calculations exist only for legal entities and individual entrepreneurs

The activity of various subjects of economic relations is extensive and, alas, the law is not always observed in the course of various transactions. The limit on settlements is necessary just to suppress "shadow" transactions and control the payment of taxes.

Unlike legal entities, cash settlements between individuals are not limited in any way, just as they are unlimited when individuals interact with individual entrepreneurs or legal entities.

For what purposes can I spend cash

For the normal functioning of the organization or the work of the IP, financial support is required. Instruction N 3073-U regulates the purposes for which any company has the right to spend cash directly from the cash desk. These goals are:

• payment of salaries and other social payments to employees;
• payment of insurance;
• different consumer need;
• payment for goods;
• refund in case of non-performance of work or provision of services;
• issuance of accounts payable.

Payments under one contract

It was mentioned above that restrictions of 100,000 rubles are set for settlements under one contract. If several contracts are drawn up with the amount of each not exceeding the allowable value, then such a transaction can still be considered illegal when the total value of all contracts exceeds the limit. According to the same principle, installment payments exceeding the above limit are not allowed.

What are the penalties for violating the restrictions?

If there is a law, then there is responsibility for its violation. In this case, for exceeding the limit, an administrative penalty is provided with a penalty in the form of a fine. At the same time, not only a legal entity, but also its head, as a private entity, who committed a violation of the law, falls under the fine.

A fine on a legal entity is imposed in the amount of 40-50 thousand rubles, on the head - ten times less: 4-5 thousand.

Of course, for a large company, such a fine amount will be quite insignificant, but for a small individual entrepreneur it is very significant.

Note that if a violation is detected, there is a certain statute of limitations for considering a crime. It is 2 months from the date of signing the contract, according to which the restrictions on cash payments were exceeded. If the criminal fact has not been revealed after this time, then the organization may forget about the fine. In any case, before signing the contract, you must carefully study all its conditions, and try not to violate the law.