Instruction

All other goods that are not included in the above list, you can or exchange for others. You have 14 days to do this. To exchange goods, present the receipt for the purchase, the goods themselves, your passport. At the same time, the original packaging and appearance must be preserved. There must be no defects or traces of use. If there are any, the seller may refuse to return you.

If you think that the law is on your side, and the seller refuses to exchange or return the goods, you can make your claim in writing. Write it in 2 copies, on one of them the store employee must put a mark of acceptance. If your claim is refused on the spot, you can send it by registered mail with notification to the address of the organization. Do not confuse with the address of the store, because. the organization can be registered in a completely different place. Within 10 days, the store administration is obliged to respond to you. If the decision is negative, you can go to court.

Helpful advice

All legal costs in cases of consumer protection are paid by the defendant, i.e. seller. No state fee is payable for such claims.

You can return the defective item to the store and get your money back. But purchases in the market are considered extremely risky transactions, since there is an opinion in society about the dishonesty of local sellers. However, these outlets are no different from ordinary stores, and consumer rights must be respected in any place.

Instruction

Go to the seller and try to him. If you have a sales or cashier's check, returning the goods should not cause problems. The absence of this document is not a reason for refusal. A conscientious seller will return if no more than 14 days have passed since the purchase, even if you simply did not like the product, not to mention cases when the item is defective.

Go to the administration if the seller refuses to return the money for the goods. Ask for a complaint book and describe your problem there, indicating the number of the stall and full name. seller. Write your own or, as the administration should notify you of the measures taken in relation to the seller.

Write a claim, where you indicate why you want to return the goods, and note that the seller did not meet you on this issue. Be sure to specify that in case of violation of your rights, you will be forced to go to court and demand not only a refund, but also compensation for moral damage.

Find witnesses to your acquisition, relatives or acquaintances. You will need their presence if there is no check. Then the claim must indicate the passport details of the witnesses.

Conduct an examination of the product if you doubt its quality. Such expenses should be borne by the seller, and if the marriage is proven, the guilty person will have to reimburse your expenses.

If the recognition of marriage by an expert did not force the seller to return the money, go to court. Write a statement, attach a claim, a seller, or a notice of receipt of a letter, check or testimony of witnesses and the result of the examination.

If you are poisoned by products from the market, call, fix the disease and list the products that you consumed. If you have not spent the entire purchase, hand over the goods for examination to the sanitary and epidemiological supervision. The seller will have to return the money even if you have used the product.

Sources:

• Society for the Protection of Consumer Rights

The main proof of purchase in the event of a dispute with the seller is a check. But even if it is missing, you have the right to return the goods in accordance with the rules established in Russian law.

Instruction

Specify whether you have the right to exchange the purchased for money or for similar products. You can do this if the product turned out to be of poor quality. It is also acceptable in the event that the product simply did not suit you. But in this situation, at least fourteen days must pass from the date of purchase, and the returned item must not be on the list of goods not subject to exchange. They include underwear, medicines, printed publications, and a number of other things.

Contact , taking with you the item you want to exchange. It is also advisable to have its branded packaging with you. Explain the situation to the seller, not forgetting to mention that you do not have a check. In case of refusal by the employees and the management of the store to pick up the goods, contact the consumer protection service. There you will be given advice by lawyers specializing in such conflicts.

Helpful advice

If possible, try to negotiate with the store without involving the court and other authorities. Proceedings take a lot of time, besides, if we are talking about a small amount, you can spend more money on the court than the goods themselves cost. In some cases, the involvement of the local press can help resolve the conflict. In a number of regions there are television programs devoted to consumer rights. By contacting there, you will get a chance to solve the problem due to the unwillingness of the store to disclose conflicts with customers.

Return only if there is a package and a cash receipt - this wording sounds familiar to most consumers. However, there are those who know that defective goods can be returned to the seller, even without a receipt confirming the purchase.

Instruction

If you want to return an item without a receipt, remember how long ago you purchased it. Items you don't like can be returned to the store within two weeks of purchase. But subject to the safety of the packaging and presentation of the product. This means that the item should not be worn or used even once. You can legally return a defective purchase within a month. And for some types of goods, the return period is extended up to 2 years.

Article 25 of the Law "On Protection of Consumer Rights" states that even if you do not have a cash receipt, you can safely go to the store to return the goods that do not suit you. However, in order to be taken seriously, you must be a witness to the fact that you made a purchase in this particular store. It can be either your friend or a relative who helped you choose a thing and remembered the very fact of the purchase.

If there are no witnesses, the store's branded packaging (bags, etc.), labels and tags, etc. will be suitable as evidence. The serial number of the product, recorded in the certificates of the store, is also suitable. In general, try to use as much information as possible to prove that the item was purchased in this store.

It is easier for those who made a purchase via the Internet. After all, before the buyer receives his order, all actions related to it (delivery, payment, etc.) are recorded in the Internet correspondence with the customer. Typically, a letter from the seller includes the serial number of the product or its article, size, color, model range, etc. And even if you have not saved the check, you can easily rely on this electronic data.

note

Remember that there are a number of goods that cannot be returned, even after quoting the entire Consumer Protection Act to the retail outlet staff. This list includes personal care products; complex electronic equipment, such as a computer; Perfumes and cosmetics; medicines and other medical preparations; underwear; hosiery; jewelry; textile; household chemicals; motor transport; household furniture; weapon; animals and plants; technically sophisticated equipment.

Helpful advice

If you purchased the product the day before the return, and the store administration does not want to meet you, you can legally demand that you withdraw the cash register for the past day. Cash registers duplicate each check, so you can easily find the twin brother of your lost financial document.

An absent-minded shopper who has lost a receipt may well buy back to the store. For example, if the thing did not fit in size or just do not like it. The main thing is to have time to abandon unnecessary purchases within two weeks. It is also desirable to study the 25th article of the law "On Protection of Consumer Rights". Not all sellers are willing to meet the needs of the client - it is often possible to return the goods without a receipt only by being persistent.

Instruction

Study the Decrees of the Government of the Russian Federation of October 20, 1998 No. 1222 and of February 2, 2002 No. 81. They contain a list of goods that, due to “didn’t fit”, should be returned back to the seller. It has 14 items. Among them are medicines, underwear, toothbrushes, and cars.

If your purchase is not included in this list, feel free to return to the store. Take your passport with you. There is no clause in the law obliging the seller to present this document. But without it is possible

Tip 10: In what cases can I exchange a quality product?

In practice, it is quite difficult to exchange a product without defects or return the money paid for it, since sellers, not seeing violations of consumer protection legislation on their part, are reluctant to meet the buyer. However, if you know your rights and show integrity, it is quite possible to protect your interests without unnecessary delay.

Every customer needs to know their basic rights under the Consumer Rights Protection Act. These include:

The right to goods of good quality;

The right to a safe product and to information about how to use it, so that it remains safe for both the consumer and others;

The right to information in Russian about the manufacturer and method of production, license number, etc. (moreover, in order to obtain such information, the seller does not have the right to send the buyer to the main office or to the official website, the information must be available at the point of sale).

Violation of these rights entails the liability of the seller in the form of the need to compensate for all losses of the consumer. So, under what conditions can a consumer exchange a product, the quality of which there is no reason to doubt?

Firstly, the possibility of such an exchange exists only in relation to non-food products that are not in the List approved by Decree of the Government of the Russian Federation dated January 19, 1998 No. 55. That is, such goods as: personal hygiene items, household chemicals, furniture, cars are not subject to exchange , industrial machines, computers, air conditioners, etc. They can only be exchanged if defects are found in them.

Secondly, the basis for the exchange should be: non-compliance of the goods with the interests of the consumer in terms of shape, dimensions, style, color, size or configuration.

Thirdly, you can contact the seller with a request to exchange the goods only within two weeks from the date of purchase, including weekends and holidays.

Fourthly, to confirm that the product was not in use, seals, labels, labels must be preserved on it, the product must not be damaged or soiled, etc.

Fifth, the buyer must be able to confirm payment for the goods (document or testimony).

It should be noted that the consumer is limited in the way to protect his interests in the case when a high-quality non-food product did not suit him - he can only demand from the seller an exchange for a similar product. And only in the absence of such a product at the time of applying for an exchange, the consumer can return the money.

If the consumer returns the goods, the seller must return the amount paid to him within three days.

By agreement between the parties to the contract of sale, the buyer may, but is not obliged, instead of returning the cost, to wait for the appearance of a similar product from the seller.

It will not be superfluous to complete the entire exchange procedure or draw up such documents as: an act of transferring the goods to the seller, an act on the absence of goods of the required size (color, style, etc.), a claim for the return or replacement of goods.

These documents are drawn up in any form, indicating the details of the seller, buyer, date of sale and return of goods, date of compilation, etc.

Surely, many people have expensive things or appliances at home that were bought spontaneously or donated, and “lay down” on the shelf. There is no reason to return - there is no marriage, the size, the list of options correspond to the technical specifications. In fact, the law provides for the possibility of returning a product that does not fit in any way or simply does not like it. How to do it?

How to return a product of good quality

The Law on the Protection of Consumer Rights of the Russian Federation includes not only the rules for the return of defective goods, but also high-quality ones. It even gives a clear explanation of which product is considered to comply with the quality rules and which is not.

Important: A product (product) of good quality is one that exactly matches the description given by the manufacturer.

Within two weeks, not counting the day of purchase, you have the right to contact the store where it was purchased, with a request to return it. Valid arguments could be:

• mismatch of dimensions (dimensions) to your expectations,


• features of style, colors, if it is clothing,


• lack of the option you need (household appliances).

Important: Before you request a return to the store, decide what you don't like and what you don't like - you will be required to indicate the reason on the application form.

The store has the right to refuse your request if the product has clear signs that it has been actively used. Perfect option:

• you have a receipt confirming the purchase and a strong argument for its return,


• the tags of the manufacturer and the seller are preserved on the goods,


• the original (trade) appearance is preserved,


• the packaging is not damaged, the equipment has not changed (household appliances).

Return policy - do no harm

You can only return a product that is not , to the outlet where you bought it. Attempts to do this in another store of the same network will not be successful, even if you have a receipt.

Important: There is a seller's signature on the cash register or sales receipt - electronically or by hand. Return is possible only if it is. Check it out when buying an expensive item.

Another important point - do not behave aggressively. You have every right to return, the seller knows about it. And the fact that he carefully examines the product, checks its quality or package, means only one thing - he does his job.

After the inspection, you will be asked to fill out an application form, where you will need to indicate your details and explain the reason for refusing to purchase. In most cases, if all the rules are followed, the procedure takes no more than 15 minutes.

Important: Of great importance is how exactly you paid for the purchase - with a bank card or in cash. If it was a non-cash transaction, then take your card with you - the funds will most likely be returned to your account.

Posts: 4 Contact by name Quote selection | Quote According to article 493 of the Civil Code, a retail sale contract is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods. The buyer's lack of these documents does not deprive him of the opportunity to refer to testimonies in support of the conclusion of the contract and its terms. In accordance with paragraph 1 of Art. 2 of the Federal Law of May 22, 2003 No. 54-FZ “On the use of cash registers in cash settlements and (or) payments using payment cards” all organizations and individual entrepreneurs when selling goods, performing work or providing services for cash or using payment cards are required to use cash register equipment included in the State Register.

Is it possible not to issue a check to the buyer?

On the second copy, you must receive a mark of acceptance of the claim: the signature of the person who accepted the claim, its transcript (last name, first name, patronymic, position), date of acceptance, seal or stamp of a legal entity (or individual entrepreneur). The presence of a seal (stamp) on a claim is not necessary - the courts, in most cases, consider the fact that the claim was served without it as proven.

Info

The claim can be sent by mail, and always by registered mail with acknowledgment of receipt and with an inventory of attachments (make an entry in the inventory - a claim with such and such requirements). Documents received from the mail (check, inventory of attachments, notification of delivery) must be kept - they will be proof that the addressee has received your claim.

What to do if you are sold expired products

Can I expect compensation? The most difficult thing in this case is to prove that the milk from this particular store ruined the clothes (or, for example, flooded the smartphone in the bag), experts say. You should start proving with photographic fixation of damage - take a picture of the milk packaging, check, damaged property. You will also need an expert opinion that the cause of the spoilage was milk, and a check from a dry cleaner or a service center - you need to provide maximum evidence. Of course, the easiest way to do this is if the incident occurred in the store itself, for example, when you removed milk from a shelf or put it on a tape .

In this case, you need to start proving already in the store - fix damage, find witnesses to the incident, etc. When paying for the purchase, you were not given a receipt. how to protect your rights? Such tests are required to be carried out by the manufacturer, but conducted poorly.

Penalty for not issuing a check

Failure to issue a check is one of the most widespread violations in trade. The reason is clear: tax evasion. The check is printed by KKM - a cash register.

At the same time, fiscal information about the received amount remains in the KKM memory. Entrepreneurs do not have the right to change the memory of KKM and cannot do this (at least in theory).

Attention

If the check is not issued, then there is no fiscal amount in memory. But since 2006, unfortunately, consumers have lost this right and are forced to contact the service center.

However, there are a number of grounds on which the buyer can still demand a refund from the seller for the marriage: if the defect cannot be eliminated at all or within the period established by law (14 days), and also if the next breakdown is identical to the one that has already been. In your case, you have the right to refuse a protracted repair.

No need to listen to any excuses - it's not your problem.

Where to complain about the sale without a receipt

This document can serve as a sales receipt, receipt or other form. The document must contain the following information:

• FULL NAME. entrepreneur or organization name,
• TIN of the seller,
• Document number, date of issue,
• Name and quantity of goods or services purchased,
• purchase amount,
• FULL NAME. and the position and personal signature of the person who issued the document directly.

In the case of the sale of a number of goods and services included in the list of the All-Russian classifier of services to the population OK 002-93, approved by the Decree of the State Standard of Russia dated 06/28/1993 N 163 (in particular, repair of household appliances, transportation of passengers and goods, car maintenance, etc. .) instead of a cash receipt, strict reporting forms are used. It is these documents that must then be issued to the buyer.

Where to complain if sold without a receipt

Instruction 1 You will still have to prove the purchase of goods from a particular seller. The testimony of witnesses, packaging with the seller's logo, the serial number of the goods, photo or video filming of the purchase process, etc. will be enough.
As a rule, in the markets, when returning products, the seller knows the shortcomings of his product and, when contacting him on the day of purchase, he readily returns money for a low-quality product or thing. 2 Contact the seller by showing the product. Orally ask for a refund. In case of refusal, make a written claim, listing and attaching all available proof of purchase, including phone numbers and names of witnesses. Keep your requirements short and to the point. The claim must be written in two copies, one - to the seller, the second remains with you with the following notes: date, signature and stamp of the seller on acceptance of the claim.
Today we do not have such an opportunity. According to the new decree of the Cabinet of Ministers, which has come, our departments are not even provided for in Kyiv. They are in the Decree of the President, their existence is stipulated in the law, but not in the resolution of the Cabinet of Ministers.”
It turns out that the department can act only upon the fact of a complaint, and it has no right to prevent a violation in advance. Therefore, citizens should be very careful when buying goods.

It is better not to save money, but to purchase goods at a licensed point and with a quality guarantee. How to protect your rights in the supermarket The "Law on the main provisions of state control" also came into force.

This means that in order to check some enterprise, we are obliged to warn this enterprise 10 days in advance. This is a huge minus, since we can't catch anyone hot. Everything can be fixed in 10 days. After all, we check only what is indicated in the complaint.

Sold goods without a receipt where to complain

Law "On Protection of Consumer Rights"); if you claim damages, you must attach documents confirming the amount of damages caused to the claim (check, and if you were poisoned by an expired product, a certificate from a doctor and a check for medicines); - indicate which documents are attached to the claim (a copy of a sales or cash receipt, etc.). - the claim can also mention the intention to apply to Rospotrebnadzor or to the court to protect their rights if the seller refuses to voluntarily satisfy the claim. - Full name, signature of the applicant and date. Sanctions removed expensive products from Russian stores - Rospotrebnadzor The claim must be prepared in duplicate.

The claim can be handed over personally, having arrived at the store. One copy must be handed over to the seller, administrator or other authorized person (the head of the legal entity is not obliged to accept the claim personally).

For non-issuance to the buyer of a document confirming the transfer of money, at his request, a fine is provided under Art. 14.5 of the Code of Administrative Offenses of the Russian Federation. If the buyer did not demand this document, then the seller may not issue anything.

For management accounting and control of cashiers, instead of cash registers, an individual entrepreneur can use a POS system without fiscal functions. If a check must still be issued If the seller is not exempt from the use of a cash register, then checks must be issued at each sale.

• Use UTII as a tax regime.

After the purchase, the inspector draws up the results of the inspection (Letter of the Tax Service dated 03.28.2006 N MM-6-06 /). The document drawn up based on the results of the purchase is a confirmation of the sale of goods and can be used to prove a violation committed by the seller in terms of non-fulfillment of the obligation to issue a cash receipt (question 15 of the Review of Judicial Practice of the Armed Forces of the Russian Federation No. 2 dated June 26, 2015).

Responsibility for non-issuance of a cashier's check of the Code of Administrative Offenses in part 6 of Article 14.5 states that the refusal to issue a check to the buyer at his request entails a warning or a fine:

• IP - 2000 rubles;
• officials - 2000 rubles;
• organizations - 10,000 rubles.

Consequently, for the seller in the situation provided for by Part 6 of Article 14.5 of the Code of Administrative Offenses, failure to issue a cashier's check will entail a fine.

Whether a cash receipt is issued to customers in your trade enterprise or not is what the tax inspector will first of all pay attention to during the audit. And if the buyers of the store do not have a cash receipt, then both the cashier and the unscrupulous entrepreneur will face trouble, fines, and administrative liability. Read our article about the rules for issuing checks in retail and online stores.

As you know, every individual entrepreneur, legal entity, and in general, any business entity, regardless of its organizational and legal form, is obliged to observe cash discipline. Control over observance of cash discipline in the company is carried out by inspectors of the Office of the Federal Tax Service during on-site inspections.

The tax authorities have the right to check the correctness of maintaining the cash book, filling out receipts and debit orders, settlement and payrolls - that is, all documents related to the movement of funds in the organization.

And in addition to scheduled inspections, which the business owner will know about in advance, the tax authorities can “visit” the store unscheduled and check whether your cashier will issue a fiscal cash receipt to the “mystery shopper-inspector” during the test purchase or “forget” to do it.

The requirement to issue cashier's checks to buyers and customers without fail is enshrined in the Federal Law of May 22, 2003 No. 54-FZ "On the use of cash registers (CREs) in cash settlements and (or) settlements using payment cards".

The Business.Ru online checkout for sales in retail stores complies with Federal Law 54 and EGAIS. Suitable for stalls and small shops. To get started, you only need a computer or a smart terminal, and a fiscal registrar for them. As a result, you get a full-fledged POS system at the price of a fiscal registrar!

The second article of this Federal Law reads: “The cash register equipment included in the State Register is used on the territory of the Russian Federation without fail by all organizations and individual entrepreneurs when they make cash payments and (or) payments and use payment cards in cases of sale of goods, performance of work or provision of services.

Paragraph one of the fifth article of the same Federal Law says that organizations and individual entrepreneurs using cash registers in their work are obliged to issue to buyers (clients) when making cash payments and (or) payments using payment cards at the time of payment, printed by a cash register equipment, cashier's checks.

Organizations or individual entrepreneurs providing services to the public can carry out cash settlements and settlements using payment cards without the use of cash registers, but only on the condition that instead of cashier's checks, customers will be given the appropriate forms of strict reporting, which are equated to a cashier's check.

At the same time, entrepreneurs must be guided by the “Regulations on the implementation of cash settlements and (or) settlements using payment cards without the use of cash registers”, approved by Decree of the Government of the Russian Federation on May 6, 2008 No. 359.

If a trade or service enterprise does not break through and issue a cash receipt to its customers or clients, this is an indicator that the entrepreneur is fulfilling his obligations to comply with cash discipline and infringes on the rights of consumers, hoping that if a person, after purchasing the goods, will not have a cash receipt on hand check, it will be much more difficult for him to return the goods.

A cash receipt is a primary accounting document printed on paper using cash registers and confirming the fact of purchasing a certain product or service and making cash and non-cash payments for it.

The cash receipt must be transferred to the buyer or client at the time of the purchase and sale transaction - the transfer of the fiscal document is a confirmation of the implementation of this transaction. A cash receipt is necessary for the buyer or client in case he wants to return the purchased product or replace it.

According to Decree of the Government of the Russian Federation of July 30, 1993 No. 745, each check that is issued to the buyer or client at the time of the transaction must contain the following information without fail:

• Name of the organization that issued the check;
• TIN of the organization;
• KKM serial number on which the check was printed;
• Ordinal of this check;
• Date and time of the purchase;
• The total amount of the purchase (service) (the cost of individual goods and the total amount may also be indicated);
• Sign of the fiscal regime.

In addition to this mandatory information, other data may be reflected on the check at the discretion of the owner of the organization or individual entrepreneur.

A sales receipt is a strict reporting form, which is a confirmation of a purchase made in a company. A sales receipt is provided to individuals and legal entities upon their request, for example, in the case when the cash receipt indicates only the paid amount of the purchase, and the person needs a more detailed breakdown of what type of product and at what cost was purchased.

Also, sales receipts are issued to customers in the absence of a cash register at the enterprise. This is necessary because, in accordance with the rules of trade, the seller is obliged to issue to buyers a document confirming the fact of the purchase.

Unlike a cash receipt printed by a cash register, a sales receipt is filled in by the cashier by hand, where the type and name of the goods, as well as its cost, are entered in special columns. The following information must be reflected on the sales receipt:

• Title of the document;
• Order number of the check, date of issue;
• Full name of the organization that issued the check, its address;
• TIN of the organization or individual entrepreneur;
• List, name and type of goods purchased, services rendered or work performed, the cost of each of the goods;
• The total amount of the purchase;
• Full name, position of the person who issued the sales receipt, his signature, company seal (if any).

In general, it must be said that there is no unified or approved form of a sales receipt, and therefore a sales receipt can be issued in free form, and firms can issue it either independently or purchase standard sales receipts from printing houses.

It should be noted that recently the need to issue sales receipts has disappeared because most of the new-style cash registers print the full name, type and cost of individual purchase goods immediately on the cash receipt.

If the organization uses outdated cash registers, where the type of goods is not displayed on the cash receipt, but only the amount paid by the buyer, in this case the sales receipt must be issued by the entrepreneur at the first request of the buyer.

Both documents - a cash receipt and a sales receipt - are necessary, for example, in the case when a person spends the company's accountable funds to purchase services or goods and must document his purchases to the accounting department.

It is the cash and sales receipt that will help confirm the fact of the targeted spending of money. In general, however, entrepreneurs are legally allowed to issue a sales receipt together with a cash receipt or issue a sales receipt in cases where there is no cash receipt.

But still, there are organizations in our country that are not required to settle accounts with their customers or clients using cash registers, which means that they are not required to issue cash receipts.

With the program for optimizing the work of the Business.Ru Retail store, you can always get an up-to-date, most detailed report that will show balances, turnover on the current account and cash desk, and a breakdown of payments for each specific day.

Also, the program will allow you to automatically draw up the main documents of the cashier, such as receipt and expenditure cash orders, in just a few clicks!

There is a category of entrepreneurs who enjoy the right not to issue cash receipts. In accordance with paragraph 2.1 of the second article of the Federal Law of May 22, 2003 No. 54-FZ “On the use of cash registers (CREs) in cash settlements and (or) payments using payment cards”, they have the right not to issue cash and non-cash settlements with the population cashier's checks of organizations and individual entrepreneurs that pay the Single Imputed Income Tax or apply the patent taxation system.

This is possible provided that, at the request of customers or buyers, they issue them a document confirming the receipt of funds for the relevant product, service, work performed.

Such a document is a sales receipt, a receipt or a similar document, which must contain such information as the name, serial number, date of issue, name of the organization, TIN of the company, name and quantity of paid purchased goods, services, amount of payment, position and full name of the person, issuing this document.

In other words, individual entrepreneurs and LLCs on UTII and a patent are exempted from the mandatory use of cash registers, but only on the condition that the clients of such firms are individuals. Otherwise, non-issuance of a cashier's check during settlements will be an illegal and administratively punishable act for them.

In addition to organizations and entrepreneurs on UTII and a patent, there are other categories of companies that can make cash payments and payments using payment cards without the use of CTT.

By law, this is possible in relation to organizations and individual entrepreneurs engaged in activities such as:

1. Sale of newspapers and magazines;
2. Sale of securities, lottery tickets;
3. Sale of travel tickets and coupons for travel in city and public transport;
4. Provision of meals in educational institutions for students and employees;
5. Trade in markets, fairs, exhibitions and other areas intended for the sale of goods (with the exception of shops, pavilions, kiosks, tents, car shops, car dealerships, vans, container-type premises and other similarly equipped places, open counters inside the covered premises of markets when selling non-food goods);
6. Random retail trade from hand carts, baskets, trays;
7. Sale of tea products in passenger cars;
8. Sale in kiosks of ice cream and soft drinks on tap;
9. Trade in beer, kvass, milk, vegetable oil, live fish from tanks;
10. Trade in vegetables and gourds at random;
11. Reception from the population of waste materials, glassware;
12. Realization of goods and services in religious organizations;
13. Sale of postage stamps.

Also work without cash registers and, accordingly, not issue cash receipts in the right of organizations and individual entrepreneurs located in hard-to-reach and remote areas, as well as pharmacy organizations located in feldsher and feldsher-obstetric stations located in rural areas.

As for online stores, they are also required to issue cash or sales receipts to their customers.

A few years ago, fines for non-issuance of a cash document were increased several times. These measures were taken because check failure is one of the most widespread violations of trade rules in our country.

The reason why entrepreneurs avoid issuing cashier's checks en masse is the desire to hide income and, therefore, avoid paying taxes.

Since all information about the amount received at the cash desk remains in the cash register when printing a check, and now it is transferred directly to the tax authorities online, it means that this information cannot be hidden from the tax authorities. "No check - no fiscal amount in the CCP memory - no tax!" - so say unscrupulous entrepreneurs.

Today, tax inspectors "catch" businessmen violating the law on the use of cash registers during unscheduled inspections and test purchases. It is also not uncommon for Rospotrebnadzor and the Tax Service to receive complaints from dissatisfied buyers to whom entrepreneurs refuse to issue checks.

Such vigilant citizens should be feared by every business owner and "do not joke" with the issuance of cashier's checks. It is the repeated complaints of buyers that can become the basis for an unscheduled tax audit.

Failure to issue a check: liability and penalties

According to Article 14.5 of the Code of Administrative Offenses of the Russian Federation, refusal to issue a document at the request of the buyer (client) in the case provided for by federal law entails a warning or the imposition of an administrative fine. For citizens, the amount of the fine will be from 1.5 to 2 thousand rubles, for officials - from 3 to 4 thousand rubles, for legal entities - from 30 to 40 thousand rubles.

In other words, for not issuing a check for the first time and if the entrepreneur has not been brought to administrative responsibility before, he may simply be warned by tax inspectors. But for a repeated violation or, if during the tax audit other violations of cash discipline in the organization are revealed, the businessman will face an administrative fine.

Some entrepreneurs do not issue cashier's checks to their customers or clients, citing a breakdown of the cash register. In fact, according to the law, in the event of a breakdown of cash registers in an organization, all settlements with the population, acceptance and issuance of cash must be stopped until the cash register is repaired and cannot issue cash receipts.

It must be remembered that if the cash receipt was not issued to the buyer, the entrepreneur will face a fine in any case.

Read articles about working with a cash register in a store:

Every person related to trade knows perfectly well that when paying with cash, it is mandatory to use a cash register (cash register). However, inspections carried out by representatives of the tax service show that not all sellers and cashiers follow this rule. Non-issuance of a cash receipt is equated to non-use of the CCC, is a gross violation and may result in administrative liability. The fine for not issuing a cash receipt in 2017 will be at least 30 thousand rubles. (for organizations).

The presence of a cash receipt serves as confirmation of the fact of payment and purchase of goods (services) in a particular store or a particular organization. The use of CCC makes it possible to track the total amount that has passed through the cash desk of a trading enterprise for a certain period. Failure to break a check is a gross violation of consumer rights and a seller's failure to comply with his obligations regarding the use of cash registers. Therefore, the tax service pays special attention to the availability of cash registers and the issuance of checks.

Some sellers are firmly convinced that the buyer will not be able to return the product of inappropriate quality if he was not issued a cash receipt when buying. This is a complete fallacy. The presence of a check is desirable, but not a prerequisite for the return of low-quality products. Therefore, the non-issuance of this document does not protect against claims of buyers, but, on the contrary, serves as a significant reason for the claims of regulatory authorities.

Possible consequences of violations

The current legislation provides for a fine for non-penetration of a cashier's check. Moreover, non-penetration is regarded as both the non-issuance of a document and the use for these purposes of a cash register that does not meet established standards or has not passed mandatory registration.

The penalty for not issuing a cash receipt (2017) is from 1/4 to 1/2 of the amount for which it was necessary to issue a check (for sellers, cashiers and other officials), and this amount cannot be less than ten thousand rubles In rare cases Entrepreneurs may be subject to more lenient measures. For example, if before that he had never been brought to administrative responsibility, and during the check no other shortcomings were found, then for the first time he can get off with only a warning.

The fact of non-use of cash registers and non-penetration of checks can be detected and confirmed only in the process of verification by the tax authorities. The buyers themselves cannot fix this, but it is their statements to the tax and other regulatory organizations that most often become the reason for close attention to the entrepreneur and the correctness of his cash register. If consumer complaints are repeatedly confirmed and violations are revealed when issuing cash receipts, this may lead to an on-site tax audit.

Sometimes cashiers and sellers do not issue a cash receipt against their will or malicious intent. There are times when the CCP simply fails and cannot break checks. Or the tape runs out in the cash register, and there is no way to quickly replace it. There are no concessions or separate rules for such situations by the Legislation. When payment for goods or services is made in cash, the buyer must in any case be given a punched document. If this is not possible, then the acceptance of cash should be stopped until the moment when the CCP starts functioning again. Otherwise, failure to break through the check is regarded as a violation and may result in administrative liability. If the receipt of money has already been carried out, and the cash tape has run out in the machine, then it is allowed to quickly replace it and resume settlements.

When you can not issue a check

Federal Law No. 54-FZ of May 22, 2003 provides for cases where the use of an IP cash register is not mandatory:

1. If certain services are provided to the population, then cashier's checks can be replaced by approved forms of strict accountability.
2. If an entrepreneur applies one of the special taxation regimes: UTII or PSN. Then, at the request of the buyer, he is obligatorily issued a sales receipt or other documentary evidence of receipt of cash from him.
3. If the type of activity carried out by the individual entrepreneur is mentioned in paragraph 3 of Art. 2 FZ of May 22, 2003 No. 54-FZ, (any form of taxation).

In other cases, the use of cash registers is mandatory.