The POS obligation has arrived in Italy for several months now. Indeed, the mandatory POS was foreseen as part of the 2020 budget law. To tell the truth, however, the mandatory POS should go back many years. In fact, it was introduced indirectly for the first time in the Criminal Code , or in article 696 . The article of the Criminal Code provides that anyone who refuses to receive legal tender coins in the state could have a fine of up to 30 euros.
Over the years, however, this fine has never been applied on a regular basis. Over time, however, there was a need to try to reduce payments with cash. In this way, not only is there greater traceability to combat tax evasion , but it is also possible to contain the contagion from Covid-19 which has happened above all in the last year. The history of the mandatory POS
In reality, beyond what is provided for in the Criminal Code, the direct POS obligation had already arrived in 2016. In fact, in 2016, the POS obligation was established under the established law for professionals and in general, the mandatory POSfor different types of activities.
Then later came the Psd2 Directive (Payment Services Directive). In particular, it is a directive within the European Union on payments. This rule, foreseen and foresees, the mandatory nature of the POS for professionals. According to the Directive, it was necessary to try to reduce what were the interchange fees in such a way as to guarantee card payments even below 5 euros. The goal was to reduce the spread of cash and encourage digital payments. In reality, however, to tell the truth from 2016 to date this directive had not even been applied as expected. That is why, it was decided to envisage a completely different action.
With thein fact, an attempt was made to make the POS mandatory, so that electronic money could finally be encouraged to combat tax evasion. However, despite this, the standard had never managed to achieve its current objectives. POS mandatory from July 2020
After the established law of 2016, finally in 2020 a new standard arrived that made it possible to make ATM payment mandatory and therefore made the POS mandatory by law. In fact, in 2016 an attempt was made to block the phenomenon of tax evasionthrough electronic money but, in reality, there were no real sanctions, consequently the objective of making the POS mandatory was not achieved .
At this point, the budget law of 2020 arrived and the reference tax rule that established once and for all the mandatory nature of the POS for professionals and it was decided to make the ATM mandatory for entrepreneurial, commercial and productive activities . Furthermore, it was decided, again in the same tax reform, to also establish the POS obligation for professionals .
But in order for professionals to have help to support POS costs, it was decided to establish a tax credit to incentivize the diffusion of such devices and to bear the initial activation and management costs. Pos mandatory and POS bonus
Together with the POS obligation , the legislator has also established the so-called POS bonus within the tax legislation . In fact, this bonus is intended for those who have the obligation to activate digital payments. This obligation provides for the reimbursement with a tax credit of 30% for all freelancers, owners of commercial activities, shops or entrepreneurs who, starting from 1 July 2020, had to install a POS.
This is a tax credit valid as a refund for the costs of activating and maintaining a POS. In practice, thanks to this bonus you can also get a refund on transaction fees. With the diffusion of the mandatory POS, an attempt has been made to favor the exchange of digital currency a little by encouraging the disappearance and reducing the diffusion of cash. The advantages of the mandatory POS It is
now a legal obligation but this does not mean that the mandatory POS is very advantageous for both users and merchants. In fact, users have an additional payment mechanism available and can also take advantage of a series of incentivesthat have been taking place in the last period.
One is all the cashback provided not only by the state, but also by a number of banking institutions. It must also be said that the greatest advantage certainly concerns the possibility of going to structure a real fight against tax evasion . The digital currency has precisely this purpose, that is to cancel all black transactions that could be really dangerous for the economy of the Italian state!

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