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Pos mandatory: the penalties for those who do not comply are postponed to 2023

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Another postponement for the penalties for those who refuse payments with ATMs and cards. During the conversion into law of the Recovery decree, which contained the novelty, the actual start of the fines has been postponed by one year, to 1 January 2023. The amount of the fine remains at 30 euros, plus 4 for percent of the transaction value. The measure will be applied to all those who should already accept cards and ATMs with a Pos. This means that the rule applies to anyone who offers products and services to the public. Therefore, but also professionals such as doctors, lawyers, taxi drivers, etc.

“This is an unfair postponement – says the president of Codacons, Carlo Rienzi -. Citizens have been waiting for years for the introduction of sanctions for those who refuse the POS, considering that as long as the sanctions are not in force, any merchant or professional can refuse payments by cards and ATMs. Precisely by virtue of the mistakes made in the past and which have nullified the provisions on the pos, the government should have brought forward to 2022 the introduction of sanctions for exhibitors, who thus have a further year to say “no” to those who ask to pay with electronic money “.

Attempts in this direction had already been made in the past, but never really transformed into sanctions to make the obligation effective: starting from 2014, thanks to the Monti Government decree law number 179/2012, the obligation for shopkeepers was introduced in Italy and professionals to accept payments with pos, 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 card and ATM payments. This has led to a paradoxical situation in which still today many shopkeepers throughout Italy, despite owning the POS, prevent customers from paying with electronic money, knowing that they will not face any fine.

For years, consumers have denounced the absence of measures and sanctions against merchants and professionals who do not allow payments with pos. From taxis to artisans, passing through professionals, bars, restaurants and commercial premises, too often consumers are told “no” to their legitimate request to pay by debit or credit cards. A refusal that fuels tax evasion.

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