According to the law, the use of personal electronic wallets or QR codes of individuals to receive payments for goods or services in the context of business is considered a violation. It is important to note that until December 31, 2026, the Tax Service has suspended raids and control purchases to verify compliance with certain legislative requirements, including the use of special equipment for working with bank cards and electronic payments.
Monitoring compliance with these norms is the responsibility of commercial banks, which must adhere to the principle of "Know Your Customer." This means that banks are required to identify suspicious transactions on individual accounts that may indicate business activities. In the event of such operations being identified, banks have the right to restrict access to accounts or block them. The National Bank of the Kyrgyz Republic may also take measures against commercial banks if they do not comply with control procedures.
The Tax Service actively collaborates with the National Bank and commercial banks. Previously, before the introduction of administrative responsibility, information about cases of using personal accounts in business was sent to banks for appropriate action.
Tightening control over the use of QR codes by individuals is related to the risks of tax evasion, especially among large taxpayers, for whom the moratorium on inspections does not apply. There have been cases where companies accepted payments into the accounts of their employees, for example, in the catering sector, where payments were made to the electronic wallets of waiters instead of being processed into the accounts of organizations.
Using a personal electronic wallet for commercial purposes is subject to penalties. The first violation may be punished with a warning, while in the case of a repeat violation, fines are imposed: for individuals — 5,000 soms, for legal entities — 20,000 soms. In cases of repeated violations, the fines increase to 13,000 and 65,000 soms, respectively.
It is important to note that the Tax Service does not have direct access to citizens' accounts and can only obtain such information based on a court decision. Violations are identified during control activities, such as raids and inspections of retail outlets. If a QR code is registered to an individual, this may serve as a sign of a violation of the law.
In markets and certain segments of retail trade, there is a moratorium on inspections, which allows for a focus on explanatory work. Nevertheless, for large taxpayers, control is conducted more rigorously due to increased risks to the budget.
According to the legislation, consumer protection requirements and banking legislation do not contradict each other. The Consumer Protection Law obliges sellers not to restrict buyers in their payment methods, while banking legislation requires that cashless payments be accepted into correct business accounts. Thus, cashless payments must be made through business accounts and QR codes.
Commercial banks carry out remote monitoring of operations using risk-oriented models. If a single personal wallet regularly receives a large amount of funds from various individuals, the bank may block the account to clarify the circumstances.
Fundraising for charitable or non-business purposes is allowed if the bank is notified in advance about the nature of the receipts. However, regular receipts from various individuals may be considered a potential risk and are subject to verification.
The use of cash registers and issuing receipts does not exempt from the obligation to accept payments into business accounts. Receiving money into a personal electronic wallet during business activities is considered a violation regardless of the use of cash registers.
Banks assure that the process of opening a business account or business wallet can be done quickly, even remotely, provided there is tax registration. However, some entrepreneurs still prefer to use personal wallets due to the absence of fees for personal transfers and differences in acquiring rates.
By the resolution of the Government of the Kyrgyz Republic dated December 23, 2015, a list of types of activities for which cashless payment methods are mandatory was approved, including 18 areas such as wholesale trade, pharmacies, gas stations, and catering establishments.
The Tax Service recognizes the importance of explanatory work and conducts it within its authority. Issues of banking regulation fall under the jurisdiction of the National Bank and commercial banks. The Tax Service is ready to expand joint explanatory activities with the National Bank and commercial banks to reduce the level of misunderstanding and concern among entrepreneurs.
