Numerous professional figures will be affected by the novelty
Pos mandatory from 30 June, when the penalties for merchants and professionals who will not allow their customers to pay by debit and credit cards will be triggered. Codacons reminds us that since 2014 it had started a battle to make the rules on the obligation of Pos for merchants really effective.
On 30 June 2022, as per Decree Law 36 of 30 April 2022 of the Council of Ministers (Further urgent measures for the implementation of the National Recovery and Resilience Plan Pnrr), the provisions that, in case of non-acceptance by commercial businesses, businesses and professionals of payments by debit and credit cards, provide for an administrative fine of 30 euros, increased by 4% of the value of the transaction for which payment acceptance has been refused, explains the Codacons.
For example, in case of refusal of a payment of 100 euros through the Pos, the merchant would face a fine of 34 euros (30 euros for a fixed fine and 4 euros for the variable one). Numerous professional figures will be interested in the novelty: craftsmen such as carpenters, blacksmiths and plumbers and so on; restaurateurs and bartenders; shopkeepers and street vendors; notaries, lawyers, engineers, surveyors, accountants, doctors, labor consultants, dentists and professionals in general.
“This is a historic battle of the Codacons which for 8 years has been asking the Government and Parliament to provide for sanctions for those shopkeepers who prevent their customers from paying with cards and ATMs – says President Carlo Rienzi – as early as 2014, thanks according to the Monti Government Decree Law 179/2012, the obligation for shopkeepers and professionals to accept payments with Pos was introduced in Italy, a measure then confirmed and extended starting from 1 July 2020 by the Tax Decree linked to the Budget Law (No. 124/2019) “.
“Neither regulation, however, had introduced penalties for merchants who refused payments with cards and ATMs. This has led to a paradoxical situation in which even today many shopkeepers throughout Italy, despite owning the Pos, prevent customers from paying with electronic money, aware that they will not face any fines ”Rienzi recalls.
However – Codacons launches the alarm today – the rule that provides for the sanction starting from next June 30 could be circumvented by resorting to some “tricks”.
The provisions, in fact, exclude the obligation to pay with the Pos in case of objective technical impossibility: the merchant who declares to have the Pos out of use (due to a technical failure or when the terminal has no line) is not punishable. Not only. To comply with the new standard, merchants and professionals could limit themselves to accepting even a single circuit and a single type of debit card (for example an ATM) and a single credit card, thus restricting the right of users to pay with Pos .
“Not to mention that a 30 euro fine for those who do not comply with the provisions on the Pos risks creating a paradoxical situation whereby the sanctioning procedure against the incorrect operator would have a cost higher than the value of the sanction, with evident damage to the cash registers tax authorities ”concludes the president of Codacons Carlo Rienzi.