How to use electronic money. Electronic money

Electronic money is a virtual currency that is equivalent to regular cash or non-cash funds and does not require opening a bank account.

In fact, this is money, the circulation of which does not occur in the form paper bills, and through implementation in the sphere of financial settlements computer technology And modern system communications.

At first glance, electronic money looks like non-cash payments, but this is not entirely true. Non-cash funds were originally familiar monetary units that a person, for example, deposited in a bank account. After which they turned into his working capital within the banking system.

Electronic money is initially a form of money whose storage is the Internet. They can be used by a person to pay for goods on the Internet or withdrawn to a bank card for cashing out funds or non-cash payments. One electronic currency unit equal to fiat money.

Flaws

Now the fly in the ointment.

Not everywhere you can pay with this currency.
There is usually a fee for transfers to wallets of other systems.
Internet addiction: no Internet - you can’t use it.
Electronic currency is not regulated by the government.
Limitation on the size of transfers, cash withdrawals, etc.

Now it's a question of use electronic money relevant. Business is increasingly conducted via the Internet, and you can’t live without such currency.

"Audit and Taxation", 2012, N 3

Many organizations use electronic funds when making payments to their partners. Until recently, their appeal was not regulated by law, but now this gap in the legislation has been eliminated. What is meant by electronic money, you will learn from this article.

Main legal act regulating the use of electronic Money, is Federal Law No. 161-FZ of June 27, 2011 “On the National Payment System” (hereinafter referred to as Law No. 161-FZ).

According to paragraph 18 of Art. 3 of Law N 161-FZ, electronic funds are funds that are previously provided by one person to another person, taking into account information about the amount of funds provided without opening a bank account, for execution monetary obligations the person who provided the funds, before third parties and in respect of which the person who provided the funds has the right to transmit orders exclusively using electronic means of payment.

Electronic means of payment - a means or method that allows a client of a money transfer operator to draw up, certify and transmit orders for the purpose of transferring funds within the framework of the applicable forms of non-cash payments using information and communication technologies, electronic storage media (payment cards).

It should be noted that electronic money does not include money received by organizations carrying out professional activity On the market valuable papers, clearing activities and (or) management activities investment funds, mutual investment funds and non-governmental pension funds and recording information on the amount of funds provided without opening a bank account in accordance with the legislation regulating the activities of these organizations.

The procedure for transferring electronic funds is fixed in Art. 7 of Law No. 161-FZ.

When making non-cash payments in the form of electronic money transfer, the client provides funds to the electronic money operator on the basis of an agreement concluded with him.

In this case, the client means:

an individual providing funds to an electronic money operator with or without using his bank account (clause 2 of Article 7 of Law No. 161-FZ);
a legal entity or individual entrepreneur providing funds to an electronic money operator only using his bank account (Clause 3, Article 7 of Law No. 161-FZ).

An electronic money operator is an organization that, in accordance with the legislation of the Russian Federation, has the right to transfer electronic money without opening a bank account (Clause 3, Article 3 of Law No. 161-FZ).

Funds provided by the client are accounted for by the electronic money operator (hereinafter referred to as the operator) by creating a record reflecting the amount of the operator's obligations to the client in the amount of funds provided by him.

According to paragraphs 5 and 6 of Art. 7 of Law No. 161-FZ, the operator does not have the right to:

provide the client with funds to increase the balance of the client’s electronic funds;
accrue interest on the balance of electronic funds or pay any remuneration to the client.

Transfer of electronic funds, or so-called electronic money, is prohibited between two legal entities or a legal entity and an individual entrepreneur.

One of the sides of the transfer to mandatory must be an individual (Clause 9, Article 7 of Law No. 161-FZ).

In accordance with paragraph 10 of Art. 7 of Law N 161-FZ, the transfer of electronic funds is carried out by simultaneous acceptance by the operator of the client’s order, reducing the balance of the payer’s electronic money and increasing the balance of the recipient’s electronic money by the amount of the electronic money transfer. Transfer of electronic funds in accordance with clause 11 of Art. 7 of Law N 161-FZ, is carried out immediately after the operator accepts the client’s order.

An agreement concluded by the operator with the client may provide for the possibility of using electronic means of payment by the payer - an individual and the recipient of funds - a legal entity or individual entrepreneur, when the actions specified in clause 10 of Art. 7 of Law N 161-FZ, are not carried out simultaneously (autonomous mode of using an electronic means of payment). In this case, the recipient of the funds is obliged to transmit information about completed transactions to the operator on a daily basis for its recording no later than the end of the operator’s working day.

In the case of an autonomous mode of using an electronic means of payment, the operator sends to the payer (recipient, if provided for in the agreement) confirmation of the transfer of electronic money immediately after taking into account what he received in accordance with clause 12 of Art. 7 of Law No. 161-FZ information.

The transfer of electronic funds becomes irrevocable and final after the operator carries out the actions specified in clause 10 of Art. 7 of Law No. 161-FZ.

The operator keeps track of information on balances and completed electronic money transfers on an ongoing basis.

The balance (part thereof) of the client’s electronic funds - legal entity or individual entrepreneur may, by his order, be credited or transferred only to his bank account.

The client - a legal entity or individual entrepreneur - is required to have a bank account opened with the operator for the transfer of the balance (part thereof) of electronic money, or provide him with information about the bank account of this legal entity or individual entrepreneur opened with another credit institution, to which transfers can be made transfer of the balance (part thereof) of these funds.

To transfer electronic money to foreign currency The requirements of Federal Law dated December 10, 2003 N 173-FZ “On currency regulation And exchange control". Transfer of electronic funds in foreign currency can be carried out:

between residents;
between residents and non-residents in foreign currency and the currency of the Russian Federation;
between non-residents in foreign currency and the currency of the Russian Federation.

Transfer of electronic funds is carried out with or without identification of the client in accordance with Federal law dated 08/07/2001 N 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”

The operator is obliged to identify the client - an individual, if the balance of electronic money at any time does not exceed 100 thousand rubles. or an equivalent amount in foreign currency at the official exchange rate of the Central Bank of the Russian Federation. The electronic means of payment for such a client is personalized (clause 2 of article 10 of Law N 161-FZ).

If the identification of a client - an individual - has not been carried out, then an electronic means of payment can be used provided that the balance of electronic money at any time does not exceed 15 thousand rubles. Such an electronic means of payment is non-personalized (clause 4 of article 10 of Law No. 161-FZ).

The total amount of transferred electronic money using one non-personalized electronic means of payment cannot exceed 40 thousand rubles. within a calendar month.

A legal entity or individual entrepreneur has the right to use an electronic means of payment, subject to identification by the operator. Such an electronic means of payment is corporate. Its use is possible provided that the balance of electronic money does not exceed 100 thousand rubles. or an equivalent amount in foreign currency at the official exchange rate of the Central Bank of the Russian Federation at the end of the operator’s working day (clause 7, article 10 of Law No. 161-FZ).

If the specified amount is exceeded, the operator is obliged to credit or transfer funds in the amount exceeding the specified limit to the bank account of a legal entity or individual entrepreneur without his order.

When the official foreign exchange rate set by the Central Bank of the Russian Federation changes, the amounts specified in paragraphs 2 and 7 of Art. 10 of Law No. 161-FZ.

It should be noted that electronic money transfers using personalized electronic means of payment, corporate electronic means of payment can be suspended in the manner and cases that are similar to the procedure and cases of suspension of transactions on bank account, provided for by the legislation of the Russian Federation (clause 11, article 10 of Law No. 161-FZ).

In addition, the balance of electronic money on personalized and corporate electronic means of payment may be subject to foreclosure. Such collection may be made in the event of non-payment or incomplete payment of tax in fixed time. This is indicated by paragraph 1 of Art. 46 Tax Code of the Russian Federation.

When collecting tax using electronic money, tax authorities should be guided by the provisions of clause 6.1 of Art. 46 Tax Code of the Russian Federation.

The tax authority collects the arrears by sending an order to the bank to transfer electronic money. This instruction must contain:

details of the corporate electronic means of payment of the taxpayer (tax agent) - organization or individual entrepreneur;
the amount to be transferred;
account details of the taxpayer (tax agent) - organization or individual entrepreneur.

The tax can be collected from electronic money balances in rubles, and if they are insufficient, from balances in foreign currency. Head (deputy head) tax authority simultaneously with the tax authority’s order to transfer electronic money, sends an order to the bank to sell foreign currency.

The bank must sell the currency no later than the next day.

In this case, expenses associated with its sale are borne by the taxpayer (tax agent). The bank transfers electronic funds to the ruble account of the taxpayer (tax agent) in an amount equivalent to the payment amount in rubles at the exchange rate of the Central Bank of the Russian Federation established on the date of the electronic money transfer.

The tax authority's order to transfer electronic funds is executed by the bank:

no later than one business day, following the day of receipt by him the said order, if the tax is collected from electronic money balances in rubles;
no later than two operating days , if the tax is collected from electronic money balances in foreign currency.

Tax Inspectorate, in accordance with paragraph 7 of Art. 46 of the Tax Code of the Russian Federation, has the right to recover tax at the expense of other property of the taxpayer or tax agent if:

There are insufficient funds in accounts or electronic money or they are missing;
the inspectorate does not have information about the accounts or details of the corporate electronic means of payment of the taxpayer (tax agent).

Collection of taxes (penalties and fines) at the expense of an individual, in accordance with clause 5 of Art. 48 of the Tax Code of the Russian Federation, is carried out simultaneously from bank accounts and electronic funds, transfers of which are carried out using personalized electronic means of payment.

Clause 8 of Art. 46 of the Tax Code of the Russian Federation establishes that when collecting tax, the inspectorate may suspend transactions on the accounts of a taxpayer (tax agent) - an organization or individual entrepreneur - in banks or suspend electronic money transfers.

Suspension of transactions entailing a decrease in the balance of electronic money is allowed within the amount specified in the decision of the tax authority (clause 2 of Article 76 of the Tax Code of the Russian Federation).

Let me remind you that organizations and entrepreneurs, in addition to reporting to tax office about the opening or closing of accounts (personal accounts) in the bank are required to report the emergence or termination of the right to use corporate electronic means of payment for electronic money transfers (clause 1.1, clause 2, article 23 of the Tax Code of the Russian Federation). The fulfillment of such duties is assigned to seven days from the date of emergence (termination) of this right.

The Federal Tax Service of Russia in Information dated July 13, 2011 “On the emergence (termination) of the right to use corporate electronic means of payment” reports that for violating the deadline for transferring the specified information to the inspectorate, the taxpayer may be held accountable under Art. 126 or art. 129.1 Tax Code of the Russian Federation.

Everything in this world is constantly changing, and of course money changes. People are gradually switching to electronic currency. But not everyone knows what electronic money is and how to use it. Many people think that electronic money is ordinary paper money that is simply used to pay for Internet services. In fact, electronic money is virtual, conventionally invented banknotes that have the force of real paper money.

Where does electronic money come from?
Like any money, electronic money needs to be earned. The Internet is an unlimited source of earning electronic real money. Everyone earns their money in their own way, some write articles to order, some play poker, some sell shampoo or candles, some play on the stock exchange.

What can you buy with electronic money?
Almost everything. On the Internet you can buy a house, apartment, car, or just a pack of pasta with home delivery. If we talk about the Russian-language Internet, then we mainly use electronic money to buy electronic equipment, cell phones, books, jewelry and cosmetics. In the West, many people have stopped going to regular stores altogether. Since it is more convenient to buy in virtual stores than in regular ones. A person simply goes to the website of the store he needs, searches for the required product, compares prices with other stores, and then orders home delivery. The convenience is that, firstly, a person saves his time. For example, you can choose a sofa during your lunch break, after work, by this time, the sofa will have already been delivered to the buyer’s home, and you can already relax on the new furniture.
Secondly, no one puts pressure on the buyer or tries to push him an unnecessary product. That is, no sales consultant will get on your nerves with his attempts to sell stale goods. Thirdly, any product, even a handkerchief, can be ordered for home delivery. In the USA, for example, many electronic stores offer free delivery throughout the country. In our electronic stores, it is very expensive. The cost of delivery consists of the weight of the goods, the commission for work and the distance to the buyer. So, for example, if you buy the cheapest shampoo on OZON.RU for 100 rubles, then its delivery, say, to Nizhny Novgorod, will cost 250 rubles. That is, 2.5 times more expensive than the product itself. Of course, if the owners of online stores do not figure out how to reduce delivery costs, then it is unlikely that online shopping will be in great demand in Russia.

How to use electronic money?
There are special computer programs for working with electronic money. The program is very popular in Russia WEB MONEY. So-called online wallet download from the website of the same name, install it on your home computer, create wallets in the desired currency (rubles, dollars, euros, etc.), and then you can use your money. The program is easy to use, although it has flaws in terms of money security.

How to convert electronic money into real rubles.
In order to convert electronic currency into paper currency, you need to come to the exchange office with your passport, having previously sent electronic payment and your secret password for the exchange office wallet. IN exchange office, after you show your passport and give your secret password (you come up with this password and only you know it), the cashier will give you your legal real paper money, but will only charge a commission for services, approximately 4% of the amount.

Advantages of electronic money.
You can top up the balance of your cell phone with electronic money without leaving your home, and without any commission. You can use electronic money to pay for the Internet, utility bills, and any goods that are sold in online stores. Electronic money saves time, and sometimes some online stores offer discounts when paying with electronic money.

Economists believe that electronic money is the future. Since they are the ones who allow us to avoid queues at the bank, at the post office, in the store, and therefore save the most precious thing - our time.

1. Transfer of electronic funds is carried out with identification of the client, simplified identification of the client - an individual, or without identification in accordance with Federal Law of August 7, 2001 N 115-FZ "On combating the legalization (laundering) of proceeds from crime, and financing of terrorism."

2. If the operator of electronic money identifies a client - an individual in accordance with Federal Law of August 7, 2001 N 115-FZ "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism", the use of an electronic means of payment is carried out by a client - an individual, provided that the balance of electronic funds at any time does not exceed 600 thousand rubles or an amount in foreign currency equivalent to 600 thousand rubles at the official exchange rate of the Bank of Russia. The specified electronic means of payment is personalized.