Regarding settlement procedure in the cashless form

State Tax Service reminds that in order to fulfill requirements of Part 25 of Article 38 of the Law № 1591 "On payment services", the Cabinet of Ministers of Ukraine adopted Resolution № 894 as of 29.07.2022 "On establishing deadlines by which traders must ensure possibility of non-cash settlement payments (including using electronic payment means, payment applications or payment devices) for sold products (provided services) by them" (hereinafter – Resolution № 894).  

Sub-paragraph 2 Paragraph 1 of Resolution № 894, which expands range of business entities that must ensure possibility of the non-cash payments for sold products (provided services) by them, enters into force on January 1, 2024.

Resolution № 894 provides for the gradual introduction of traders’ obligation to ensure possibility of the non-cash payments (including using electronic payment means, payment applications or payment devices) for sold products (provided services) by them:

presence of POS terminals becomes obligatory in settlements with a population of 5 thousand or more from January 1, 2024;

POS terminals will be required in settlements with a population of less than 5 thousand people from January 1, 2025;

Note: 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 fattened products, who will have to install POS terminals from January 1, 2026, regardless of population.

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

in any way limit holder’s right of electronic payment instrument to choose any electronic payment instrument of payment systems for making settlements according to Clause 1 of Part 25 of this Article;

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

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

At the same time, traders have a right to encourage buyer to use certain electronic payment method for making settlements.