Restrictions governing cash settlement between any legal entity

There is a legally fixed limit, which must be taken into account if cash is calculated between various organizations of all kinds of ownership (JSC, CJSC, LLC, ROO). This statement is also valid for individual entrepreneurs. If to generalize - it's all taxpayers, whose duties are to pass the appropriate reporting (FIU, FSS, declaration) to the tax authorities.

The norms that should be observed in order to avoid foreclosures are legislative acts regulating cash settlements between any legal entities.

To start a little history. According to the instruction of the Central Bank of the Russian Federation, dated June 20, 2007, under the number 1843-U, which regulates the order of the amount of cash that organizations can operate, and also the use of cash in the cashier's office or IP, the cash settlement limit is increased to one hundred thousand . This instruction concerns all forms of economic entities that are required to submit tax reports (including individual entrepreneurs). Calculation of cash between the two companies should be carried out in the framework of business.

Later, in a letter under the number 190-T dated December 4, 2007, the Central Bank of the Russian Federation published explanations of its position on this issue. This letter is a guide to the interpretation of a possible tax situation, as it expresses the position of the financial authorities.

Let's illustrate some situations and, depending on them, limits on cash settlements between economic entities of the Russian Federation.

Explanation of one

If the agreement is concluded between organizations under Federal Law No. 94 of July 27, 2005 regulating the placement of orders for the supply of goods and various services for public sector enterprises, the Central Bank of the Russian Federation has clarified the limit of one hundred thousand rubles in this case. It should be noted that the limit in this case is valid only for one contract.

Explanation two

If there is a cash settlement for more than one contract between the partner companies within one day, but the amount of each will not exceed one hundred thousand rubles, this is not considered a violation. And the full amount of the contract is always considered. For example, if the sum of the contract is five hundred thousand rubles, cash payments under such a contract can not be held in principle, no matter what time period it was stipulated in.

Explained three

The limit does not apply if the insurance agent pays a premium to the cashier of the insurance company, if the reporting is fully complied with (the agent acts on the basis of the contract of commission, uses the Strict Report Form (SSR) and acts on behalf of the organization).

Clarification of four

The company official, regardless of the legal form, may not provide loans in cash from the cashier's office, regardless of the source of their receipt.

Clarification of five

The restriction on cash settlement extends when employees are paid salaries, travel allowances, and when employees pay for services from officially issued money. If the employees are acting on behalf of the organization (by proxy) during the calculations, the maximum limit of one hundred thousand rubles per contract must still be observed.

Conclusion

Despite the restriction of cash payments, according to the letter of the Central Bank of the Russian Federation No. 190-T, this document is not an official normative legal act. But it should be noted that the tax authorities will rely on this letter when assessing situations. And, as mentioned above, the arbitration courts are likely to take their side.