Obligation of POS, fines for those who do not comply

from Rossella Calabrese

From 2023 sanctions for merchants and professionals who do not accept debit or credit cards

12/30/2021 – The regulatory framework for payments by debit or credit cards in commercial establishments and professional offices has been completed: the conversion law of Legislative Decree 152/2021 implementing the PNRR introduces penalties for operators who do not accept electronic payments.

Article 19-ter of Legislative Decree 152/2021 provides that, from 1 January 2023, a penalty equal to 30 euros increased by 4% of the value of the rejected transaction.

There won’t be a chance to pay at a reduced rate (administrative donation); the offender, therefore, will not be allowed, within 60 days from the immediate notification or, if there has not been, from the notification of the details of the violation, to pay a sum equal to one third of the maximum penalty or, if more favorable and if it is established the minimum of the legal sanction, equal to double the relative amount, in addition to the costs of the procedure.

The history of the obligation of Pos

The obligation to allow customers to pay by debit or credit cards was introduced in 2014, without however being accompanied by a sanctioning provision against offenders. The ministerial decree scheme that should have governed the matter was rejected by the Council of State in 2018.

Subsequently, a provision substantially identical to that contained in Legislative Decree 152/2021 was inserted in the Fiscal Link to the 2020 Budget Law, even if it referred only to purchases over 30 euros, but the provision was canceled when it was converted into law.

Now the rule has been approved and will take effect in a year.

Source: Le ultime news dal mondo dell'edilizia by www.edilportale.com.

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