Internet failures in Russian cities have been called a new business risk

Disruptions in the Internet and mobile communications in Moscow and other major cities are creating a new type of business risk for companies. At the same time, the legislation does not provide for any relief during such periods: businesses are required to comply with all requirements, including the use of cash registers and the payment of taxes, RBC reported on March 11, citing lawyers and tax consultants.

The Federal Tax Service (FTS) reminded that the obligation to pay taxes does not depend on the operation of the cash register equipment or the availability of an Internet connection. Even in case of communication failures, entrepreneurs should continue to use cash registers and issue checks to customers.

According to experts, network limitations create several groups of problems at once. The first is fiscal: in the absence of communication, the cashier cannot transfer data to the fiscal data operator and send an electronic receipt to the customer. The second is operational: acquiring stops working without the Internet, failures occur in the Honest Sign, EGAIS and Mercury labeling systems. The third is contractual: companies may disrupt the delivery and provision of services due to the inability to promptly exchange data.

The disruptions are most reflected in online commerce and service companies. Customers cannot place orders on the websites, and there are difficulties with payment and communication with customers via messengers and chatbots. In addition, couriers and delivery services face problems navigating and confirming orders.

At the same time, the cash registers themselves can work without the Internet. Modern online sales registers are equipped with fiscal storage devices that allow you to generate and print receipts offline for up to 30 days. After the connection is restored, all data is automatically transferred to the fiscal data operator, and then to the tax service.

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However, entrepreneurs are required to issue a paper receipt at the time of payment. A fine of up to 10 thousand rubles is provided for its absence, and in case of non—use of cash registers, sanctions for companies can reach 75-100% of the settlement amount, but not less than 30 thousand rubles. In case of repeated violations, business activities may be suspended for up to 90 days.

Similar rules apply to the self-employed. They can generate a receipt in the My Taxes app even without internet access and transfer the data to the tax service after the connection is restored. If the receipt is processed with a delay, there is a risk of a fine of up to 20% of the settlement amount.

Experts advise companies to prepare in advance for such failures: use wired Internet, have a backup communication channel from another operator, duplicate payment methods and store documents confirming technical problems.

"If the Internet has stopped working, your first priority is to prove that you acted honestly and did not try to conceal income. For example, all your contacts with the support service will serve as proof that you sought to resolve the problem. If a store in the city center did not submit information for a week, and then suddenly sent a week's revenue to the OFD immediately, this is not necessarily a malicious act if the documents are drawn up correctly," advised Alexey, partner at Pareto Legal Istomin.

The Ministry of Finance had previously formed a so-called "white list" of socially significant services that should continue to work even with the limitations of the mobile Internet. It already includes some fiscal data operators, banking applications, and payment services, which allows businesses to partially continue operating even under network restrictions.

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On February 20, Russian President Vladimir Putin signed a law obliging telecom operators to disconnect networks at the request of the FSB in the prescribed cases. The amendments were made to the law "On Communications" and are aimed at regulating the interaction of operators and special services.

The document notes that operators will not be responsible for communication outages if the network outage is related to the FSB requirement. It is also emphasized that operators are required to disconnect communications at the request of the FSB in cases that will be determined by presidential regulations.

Later, on March 10, Kremlin spokesman Dmitry Peskov, responding to a question from Izvestia, said that all Internet outages and restrictions on communications occur strictly in accordance with current legislation. In different contexts, the topic of adding certain resources to the "white lists" arises — and some of them were included there.

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