In recent years, the world of e-commerce has exploded exponentially. More and more people are shopping online and, as a result, the use of digital payments has become a daily practice. In this scenario, the POS (Point of Sale) has become an indispensable tool for every business, both physical and online. In fact, Italian law requires that you have a POS for all activities that exceed a certain annual turnover threshold.
But what happens if you notice that a business does not have a POS? In this article we will see how to identify those who do not have the POS, how to report it and the penalties provided by law. In addition, we will talk about how to protect yourself from fraud if you do not use the POS.
Table of Contents:
POS requirement: what does the law say?
According to Italian law, the obligation to have a POS is required for all commercial activities that exceed 30,000 euros in annual turnover. In addition, the obligation also concerns activities that carry out catering or accommodation activities, regardless of the annual turnover. It is important to underline that the obligation to have a POS concerns all transactions over 30 euros, whether they are payments with credit, debit or prepaid cards. However, the obligation does not apply to transactions made with payment instruments other than POS, such as bank transfers. In any case, businesses are required to display the notice of acceptance of POS payments in a visible way inside the room. In case of failure to comply with the obligation, activities may be sanctioned with fines that can reach up to 1,000 euros
.
How to identify who does not have a POS
Finding a business that does not have a POS is not always easy, but there are some signs that may suggest the lack of this tool. One of the first signs is the demand for cash payments, even for large amounts. In addition, if the business does not display the sign that indicates the acceptance of credit card payments or does not advertise the presence of the POS, it could be a sign of a lack of this tool. Finally, it is possible that the business does not have the POS if the customer’s PIN or signature is not required to authorize payment by credit or debit card. In any case, to be sure that a business does not have a POS, it is possible to ask the employees or the owner of the premises directly, or check the list of businesses that have joined the digital payment circuit
.
How to report someone who does not have a POS: the procedures to follow
If you suspect that a business does not have a POS, there are different ways to report it. The first thing to do is contact the Guardia di Finanza or the Postal Police, which are the bodies responsible for controlling commercial activities. Alternatively, it is possible to send a report to the Bank of Italy, which has the task of monitoring the use of digital payments. It is important to provide the competent authorities with as much information as possible about the business in question, such as the name of the owner, the address of the premises, the type of activity carried out and the reason why there is a suspicion of the lack of the POS. In any case, it is always advisable to keep receipts for payments made by credit or debit card, so that you can prove any irregularities. If the POS is found to be missing, the commercial activity will be sanctioned by the competent authorities and may be forced to adapt to current legislation
.
The penalties provided for those who do not have a POS
The penalties provided for those who do not have a POS are quite severe. In case of failure to comply with the obligation to obtain this instrument, the commercial activity may be sanctioned with a fine of up to 1,000 euros. In addition, if the sign indicating the acceptance of credit or debit card payments is not displayed, the activity may be sanctioned with a fine of up to 250 euros. It is important to emphasize that fines are not the only consequence for those who do not comply with the obligation to have a POS. In fact, the business risks losing customers who prefer to make payments by credit or debit card and could suffer damage to the image. In addition, in the case of tax controls, the absence of the POS could be interpreted as an attempt at tax evasion. For this reason, it is always advisable to have this tool, even if the business does not exceed the annual turnover threshold
established by law.
How to protect yourself from fraud if you do not use the POS
If a business does not use the POS, you can take some precautions to protect yourself from fraud. First, it is advisable to avoid making cash payments for large amounts and to always prefer credit or debit card payments. In addition, it is possible to use online payment services, such as PayPal, which guarantee greater levels of security. It is also important to verify that the POS used by the business has a security system, such as the PIN or the customer’s signature to authorize payment. In any case, if you suspect that you have been the victim of fraud, it is important to immediately report the incident to the bank that issued the credit or debit card and to the Postal Police. In this way, it will be possible to block the card and prevent further fraudulent transactions
.
In conclusion, the use of the POS has become essential for every business that wants to keep up with the times and offer its customers a modern and secure payment experience. The obligation to have this instrument is required by Italian law for all activities that exceed a certain annual turnover threshold. In the event of non-compliance with the obligation or failure to use the POS, commercial activities may be sanctioned with fines and suffer damage to the image. For this reason, it’s important for businesses to get their hands on this tool and use it properly. On the other hand, consumers can also take some precautions to protect themselves from fraud, such as avoiding making cash payments for large amounts and always preferring payments by credit or debit card. In any case, the use of the POS is a fundamental step to modernize the payment system in Italy and improve the consumer shopping experience.
