In settlements with a population of 5 thousand or more, merchants are required to use POS terminals
On January 1, 2024, subparagraph 2 of paragraph 1 of Resolution No. 894 of the Cabinet of Ministers of Ukraine dated July 29, 2022 "On Setting Deadlines by Which Merchants Must Ensure the Possibility of Cashless Payments (Including Using Electronic Payment Instruments, Payment Applications or Payment Devices) for Goods Sold by Them (Services Provided)" will come into force, expanding the range of business entities that must ensure the possibility of cashless payments for goods and services.
Resolution No. 894 provides for the gradual introduction of the obligation of merchants to ensure the possibility of non-cash payments (including using electronic payment instruments, payment applications or payment devices) for goods sold (services rendered):
- from January 1, 2024 - the availability of POS-terminals becomes mandatory in settlements with a population of 5 thousand or more;
- starting from January 1, 2025, POS terminals will be required in settlements with a population of less than 5 thousand inhabitants;
The introduction of the obligation according to the number of population does not apply to traders - individual entrepreneurs - single tax payers of the first group and traders engaged in trade using vending machines, on-site (takeaway) trade, sale of personally grown or fattened products, who will have to install POS terminals from January 1, 2026, regardless of the number of population.
We emphasize that in accordance with the Law of Ukraine No. 1591-IX "On Payment Services" dated June 30, 2021, merchants are prohibited from
- in any way restrict the right of the holder of an electronic payment instrument to choose any electronic payment instrument of payment systems for making payments in accordance with paragraph one of part twenty-eight of this article;
- to establish any additional (accompanying) fee when making payments for goods sold (services rendered) by them using electronic payment instruments, payment applications or payment devices, including a fee for the use of a certain electronic payment instrument, payment application or payment device;
- set different prices for the same goods or services in case of non-cash payments as compared to cash payments.
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