Regarding provision of the possibility of non-cash payments

Press service of the State Tax Service of Ukraine, published 29 July 2024 at 11:24 Chapter: News

State Tax Service of Ukraine reminds that in compliance with requirements of Part  29 Article 38 of the Law of Ukraine № 1591-IX as of 30.06.2021 "On payment services", the Cabinet of Ministers of Ukraine adopted Resolution № 894 as of 29.07.2022 "On establishment of deadlines before which traders must ensure the possibility of non-cash payments (including using electronic payment means, payment applications or payment devices) for products (provided services) sold by them" (hereinafter – Resolution № 894).

Sub-paragraph 3 Paragraph 1 of Resolution № 894 will enter into force on January 1, 2025, which expands range of business entities that must ensure the possibility of non-cash payments for sold products (provided services) by them.

Resolution № 894 provides for the gradual introduction of traders’ obligation to ensure the possibility of non-cash payments (including use of electronic payment means, payment applications or payment devices) for sold products (provided services) by them, and today such obligation has already been established for traders, who conduct economic activity in settlements with a population of more than 5 thousand people, namely:

- payment terminals (POS-terminals) will be necessary for traders in settlements with a population of less than 5 thousand people – from January 1, 2025;

- for traders – individuals-entrepreneurs – single tax payers of Group I, traders who carry out trade using vending machines, away (takeaway) trade, sale of self-grown or fattened products – from January 1, 2026.

Note: from January 1, 2025, introduction of obligation according to the number of population does not apply to traders – individuals-entrepreneurs – single tax payers of Group I and traders who carry out trade using vending machines, away (takeaway) trade, sale of self-grown or of fattened products, that will have to install POS terminals from January 1, 2026, regardless of the population.

It should be emphasized that according Part 29 Article 38 of the Law of Ukraine № 1591-IX as of 30.06.2021 "On payment services", traders are prohibited from:

in any way limit right of holder of electronic payment instrument to choose any electronic payment instrument of payment systems for making payments according to Clause 1 of Part 28 of this Article;

set any additional (accompanying) fee upon payment for goods products (provided services) using electronic payment means, payment applications or payment devices, including fee for using certain electronic payment means, payment application or payment device;

set different prices for the same products or services in case of payment for them in non-cash form compared to payment in cash.

At the same time, traders have right to encourage the buyer to use certain electronic payment means for making payments.