Individual entrepreneurs or legal entities are obliged to install equipment (devices) in the places where they operate, designed to accept payments using payment cards (POS-terminals).
In this material, we will tell you who is obliged to use POS terminals and what responsibility might arise in their absence.
If entrepreneurs carry out the following types of activities:
then there is an obligation to install and use equipment (devices) in the places of their activities intended for accepting payments using payment cards and (or) accepting payments using the instant payment system.
At the same time, such requirements do not apply to individual entrepreneurs and (or) legal entities located in places where there is no public telecommunications network, and there are no obligations to use POS terminals for persons operating in the sphere of wholesale and retail trade of agricultural products of their own production, aquaculture (fishery) products of their own production; activities through non-stationary trading facilities.
This equipment is not registered with the state revenue authorities.
A POS terminal is installed on the basis of agreement with a servicing bank or an organization that carries out certain types of banking operations.
If you have a POS-terminal installed, then you must also have a cash register, even if you do not accept the paper money as such.
On the territory of the Republic of Kazakhstan, cash settlements are made with mandatory use of cash registers, unless otherwise provided by the current law.
In this case, cash settlements are settlements made for the purchase of goods, performance of work, provision of services by means of cash and (or) settlements using payment cards and mobile payments. When making a payment through a POS terminal, the buyer must also be issued a receipt for the cash register machine and the POS terminal.
The checks on the availability of the equipment (device) intended for making the payments using the payment cards are carried out by the state revenue authorities.
A warning is provided for refusal to accept payments and (or) transfers using payment cards of sole proprietors or legal entities that are obliged to accept them when carrying out trading activities (performing works, rendering services) on the territory of the Republic of Kazakhstan. Repeated involvement within a year after the imposition of an administrative penalty entails a fine
If an individual entrepreneur or a legal entity does not have the equipment (device) intended for making payments using the payment cards, a warning is provided.
A second time bringing to responsibility within a year after the imposition of an administrative penalty entails a fine: