Paragraph 1 Article 3 of the Law of Ukraine № 265/95-VR as of 06.07.1995 "On the use of registrars of settlement operations in trade, public catering and services" (hereinafter – Law № 265) stipulates that business entities that carry out settlement operations in cash and / or non-cash form (using electronic payment means, payment checks, tokens, etc.) selling goods (services) in trade, public catering and services, as well as acceptance of cash for its further transfer, are obliged, in particular, to carry out settlement operations for the full amount of purchase (service) through registrars of settlement operations (abb.RRO) or its software version (abb. PRRO) and in cases provided by the Law № 265 using duly registered settlement books.
Article 10 of the Law № 265 of the Cabinet of Ministers of Ukraine, at the request of the central executive bodies that ensure formation of state economic policy, formation and implementation of the state financial policy, establishes a right to approve the List of certain forms and conditions of activities in the trade, public catering and services, which are allowed to conduct settlement operations without the use of registrars of settlement operations and / or software registrars of settlement operations using settlement books.
Specified List was approved by Resolution of the Cabinet of Ministers of Ukraine № 1336 as of 23.08.2000 (hereinafter – Resolution № 1336).
Paragraph 1 of the List stipulates that individuals-entrepreneurs – single tax payers and who carry out retail sale of goods in the village, settlement (except for excisable goods) are subject to restrictions set by the List and Resolution № 1336 and who have a right to conduct settlement operations using settlement books and ledgers operations without mandatory use of RRO / PRRO.
Paragraph 12 Article 3 of the Law № 265 stipulates that business entities that carry out settlement operations in cash and / or non-cash form (using electronic payment means, payment checks, tokens, etc.) selling goods (services) in trade, public catering and services, as well as acceptance of cash for its further transfer, are obliged to keep inventory accounting in manner prescribed by the law to sell only those goods (services) that are reflected in such accounting.
Such requirements are also applicable to individuals-entrepreneurs– single tax payers who carry out sale of technically complex household goods subject to warranty repair, as well as medicines and medical devices, jewelry and household products made of precious metals, precious stones, precious stones of organogenic formation and semi-precious stones, as well as single tax payers of Group III registered as the value added tax payers.
List of groups of technically complex household goods that are subject to warranty repair (maintenance) or warranty replacement, in order to use RRO / PRRO, is approved by Resolution of the Cabinet of Ministers of Ukraine № 231as of March 16.03.2017.
Procedure for keeping inventory accounting for individuals-entrepreneurs, including single tax payers, was approved by Order of the Ministry of Finance of Ukraine № 496 as of 03.09.2021 (hereinafter – Procedure № 496).
Procedure № 496 determines rules of inventory accounting and is applicable to individuals-entrepreneurs, including single tax payers, who according to the Law № 265, are obliged to keep inventory accounting and sell only those goods that are reflected in such accounting and persons who actually sell goods (services) and / or settlement operations at the sales unit of sale (economic object) of such individuals-entrepreneurs.
From systematic analysis of the above legislative provisions of and the bylaws adopted on their basis, individuals-entrepreneurs who are the single tax payers of Groups II – IV and who, in the village, sell technically complex household goods subject to warranty repair, as well as medicines and medical devices, jewelry and household products made of precious metals, precious stones, precious stones of organogenic formation and semi-precious stones, are obliged to keep inventory accounting.
