If the check is hard to read, where to go. What to do if you were not given a receipt upon purchase and where to complain

22.09.2019

Typically, after making purchases, the consumer receives a receipt. In most cases, this document is not given any significance. However, there are situations when it is difficult to do without it. We’ll talk further about whether it’s always needed and what to do if a check hasn’t been issued. Content

Why is a check needed and in what controversial situations is it important?
Does the seller have to issue a receipt?
When is it permissible for a seller not to provide a receipt to a consumer?
Where to file a claim against the seller
Sample contents of a claim
Conclusion

Why is a check needed and in what controversial situations is it important? For most buyers, a check is just a piece of paper that is issued when purchasing goods. If we are talking about small purchases, then most often they do not leave it.

How and where to complain if you haven’t received a receipt

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What to do if you didn’t receive a receipt when purchasing a phone?

Attention

Moreover, when combining a single tax on imputed income with other taxation regimes, trade without control cash register is allowed only in relation to those operations that relate to UTII.

They don't do it retail trade nd alcoholic products with an ethyl alcohol content of more than 15%.

In order for an individual entrepreneur to exercise the right to refuse a cash register, it must be deregistered with the Federal Tax Service. Failure to use a registered cash register entails a fine of 3,000-4,000 rubles. For individuals and 30,000-40,000 rub. for organizations. What document can be issued instead of a cash receipt to the buyer? If you make a purchase from an individual entrepreneur working without control cash register equipment, you have the right to request a document confirming payment for the purchase.

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In what cases may the seller refuse to issue a check? In what cases may the seller refuse to issue a check? The seller is not always required to work using a cash register. Thus, the following categories of entrepreneurs can sell goods and provide services without a cash register:

Individual entrepreneurs who use single tax on imputed income as payment of the taxation system;
Individual entrepreneurs who sell alcohol with an ethyl alcohol content of less than fifteen percent;

If one of the listed categories of entrepreneurs wants to refuse to use a cash register, and, as a result, issuing receipts when selling goods and services, then first of all you need to contact the Federal Tax Service Inspectorate. The Tax Service will need to remove the cash register from registration.

What to do if a check has not been issued?

In addition, the document states:

the essence of the violation committed and the date of its commission;
data of the entrepreneur (organization) that committed the violation,
consumer requirement;
justification of the stated requirement;
signature and date of document preparation.

All available evidence must be attached to the application. The complaint can be sent by mail or delivered in person through the reception (office) of the organization. When delivering in person, you should put a mark indicating acceptance of the document on its second copy.
You can also submit an application to Rospotrebnadzor online on the organization’s website. The complaint is also submitted electronically through the State Services portal. Conclusion Consumers are often unaware of their rights and how to protect them.

Should a receipt be issued when purchasing a phone on credit?

He is not deprived of this opportunity, but in practice it is much more difficult to protect the interests of consumers without checks. If not issued cash receipt in the store, the consumer can file a corresponding complaint. The same right arises in the event of a refusal to issue a sales receipt at the consumer’s request.
You can complain about violations committed by the seller to the authorities that control its activities. These include: the tax inspectorate, Rosoptrebnadzor, departments for the protection of consumer rights. In addition, the buyer can leave an entry in the book for complaints and suggestions.

Important

The management of a store or other establishment is obliged to study the complaint and take any action on it. These organizations must accept a complaint from a consumer, consider it and take appropriate measures. For applications received from citizens to institutions and government agencies, a monthly period for consideration is established.

What to do if you don’t provide a receipt when purchasing

Thus, not issuing a receipt may be equated to a violation of the buyer’s rights, since it interferes with the return of the goods - but, in fact, if the store is equipped with cameras or there was a witness near you at the time of purchase, the seller is obliged to accept the return of the goods. This rule is enshrined in the Law “On the Protection of Consumer Rights,” although, of course, the return procedure itself will be fraught with difficulties, given that few sellers even know about such a right enshrined in law. A cash receipt is also sometimes necessary if you purchase goods and services using company funds.

In this case, since you need to document the spending of money to the accounting department, a cash receipt (or sales receipt) is proof of expenses.

What to do and where to complain if a check has not been issued?

Such services are reflected in SSR (strict reporting forms), which are equivalent to cash receipts. A cash receipt may also not be issued if the entrepreneur:

sells at markets or fairs (exhibition complexes are also included in this item)
sells in train carriages (tea, chips from conductors, for example)
sells kvass on tap, ice cream or sells small wholesale (fish, baklava on the beach)
sells religious goods (ROC)
sells promotions or lotteries, as well as newspapers and magazines (in kiosks)
carries out shoe repairs
rents out housing (if he has the right to do so)
provides porter services
accepts glass containers
sells handicrafts.

Thus, the person selling watermelons at the market is not breaking the law - he has every right not to give you a receipt.
This document can be a sales receipt, receipt or other form. The document must contain the following information:

Full name entrepreneur or organization name,
Seller's TIN,
Document number, date of issue,
Name and quantity of goods or services purchased,
Purchase amount,
Full name and the position and personal signature of the person who directly issued the document.

In the case of the sale of a number of goods and services included in the list of the All-Russian Classifier of Services to the Population OK 002-93, approved by Resolution of the State Standard of Russia dated June 28, 1993 N 163 (in particular, repair household appliances, transportation of passengers and cargo, maintenance cars, etc.) strict reporting forms are used instead of a cash receipt. It is these documents that must then be issued to the buyer.

They didn't give me a receipt when I bought the phone

In certain cases, namely, if we are talking about individual entrepreneur and a number of organizations that:

They use UTII as a tax regime.

A cash receipt was not issued - a fairly common situation and needlessly ignored by most buyers. Failure to issue a sales receipt may complicate the process of returning a desired purchase if the product suddenly turns out to be defective or of poor quality. What to do in such a situation, what sanctions the seller faces, whether sellers should always issue a cash receipt, and when non-issuance of a check can be done legally, you will learn from this article.

It is the responsibility of the seller or organization to issue a cash receipt. After all, this small piece of paper is irrefutable evidence of the conclusion of a transaction between the consumer and the seller for the sale (purchase) of goods certain type. What to do in a situation where the seller has not issued a cash receipt? Demand it on the spot! After all, the presence of this receipt will provide a guarantee that the buyer will be able to return the defective product within the warranty period. If the seller deliberately tries by force of persuasion to persuade the buyer to purchase the goods without a sales receipt, then this should lead the buyer to think about whether it is even worth doing business with such a careless merchant.

In situations where a purchase is necessary and there is simply no other alternative, you should not despair either. Having witnesses to the purchase in the event of a possible exchange will benefit the buyer. In addition, the process of purchasing goods can be recorded on video. mobile phone indicating the date, time and place of purchase. This is due to the provisions of the Law “On Protection of Consumer Rights”.

Seller's obligations and penalties

Sellers, on the basis of Article 5 of the Federal Law - No. 54 of May 22, 2003, when the client pays for the purchase of goods in cash, are required to issue a cash receipt. The standard operating rules for cash registers state that the seller, when receiving funds for the purchase of a product or service, must:

State the total amount of money received from the buyer.
Print a cash receipt indicating the name of the product or service, the date and time of its sale, and the cost of the product or service. The receipt must also contain information about the name of the organization selling the product or service, its details, other data, among which the payment method (cash or non-cash) may be indicated.
State the change amount, at the request of the purchaser.

Violation of one of these points means a violation of the sales procedure. This means that the seller can be brought to administrative liability in the form of a fine, the amount of which varies from 3,000 to 4,000 rubles for individuals, for legal entities the amount of the fine is quite significant and tenfold more than the amount for individuals. This is due to Article 14.5 of the Administrative Code.

There are situations where the seller may legally not issue a cash receipt and therefore potential consumers must familiarize themselves with this information. Based on Federal Law No. 54, sellers may not use a cash receipt if they offer the public to purchase a certain type of service, and instead of a cash receipt they use strict reporting forms.

Or in cases of using UTII and PSN, which is not a contradiction to Article 346.26 of the Tax Code of the Russian Federation. But at the same time, the legal requirement voiced by the client about the desire to receive a cash receipt cannot be violated.

The sellers didn't give you a cash receipt? Don’t despair - you can file a complaint with Rospotrebnadzor, the Tax Service of the Russian Federation or the Society for the Protection of Consumer Rights. These organizations have effective and effective ways impact on negligent sellers. The most insignificant of them are test purchases, according to which a verdict is issued to the organization and a procedure for imposing penalties may be carried out. If you were not given a check, then be sure to make an entry in the book of complaints and suggestions, let other potential clients of this organization know about the dubious inclinations of a careless seller to save on taxes and conduct business in violation of the legislation of the Russian Federation.

Remember - a cash receipt is required to be issued, only with the exception of a few of the above provisions! In difficult situations, when you were not given the treasured cash receipt, and then you have difficulties returning the goods, it is best to seek legal assistance from the Legal Expert company. Our specialists will be able to advise their clients in detail and tell them about possible actions in this situation in accordance with the legislation of the Russian Federation. In the most critical situations, we are ready to provide full legal support and bring the case to court.

Currently, the assortment includes many types of products. As a rule, the seller, after receiving payment, is required to issue a check. A receipt is a document indicating that the purchase was made in this particular store. But for some reason, checks may not be issued, and the quality of the purchased purchase leaves much to be desired. Are the rights of the buyer protected at the legislative level if the store does not give receipts?

Returning goods in the absence of a receipt

This circumstance can affect any buyer. A person comes to a store to purchase a product that is suitable for him or satisfies his requirements, regardless of the fact whether he has a receipt or not. But there are cases when, before the actual use of the purchase, a defect is discovered or this particular purchase does not meet the consumer’s expectations. What to do and how to prove that this particular item or food product was purchased at this particular outlet?

Buyer actions

The legislation of the Russian Federation has not established any standards in this regard, but there is some algorithm that will still regulate this controversial issue. What to do if you didn’t receive a receipt upon purchase?

Recommended and authorized procedure for consumer actions:

When making a purchase, if there are witnesses nearby who are ready to confirm that the goods were purchased here, you should bring them in to prove it. This will make the buyer's task easier. They can also always put their testimony in writing with all the detailed circumstances.
To return a product, you should not go to the retail outlet empty-handed; you need to prepare a claim and, of course, take the product with you. It is possible that no one will argue, and the money will be returned immediately.
If the seller categorically refuses to accept the prepared document and sign, then there is an option to send it by mail. To do this, it is important that he receives the claim with acknowledgment of delivery.

When communicating with the seller, you should behave correctly so as not to give rise to accusations of hooliganism.

If you are not refunded the money for the purchased product, then a claim must be filed, the content of which must include:

full initials of the consumer, information about his birth and registration;
information about the seller or the name of the outlet and its location;
detailed description purchases;
an explanation of the reason why the goods are being returned;
states the reason why the check cannot be presented;
signature, date with transcript;
other information confirming the facts of the purchase and the substandard nature of the purchase.

Witness testimony presented in writing is attached to the document.

The buyer's threats to the seller that the police will come to investigate if you do not give the check and return the money are meaningless; this is not regulated by the Civil Code. Contacting Rospotrebnadzor will also not yield positive results. If there is a non-refund of funds for a completed purchase of a suitable or low-quality product, you can take the first steps to contact the store in order to peacefully resolve this issue.

If the seller still refuses to return cash, then you can safely contact the courts. But it is unlikely that the entrepreneur wants to clarify the relationship in this way. After all, he only spoils his reputation, knowing full well that the number of visitors to him will now decrease, and the business will not advance.

The absence of a receipt indicating the purchase of goods does not make the buyer completely unprotected.

The main thing is that you don’t need to panic, but you should calmly get together and do everything so as not to violate the rights of the seller, because he is also a person and has his own protection from the law.

Cancellation of cash registers for individual entrepreneurs- UTII payers is determined by clause 2.1 of Art. 2 Federal Law dated May 22, 2003 No. 54-FZ “On the application cash register equipment when making cash payments and (or) payments using payment cards" (hereinafter referred to as Federal Law 54-FZ).

In this article we summarized the experience of solving typical tasks and answers to the most common questions that clients, store owners and retail chains ask us, UTII payers, due to abolition of cash registers for individual entrepreneurs:

Is it possible to refuse CCP and how? Is it legal to work without a cash register?
What documents should be issued to the buyer, is it legitimate? sales receipt without cash receipt?
What will happen if you continue use of KKM for UTII?
Is there cash register for individual entrepreneurs what to use for management accounting?
Is it possible to refuse the services of a technical service center (TSC)?
How, with reference to regulations, is it reasonable to prove to retail buyers who require a cash receipt that the documents issued to them are legal and have legal force?

Who can refuse to use cash register equipment (cash register equipment) due to abolition of cash registers for individual entrepreneurs with UTII

Refuse to use CCP due to cancellation cash registers for individual entrepreneurs imputed tax payers can if their activities:

is not associated with the retail trade of alcoholic products with an ethyl alcohol content of more than 15% (Clause 5 of Article 16 of the Federal Law of November 22, 1995 N 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products”; Letter from the Ministry of Finance of Russia dated 09.09.2009 N 03-01-15/9-451; Information from the Federal Tax Service of Russia dated 09.29.2009)
regulated exclusively by UTII. If UTII coexists with any other tax regimes, in particular with general regime taxation, with the simplified tax system, unified agricultural tax, then the cash register must be applied in relation to sales not related to the imputed activity (Information of the Federal Tax Service of Russia dated September 29, 2009).

How to refuse to use cash registers in connection with the abolition of cash registers for individual entrepreneurs

Currently the only one reliable way take advantage of the provision on the abolition of cash registers and refuse to use cash registers and not receive claims from regulatory authorities - remove the cash register from the register in tax office. Until the cash register is deregistered with the Federal Tax Service, tax officials can check its application (Federal Law No. 162-FZ of July 17, 2009). At the same time, for the non-use of a cash register, as well as for the non-compliance of a cash register with legal requirements (lack of ECLZ, fiscal memory, central service station seal, exclusion of the used cash register model from the state register), liability arises under Art. 14.5 of the Code of Administrative Offenses of the Russian Federation for non-use of cash register systems when selling goods, works, and services. The penalty for this is:

for heads of organizations and entrepreneurs: 3000 - 4000 rubles;
for organizations: 30,000 - 40,000 rubles.

. What documents should be issued to the buyer when cancellation of cash register

Working without a cash register involves the implementation of paragraph 2.1 of Art. 2 of Federal Law 54-FZ, which establishes the seller’s obligation, at the buyer’s request, to issue a sales receipt, receipt or other document confirming the receipt of money. It must include the following mandatory information:

name, number and date of issue of the document;
name of the organization or full name entrepreneur, TIN;
name and quantity of goods (works or services) purchased;
payment amount;
position, full name and the signature of the person who issued the document.

When selling goods or performing work or providing services for which strict reporting forms (SSR) are not provided, you can use one of the documents that meet the listed requirements, which are implemented in all modern computer trade automation systems, or develop own form document.

For the service sector, for which it is possible to issue a BSO instead of a cash register receipt, buyers should be issued a BSO (clauses 2, 2.1 of Article 2 of Federal Law No. 54-FZ). It is possible to use BSO instead of CCP only when providing services to the public, the list of which is contained in the All-Russian Classifier of Services to the Population OK 002-93, approved by Decree of the State Standard of Russia dated June 28, 1993 N 163 (for example, these include repair of household appliances, transportation of passengers and goods, technical car servicing). It is necessary to use BSOs approved for a specific type of service. If there is no unified form, then you can use your own BSO form, containing all the necessary details and printed in the printing house (clauses 3, 4, 7 of the Regulations on the implementation of cash payments and (or) settlements using payment cards without the use of cash register equipment, approved by Decree of the Government of the Russian Federation dated 06.05.2008 N 359; clause 2 of Decree of the Government of the Russian Federation dated 06.05.2008 N 359; Letters of the Ministry of Finance of Russia dated 15.12.2008 N 03-01-15/12-376, dated 23.06.2008 N 03- 01-15/8-239, dated 06/23/2008 N 03-01-15/8-240);

If the buyer does not require a payment document, then nothing needs to be given to him, and for failure to issue such a document when the buyer requests it, a fine is provided under Art. 14.5 Code of Administrative Offenses of the Russian Federation.

What will happen if you continue to use a cash register for UTII

The entrepreneur himself decides whether to stop use of KKM for UTII or continue to use the cash register. Federal Law 54-FZ establishes the right to refuse cash register equipment, but not the obligation. When refusing a cash register, in accordance with this law, at the request of the buyer, the seller is obliged to provide a payment document containing a list of details that are specified in the previous section of this article.

If the seller does not issue the above payment documents to buyers or your cash receipts do not contain all the details necessary for such documents, then abolishing cash registers is not for you; you need to continue to use cash registers in all cases of selling goods (work, services) for cash (or using payment cards). In this case, it will be enough for buyers to issue a cash receipt, and there is no need to issue any other document upon their request.

However, you will still have to comply established order registration and use of cash registers, pay for maintenance and replacement of EKLZ (clause 2.1, article 2, article 5 of Federal Law 54-FZ; Regulations approved by Decree of the Government of the Russian Federation of July 23, 2007 N 470). Otherwise, the tax authorities may fine you under Art. 14.5 of the Code of Administrative Offenses of the Russian Federation (Letters of the Ministry of Finance of Russia dated 09.09.2009 N 03-01-15/9-451, dated 13.08.2009 N 03-01-15/8-413).

How to replace a cash register with UTII, what to use for management accounting

The abolition of cash registers does not eliminate the need for accounting. For management accounting and control of sellers and cashiers, you can use a POS system without fiscal functions. Such a system consists of a POS computer with a monitor, a receipt printer and software for trade management. POS system for UTII can be equipped with a cash drawer, barcode scanner, programmable keyboard, reader discount cards, customer display, electronic scales, label printer. You can connect a video surveillance system to it.

In addition to low cost, the POS system for UTII has a number of advantages:

This system allows you to provide the buyer with payment documents that are completely comply with the requirements of Federal Law 54-FZ.
Such a system, in addition to recording the receipt of money from the buyer, provides total and quantitative commodity accounting, management of assortment, prices and discounts in retail trade, allows you to display management reports.
POS system for UTII easily scaled and upgraded, it can be equipped with additional compatible hardware and software.
Such the system can operate on a single network with other computers and be part of the enterprise business management system.
When switching to a general taxation regime or a combination of UTII with any other tax regimes, in particular with the general taxation regime, with the simplified taxation system, unified agricultural tax, you can complete the POS system for UTII with a fiscal registrar and continue to use it without having to implement anything new.

If the store does not give you a cash receipt, this may subsequently result in a refusal to return the product if it suddenly turns out to be of poor quality. What to do if the seller did not give you a receipt? Where can I complain? Read in the article.

What is a check for?

A receipt is a document confirming the fact of the purchased product or service. On sales receipt the following data is indicated:

Product name;
The date of its sale;
Time of sale;
Details of the seller making the sale;
Product cost;
Store name;
Other additional information(payment method, change amount, etc.);

If the consumer subsequently wants to return an item he or she does not like or is defective, having a receipt will greatly facilitate this procedure. This means that the buyer will not have to look for evidence indicating that the returned product was purchased in this particular store.

If the goods are issued without a receipt, this is a direct violation of the buyer's rights. The owners of some retail outlets believe that if a product or service is sold without providing a receipt, the consumer, in which case, will not be able to return the product back to them.

However, this is a misconception. According to , the consumer has the right to return a product of poor quality or dislike without providing a cash receipt confirming the fact of purchase. The absence of a receipt cannot be the basis for the seller’s refusal to make a return.

Information

An alternative to an unissued cash receipt, according to the Law “On the Protection of Consumer Rights,” may be the testimony of a witness who was with the buyer during the purchase or video recording from the store’s video cameras (if available). Although, as practice shows, in stores that do not have a cash register, there are no CCTV cameras.

In what cases may the seller refuse to issue a check?

The seller is not always required to work using a cash register. Thus, the following categories of entrepreneurs can sell goods and provide services without a cash register:

Individual entrepreneurs who use a single tax on imputed income as payment of the taxation system;
Individual entrepreneurs who sell alcohol with an ethyl alcohol content of less than fifteen percent;

What is this for? If the seller has a registered cash register that he does not use, then, according to the Law, he will have to pay a fine, which for individuals ranges from three to four thousand rubles, and for legal entities from thirty to forty.

What are the consequences of not issuing a check?

For the buyer, failure to issue a receipt may be fraught with a longer procedure for returning the goods, since before returning it to the seller, the buyer will have to look for evidence that will confirm that the returned goods were purchased in this particular store.

For the seller, the absence of a cash register or its presence, but non-use, can result in problems from the outside:

A consumer who was refused a cash receipt. In this case, the buyer can file a corresponding claim;
From the tax service, which carries out an audit after receiving numerous complaints from consumers or following a tip from employees of the Consumer Rights Protection Service;
From employees of Rospotrebnadzor, who, like Tax authority will undertake an investigation after receiving numerous complaints from consumers;