The sale of alcoholic beverages is allowed only to certain businesses that comply with certain conditions and requirements. To perform this process, you must obtain a license, and the organization of the sales process itself must be carried out according to certain rules. If entrepreneurs violate the terms of the law, then severe penalties will be applied to them.

Legislative regulation

The process of selling alcohol is regulated by the Federal Law No. 171, and numerous amendments are regularly made to it. At the beginning of 2018, sellers were notified of the tightening of the alcohol sales process. The changes concern not only trade establishments, but also manufacturers.

On January 1, 2018, a special grace period began, during which all producers and sellers of alcohol must make numerous adjustments to their business in order for it to comply with the requirements of the law. This delay lasts for six months, after which the organizations will be subjected to strict checks, the main purpose of which will be to identify violations. The law on the sale of alcoholic beverages provides that from July 1, 2018, various sanctions will be applied to violators.

Numerous changes will affect not only entrepreneurs, but also direct consumers. The main purpose of the changes is to combat the illegal creation of alcoholic beverages. Additionally, a transparent and understandable system will be created to control the production of alcohol and its sale. At the same time, an increase in the cost of production is expected, which will have a positive effect on the fight against alcoholism.

What additions have been introduced?

The changes apply to all citizens and companies specializing in the production or sale of alcoholic beverages. The sale of alcoholic beverages will be allowed from July only if there is a new business format.

The number of problems and worries will also increase for the regulatory authorities, as they will have to regularly conduct inspections designed to determine whether numerous legislative requirements are being complied with.

The main additions that were introduced in 2018 include:

• sale of alcoholic beverages via the Internet is not allowed;
• the equipment used to create such drinks must be properly registered;
• individuals cannot transport in a car more than 5 liters of alcohol-containing products that do not have a label;
• due to the widespread introduction of the EGAIS system, reliable and effective protection against the sale of alcohol at the wrong time will be ensured, and the receipt will also contain information about the brand of the purchased drink;
• the punishment applied to citizens or companies that violate the legislation in the field of production and sale of alcohol is significantly toughened, and not only significant fines are imposed, but it is even possible to apply criminal liability for violators.

By changing the information in the law, amendments were introduced to the Administrative Code. Local authorities have the ability to amend legislation, but only in the direction of tightening, not softening.

The nuances of selling on the Internet

Since the beginning of 2018, the sale of alcohol through various sites has been completely prohibited. This restriction on the sale of alcoholic beverages is due to the fact that citizens often buy such drinks at the wrong time. If the requirements of the law are violated, then the Code of Administrative Offenses provides for serious penalties:

• individuals pay a fine in the amount of 3 to 5 thousand rubles;
• for officials, a fine is assigned, ranging from 25 to 40 thousand rubles;
• companies will be required to pay from 100 to 300 thousand rubles.

Such tough measures will contribute to the fact that companies and citizens will really take a responsible approach to the requirements of Federal Law No. 149. On the basis of this law, the blocking of those sites is carried out on the pages of which advertising products containing alcohol are located. Due to this measure, it is planned that the amount of alcohol consumed by Russian citizens will be reduced.

Additionally, the Ministry of Finance is independently developing a special project, on the basis of which the sale of alcohol via the Internet will be officially prohibited.

How to register equipment correctly?

The changes also affected the equipment designed for the creation of various alcoholic beverages. The sale of alcoholic beverages is permitted if these beverages are created on high-quality and properly registered equipment. If the use of illegal devices and units is revealed, then significant fines are imposed, and not only against companies, but also individuals. The punishment is represented by large fines:

• for individuals - from 3 to 5 thousand rubles;
• for officials - from 20 to 50 thousand rubles;
• for companies - from 100 to 150 thousand rubles.

Additionally, significant fines are introduced for the use of pharmaceutical ethyl alcohol in the production process.

What are the restrictions on the rules of transportation?

In Art. 14.17 of the Administrative Code indicates that since the beginning of 2018, certain restrictions have been introduced in the process of transporting alcoholic beverages. Individuals cannot transport large quantities of unmarked alcohol in a car, and it does not matter where it was produced. For such a violation, a fine is imposed in the amount of 3 to 5 thousand rubles. Additionally, all products will be seized.

It is allowed to carry no more than 5 liters per person.

Nuances of introducing the EGAIS system

It already operates in many trade organizations. The rules for the sale of alcoholic beverages are that such a system controls the possibility of selling alcohol at unauthorized periods of time. Additionally, it is guaranteed that there is no possibility that illegal alcohol will get into retail sale.

The EGAIS system makes it possible to create a single database, which includes all types of alcohol. Each checkout will have a special scanner to control the sale of alcoholic beverages. He will be connected via the Internet with this base. When using this equipment, information is read from the excise stamp, and this information will additionally be duplicated on the check.

The indisputable advantage of such an organization of the sale of alcoholic beverages is that each customer can receive a lot of important data about the purchased drink.

Additionally, the possibility of introducing a special GOST for brandy is being developed, since the turnover of illegal cognac is considered too high. Based on the amendments, brands are allocated to a separate alcohol category. This will improve its quality, as well as simplify the process of work of regulatory bodies.

Increasing punishment

Additionally, the changes affected the penalties for violation of the law. Even criminal liability is introduced for the sale of alcoholic beverages with violations. In addition to fines, arrests, involvement in community service, or even imprisonment for a fairly long period are now used. Two articles are introduced into the Criminal Code:

• Illegal alcohol production. If a substandard product is created by illegal methods, this will lead to serious penalties. They are represented by a fine of 2 to 3 million rubles, and forced labor for a period of 1 to 3 years is imposed. Additionally, imprisonment for up to three years can be applied. If a collective violation of the law is revealed at all, the fine is increased to 4 million rubles, and forced labor for up to 5 years or imprisonment for up to 5 years is imposed.
• Illegal sale of alcoholic beverages. Each company that sells such drinks must have a license to sell alcoholic beverages. For lack of permission, a fine is imposed in the amount of 50 to 80 thousand rubles. If the presence of counterfeit excise stamps is revealed, the fine is increased to 500 thousand rubles, and imprisonment for 8 years or forced labor can also be applied.

In addition, when determining a specific punishment, it is taken into account what kind of damage was caused. If the sale of alcoholic products to minors is carried out at all, then both the seller and the entire trade organization are punished.

Applying collective responsibility

The problem of youth drinking is considered the most acute for the state. It is assumed that children are primarily affected by older young people, so amendments will soon be adopted, on the basis of which not only sellers and trade organizations, but also parents will be held accountable.

The list will include citizens who, at the request of young people, purchase alcohol for them.

What days will alcohol not be sold?

Special days of sobriety have been introduced. This requirement for the sale of alcoholic beverages was supported by many regions, which, in turn, independently tightened such amendments, therefore, the number of days when citizens would not be able to buy alcohol was increased.

Alcoholic beverages are not sold on days:

• the last day of school before summer holidays;
• when holding graduation balls;
• June 1, since this day is the day of protection of childhood;
• July 27 - Youth Day;
• September 1 - the first day of school;
• September 11 is the day of sobriety.

In addition, the regional authorities are significantly increasing the number of days when it is forbidden to sell alcohol to various trade organizations. Usually this includes any city holidays.

When is the sale of alcohol permitted?

Federal Law No. 171 additionally contains information about what time it is allowed to sell alcoholic beverages. These requirements remained unchanged in 2018, so sales of alcohol after 23:00 are not permitted. In many regions, this measure has been significantly tightened, so in some cities it will not be possible to purchase products after 22:00 or 21:00.

It is allowed to start selling only from 8:00, but in some cities this time is increased to 9:00 or 10:00. Regions can exclusively increase this period of time.

Age restrictions

Quite a long time ago, information appeared about the need to amend the legislation regarding the permissible age for acquiring alcohol. Therefore, a change from 18 to 21 is planned.

The initiator of such a project is the Ministry of Health. But at the same time, the bill is still pending, therefore significant changes have not yet been introduced at the beginning of 2018.

Penalty for selling without a license

Every liquor company must pre-license this process. The exceptions are situations:

• sale of medicinal products containing alcohol;
• sale of products by an intermediary on behalf of a company with a sales permit.

In other situations, a license to sell alcoholic beverages is required. If it is absent, then penalties are applied:

• officials pay a fine in the amount of 500 thousand rubles. up to 1 million rubles, and they will also be disqualified for a period of 2 to 3 years;
• companies pay a fine of 3 million rubles or more. up to 1/5 of the profit for a year of operation, all products are confiscated, and the activities of the enterprise can be suspended for a period of 60 to 90 days.

Thus, the sale of various alcoholic beverages should be carried out by companies only taking into account many legal requirements. If they are violated, significant penalties are applied to them. They can be represented not only by large fines, but also by arrest or suspension of activities. In 2018, significant changes were made to the legislation, therefore, the penalties were tightened. Also, companies that manufacture or sell spirits must completely change the format of their business in order to legally continue to operate.

Fines for violating the rules for selling alcohol can reach 300 thousand rubles, and the company is also facing confiscation of goods. If you do not comply with the sales time when selling alcohol or sell alcohol without a license, the company can suffer big losses. What are the basic rules you need to know.

Read in our article:

If a company sells alcohol with violations, the administrative body has the right to bring it to justice (Article 14.16 of the Administrative Code of the Russian Federation). For example, if the company:

• sells alcohol without a license,
• does not respect sales hours,
• violates other restrictions.

The fine will be up to three hundred thousand rubles with confiscation of the goods.

The sale of alcohol in Russia is carried out in accordance with the "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on the restriction of consumption (drinking) of alcoholic products" (hereinafter - Law No. 171-FZ). Let's consider what requirements sellers often violate and how to properly organize the sale of alcoholic beverages.

You can sell alcohol only in stationary facilities

The sale of alcohol is prohibited in non-stationary shopping facilities (clause 9, part 2, article 16 of Law No. 171-FZ).

The Supreme Court has indicated that a stationary structure is one that:

• has a strong connection with the foundation and the land;
• joins engineering communications;
• information about which the owner entered into the Unified State Register of Rights to Real Estate and Transactions with It (definition No. G10-7 of the RF Armed Forces dated 09.06.2010).

The concept of such a structure is also contained in the law (clause 5, article 2 of the Federal Law of 28.12.2009 No. 381-FZ "On the Basics of State Regulation of Trade Activities in the Russian Federation").

It is necessary to confirm the capital nature of the building where the trade is conducted so that the company can prove that it does not violate this restriction when selling alcohol and other similar products. The documents will help with this. To create a stationary object, the developer draws up the rights to the land plot and the building permit. On the basis of this information, the court determines whether the disputed object belongs to real estate. If the object is not stationary, the company faces sanctions.

For illegal sale of alcohol will be punished in accordance with the Code of Administrative Offenses of the Russian Federation

The company was unable to challenge the fine for violation of the rules for the sale of alcoholic products. The court concluded that the applicant was trading in a non-stationary facility. The administrative body that issued the order on the fine submitted documents to the court. He presented a copy of the acceptance certificate for a temporary non-residential building of a beach entertainment complex with a cafe-restaurant, a scheme for the placement of non-stationary shopping facilities on the plots and a land lease agreement.

The court concluded that the applicant company had received a plot of land for a beach entertainment complex without the right to build real estate. The commission that signed the commissioning act had the authority to accept buildings of a non-capital nature. According to the technical data sheet, the foundation under the controversial structure is a reinforced concrete slab. Such a foundation does not indicate a strong connection between the structure and the ground (resolution of the Thirteenth AAC dated November 14, 2016 No. 13AP-24891/2016 in case No. A56-40963 / 2016).

In another case, the court also ruled that the building did not belong to stationary objects, and the company was violating restrictions on the sale of alcohol. He pointed out that the building does not have features that allow attributing the building to a fast food establishment, since there were no communications (toilet, sinks, etc.). The entrepreneur was selling alcohol (beer) in a non-stationary trading facility. Rospotrebnadzor lawfully brought the violator to justice (decision of the Samara Regional Court dated February 10, 2017 No. 4a-98/2017).

When selling alcohol, be sure to comply with local legal trading times.

As a general rule, the sale of alcoholic beverages is prohibited from 23:00 to 08:00 local time. In addition, the legislative bodies of the constituent entities of the Russian Federation have the right to introduce additional restrictions on the sale (paragraph 2, clause 9 of article 16 of the law No. 171-FZ, paragraph 12 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 11.07.2014 No. 47). In particular, when selling alcohol, it is necessary to check according to local legal acts, whether the sale is allowed until 10 pm or 11 pm, or from that time it is prohibited. Other restrictions may also apply. For example, the city may impose a ban on night trade in alcoholic beverages or the obligation to notify the trade when holding mass events (appeal ruling of the Lipetsk Regional Court dated 14.03.2016 in case No. 33-741 / 2016).

Since what time in a particular region the sale of alcohol is stopped, we indicated in the table. Please note that there may be exceptions in the legislation of the constituent entities of the Russian Federation, and in one case or another the restriction will not apply, or, on the contrary, special restrictions or a complete ban on sale is imposed. To find out in accordance with what schedule to sell alcohol in a given subject of the Russian Federation, check out local requirements.

The period during which alcohol cannot be sold	The subject of the Russian Federation
	Republic of Bashkortostan, Republic of Ingushetia, Republic of Karelia, Republic of Kalmykia, Republic of Crimea, Republic of North Ossetia-Alania, Republic of Tyva, Republic of Khakassia, Chechen Republic, Chuvash Republic, Krasnoyarsk Territory, Volgograd Region, Vologda Region, Voronezh Region, Kemerovo Region, Kostroma Region , Kurgan Region, Kursk Region, Moscow Region, Novgorod Region, Oryol Region, Penza Region, Perm Region, Rostov Region, Sverdlovsk Region, Smolensk Region, Ulyanovsk Region, Chelyabinsk Region, Yaroslavl Region, Moscow, Nenets Autonomous District (it is prohibited to sell drinks with an ethyl alcohol content of up to 16.5%).
	The Komi Republic, Bryansk region, Ryazan region, Sakhalin region, Sevastopol.
	Tambov region, Tyumen region.
	Khanty-Mansi Autonomous Okrug - Yugra
	Republic of Mari El, Primorsky Territory, Leningrad Region, Nizhny Novgorod Region, Novosibirsk Region.
	Republic of Buryatia, Altai Territory, Vladimir Region, Ivanovo Region, Irkutsk Region, Lipetsk Region.
	Altai Republic, Kirov region (on Sundays - from 22:00).
	Kabardino-Balkar Republic, Republic of Mordovia, Republic of Tatarstan, Udmurt Republic, Stavropol Territory, Khabarovsk Territory, Astrakhan Region, Belgorod Region, Kaliningrad Region, Kaluga Region, Kamchatka Territory, Magadan Region, Omsk Region, Orenburg Region, Samara Region, Saratov Region, Tver Oblast, Tomsk Oblast, Yamalo-Nenets Autonomous Okrug (see the specifics of restrictions in the regional legislation).
	Arkhangelsk region.
	The Republic of Dagestan.
	Republic of Adygea, Krasnodar Territory, St. Petersburg, Jewish Autonomous Region.
	Karachay-Cherkess Republic, Amur Region, Pskov Region.
	Trans-Baikal Territory, Nenets Autonomous Okrug (the sale of alcoholic beverages with an ethyl alcohol content above 16.5% is prohibited).
	Tula region (on weekends - from 22:00 to 12:00).
	Chukotka Autonomous Okrug (some regions have their own restrictions on the sale of alcohol).
	The Republic of Sakha (Yakutia).

If a company has violated the rules for the sale of alcohol, good reasons are needed to challenge the sanctions

The court recognized the conditions of the regional law as legitimate. The government of the republic has established a ban on retail trade in alcoholic beverages from 20-00 to 14-00 local time. The exception was trade, which was conducted by organizations and individual entrepreneurs in the provision of catering services (sale of beer, cider, Poiret, mead). The court considered that the conditions were not discriminatory for business entities (appeal ruling of the RF Armed Forces dated March 22, 2017 No. 74-APG17-3).

Make sure that the building where the company sells alcoholic products is not subject to other legal restrictions, such as local bans. Go to court if the community is illegally prosecuted.

For example, the applicant contested the points of the administrative authority's order. The court concluded that the company has the right to sell alcohol in a stationary facility on the first floor of an apartment building. The law does not limit this possibility at the federal and regional levels (Resolution of the CA of the North-Western District of 04.07.2017 No. F07-6558 / 2017 in case No. A52-2281 / 2016).

Commercial space must be rented for at least a year

According to the law, premises for the sale of alcohol must be rented for a period of at least a year (clause 10 of article 16 of the law No. 171-FZ). Pay attention to the area of \u200b\u200bthe object, as well as the type of products sold. The law provides for specific area standards. They apply to alcoholic beverages, with the exception of beer, beer drinks, cider, poiret, mead. The law requires that the total area of \u200b\u200bstationary retail facilities and warehouse facilities be at least 50 square meters at each location of a separate subdivision in urban settlements and at least 25 in rural areas (clause 10 of article 16 of Law No. 171-FZ).

There are special requirements for individual entrepreneurs

If you are an individual entrepreneur, prove that you are engaged in the provision of catering services. The law allows individual entrepreneurs to sell alcohol in non-stationary trading facilities. The rules for individual entrepreneurs state that entrepreneurs can sell beer and beer drinks, cider, poiret, mead when it comes to providing catering services. At the same time, the fast service facility must be equipped with engineering systems and equipment (toilet, washbasin, hot and cold water supply, etc., see, for example, the resolution of the Samara Regional Court of 13.05.2016 No. 4A-522/2016).

Read on

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  Read the eight unspoken registration rules. Based on testimony from inspectors and registrars. Suitable for companies that have been tagged by the Inspectorate of the Federal Tax Service.

  
  Fresh positions of courts on controversial issues of recovery of legal costs in one review. The problem is that many details have not yet been written into the law. Therefore, in controversial cases, focus on judicial practice.

  
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From January 1, 2018, the sale of alcohol will be carried out within the framework of the EGAIS mechanism, which will automate the current accounting system. The authorities intend to reduce the scale of the "gray" market and increase the revenue side of the budget. The Ministry of Finance plans to legalize online alcohol trade, which will become a new driver of market growth.

Next year, entrepreneurs who sell alcohol are required to use EGAIS. This accounting system allows tracking the movement of products, which will become an operational tool for monitoring the actions of market participants.

Strengthening control over the alcohol market will have a positive effect on the quality of products, officials say. In addition, the authorities expect to inflict a crushing blow on the shadow market, which will significantly increase the revenue side of the budget.

Within EGAIS, all retail outlets must be equipped with special devices - scanners that read the necessary information placed on the label. At the same time, information online is fed into a single system, which allows you to control the legality of a trading operation. Also, an additional control tool will appear among ordinary consumers.

In particular, the new rules for the sale of alcohol in 2018 will apply to entrepreneurs who sell beer. However, in this case, the legislative field allows for a simplified mechanism for accounting for sold products.

Business representatives who trade in beer are required to purchase a special key - JaCarta. With this tool, an entrepreneur will be able to confirm purchases of alcohol in the accounting system. Also, the individual entrepreneur will have to obtain a qualified electronic signature and keep a log book. Unlike the sale of strong alcohol, a beer outlet may not be equipped with a special scanner.

The sale of alcohol from January 1, 2018 through EGAIS creates additional opportunities for verifying the authenticity of the purchased products.

Towards transparency

With the help of EGAIS, consumers will be able to easily distinguish a fake from a genuine alcoholic beverages. Special software will allow you to quickly check the origin of the purchased products. Including all catering representatives who sell alcoholic beverages should switch to EGAIS.

Basic information for the consumer is displayed on the receipt: bottle number and a special two-dimensional code. The authenticity of the latter can be checked using the application installed on the smartphone. Thus, consumers will be able to verify the authenticity of products online.

The EGAIS developers have provided options for the operation of the outlet if the Internet disappears. In this case, the information is recorded on a special drive, which will transmit information about all operations performed after the connection is restored. However, such operations can only be carried out within three days.

Trade in alcohol from January 1, 2018 without connecting to the accounting system will result in an impressive fine. Financial sanctions for violating companies reach 150-200 thousand rubles, while the head will have to pay 15 thousand rubles.

In addition to the accounting system, officials next year propose to legalize the online alcohol trade. This issue continues to be discussed by representatives of the Ministry of Finance and the Ministry of Health, considering various aspects of online trading.

Online trading

The Ministry of Finance plans to legalize the sale of alcohol via the Internet, which will become a new driver for the development of distance selling. At the first stage, the department proposes to issue appropriate licenses only for manufacturers and companies that are engaged in wholesale trade. For retail and catering, licenses will become available from 2021.

The Ministry of Industry and Trade notes the significant potential for the development of alcohol trade via the Internet. According to the agency's estimates, more than 80% of requests for the purchase of alcoholic beverages remotely fall on persons over 25 years old. At the same time, the risks from such trading will be minimal, since premium alcohol will most often be purchased on special occasions.

The solution to this issue continues to be discussed at the government level; the Ministry of Health and Rospotrebnadzor oppose the initiative of the Ministry of Finance. The Ministry of Health fears an increase in alcohol consumption, which will lead to a deterioration in the health of citizens.

The sale of alcohol next year will be carried out through EGAIS. A unified accounting system will allow you to quickly monitor trade operations in the alcohol market and minimize the scale of sales of counterfeit alcohol. Beer sales from January 1, 2018 will also be carried out through the Unified State Automated Information System, however, in this case, entrepreneurs will not be able to equip outlets with special scanners.

Another innovation that may take effect in 2018 is the sale of alcohol over the Internet. The government continues to discuss possible options for implementing this initiative.

See video on the change in the procedure for selling alcohol from 2018:

With each new year, certain changes are made in all sectors of the economic sector, the sale of alcoholic beverages is also no exception, and will appear. First, let's try to understand the term EGAIS, which is not familiar to everyone. EGAIS is short for a unified state automated information system. Why such a system is needed and how it is used, we will consider in our article.

The information system is focused on organizing state control over the production and sale of alcoholic beverages throughout our country. The basis for its development was the fact that according to statistics, about thirty percent of all alcohol produced in the country is produced illegally. If we transfer statistical data to a real situation - when entering an alcoholic goods store, every third of those. what you see on the window is illegal.

This situation makes it necessary to introduce new rules for the trade in alcoholaimed at reducing the turnover of sales of illegal alcohol. For entrepreneurs whose activities are related to the sale of alcoholic beverages, this is another stress, because all innovations bring with them certain costs and changes in the established rhythm of work. Next, we will try to answer all the questions that alcohol sellers might have, and also take a closer look at the essence and principle of operation, as well as connecting to the EGIAS, the timing of when it is necessary to connect to the system and what is required for this. In fact, the introduction of such a control method will not necessarily complicate the work of the business, and for some, on the contrary, it will make it easier.

The main condition for all entrepreneurs who own any retail outlets selling alcoholic beverages at retail is the provision of all information to the information system. Every purchase a business owner makes should be accounted for, even if you only sell beer drinks in your store or cafe.

Six months later, the new rules for alcohol trade will affect not only information on purchases, but also on the sale of commodity units. Thus, every product, even if it is one bottle of beer, must pass through EGIAS. This innovation is spelled out in a separately formulated law, which has number 182 of federal legislation.

What is the principle of operation of a unified state system of accounting and control for retailers, we will consider further.

Alcohol supply.

For the first time, a distributor is faced with an accounting system at the initial stage of activity - receiving goods ordered from the manufacturer. At the time of receipt of the goods, you will need to verify its real quantity with the one indicated in the electronic and paper invoice. What is necessary in order for the fact of receipt of the order to be noted in EGAIS? First of all, you will need to install on your computer a specialized product accounting program that supports EGIAS. After that, the document is sent to the computer in electronic form from this accounting system. You only continue to accept the order if the actual information and the invoice data are identical by accepting the invoice given by the supplier. If, upon receipt of the order, you find a shortage or any other discrepancy between the order and the data specified in the invoice, then you have two options. You can simply reject such an invoice or draw up and certify an act of non-compliance. The same should be done in the event that the excise tax on any product is damaged or does not meet the established requirements.

If, when checking the received products, its quantity and quality meets expectations and does not cause suspicion, the fact of receipt of the goods is confirmed in EGIAS. All information about the purchase must be entered into a specially developed program, which will also have to be installed on a computer, it is called that - the cash program. It must meet a number of requirements that are officially established by the information system.

Every container with alcohol that is legally produced must have a brand name. A special two-dimensional type barcode is applied to it, which is called Micro PDF417... It is this code that carries information about the product, manufacturer and the availability of a license for its manufacture.

EGIAS alcohol in retail since 2016 - sale.

So, you have verified the invoices with the order, transferred the data about the received product and placed it at the outlet. From that moment on, it goes on sale and can be bought by the consumer. Before the sale of alcohol is carried out, and the buyer's money goes to the cashier, the seller must scan the goods through a special scanner in order for the unit to be displayed on the receipt. In this case, the cash program will automatically reformat the sales data into a file of a different type and transfer it to the USP or universal transport module. This application is responsible for the control and speed of information transfer to the server of the Russian alcohol regulation. After the sale of alcohol is made, the program creates a receipt that has an electronic signature of your outlet, as well as a barcode. This receipt is sent to the cashier and only after that the cashier's receipt is considered closed. With this sequence of actions, every sale that took place in the outlet will be recorded online after you connect to EGIAS.

Sale completed, further actions.

After the consumer makes a purchase and pays for it, he will receive a check in his hands as a fact of confirmation of this action. This check will differ in that it contains a two-dimensional barcode, as opposed to a regular sales receipt. Only such a check can confirm the fact of registration of the sale in the unified state automated information system. Regardless of how many units of alcoholic beverages a person has purchased, there is always one barcode on one check. With the help of a special program that is installed on a mobile phone, the barcode from the check can be read and checked all information about the purchased product.

If a new rules for trade in alcoholic beverages from January 1, 2016 will be carefully observed and implemented by all sellers, then the consumer will not need to check the conformity of the goods to the quality. If the code on the product cannot be read by the scanner, then the product you are trying to sell is illegal and is blocked by the system. This is how EGAIS should work for the retail sale of alcoholic beverages. However, like any technical product, it can sometimes get lost and work can be disrupted.

What to do if the system goes awry.

Often in retail outlets, especially if they are located in small villages or in areas remote from the center, there are problems with the Internet. If the connection suddenly disappears, then after that it will be possible to continue selling the goods for some time. The cash register program will remember information about each of them. After the connection is restored, the software will automatically transmit all the information. The ability to close the check will also be preserved. According to the existing developments, the information system in retail will be able to work offline for no more than three days. If after this time the Internet connection is not restored, the owner will have to stop selling alcohol before the Internet reappears.

When you need to connect the system at the point of sale.

The need to install all programs and connection to EGIAS will arise from January 1, 2016... From that day on, all entrepreneurs whose activities are related to the sale of alcoholic beverages must record each purchase in the accounting system. This requirement applies not only to retail outlets that are located in cities and metropolitan areas, but also to village and town shops too. After July 1 of next year, sellers will need to provide information not only on purchases, but also on the retail sale of each unit of goods.

From the beginning of the new year until the end of April, for those who are engaged in the retail sale of alcoholic beverages, there will be some benefits and concessions that have been established by the leadership of the alcohol trade regulation service. Of course, they do not exempt from the obligation to install all the necessary components of the EGIAS before the end of this year. But those unforeseen problems or circumstances that entrepreneurs may face in the process of introducing new technologies are also taken into account. Of course, the sale of alcohol from January 1, 2016 must certainly be carried out using the Unified State Automated Information System, but if there are any errors in its use, misunderstandings or shortcomings, there will be no severe and serious punishments at the initial stage of implementation.

EGIAS retail alcohol since 2016 for beer.

Just as beer is recognized as an alcoholic beverage, the innovation also applies to its purchase. Since the new year, sellers who have beer or low-alcohol drinks, mead, cider or beer in their assortment are also obliged to provide information on the purchase of this product in a unified information system. The start date for the distribution of goods through this system for beer sellers is the same as for other distributors of alcoholic beverages - January 1st. But unlike sellers of other alcoholic beverages, it is not necessary to record the sale.

Application of EGIAS in the catering business.

There is no clause in the legislation that would indicate the need to use a unified accounting system in public catering places. But, if a cafe or restaurant sells alcohol-containing products, then the owner must record all procurement operations. Consequently, he will also need to install special programs on a computer and connect to EGAIS in order to transfer data. The sale of alcoholic beverages in public catering places does not need to be taken into account in the EGAIS.

Who is not covered by the need for accounting through EGAIS.

There are certain categories of entrepreneurs who are exempted from keeping records under the system on a temporary basis. These include:

All enterprises and organizations that sell alcohol, if they are located in the territories of Crimea or Sevastopol. This exemption applies to those traders who sell alcoholic beverages in retail trade or sell beer or low alcohol drinks at retail. These territories have their own time frames for joining the EGAIS system. For urban-type settlements and cities, it is necessary to introduce an accounting system from the first day of 2017, and for those retail outlets located in villages or villages, the delay in installing a unified accounting system is two years. The installation and connection of this function will need to be done before the first day of 2018.

If your outlet is located far from large cities, in settlements where there is often a problem with the Internet connection, and the population is less than three thousand people, then you get a deferral for accounting for sales for one year. That is, the sale of alcoholic beverages you will need to take into account in EGAIS only from July 1, 2017. But be sure to pay attention to the fact that this indulgence only applies to the sale of goods, the accounting of purchases still needs to be started simultaneously with the rest of the entrepreneurs. That is, January 1, 2016.

Some business owners are even more fortunate, and they have the right not to connect to a single system in principle. Who has such an opportunity, we will list below:

Companies and factories for the production of beer and low-alcohol drinks, the amount of production of which does not exceed three hundred thousand decaliters annually;

Organizations that are engaged in the production of wine and champagne on the basis of actually grown grapes;

If we talk about reporting information regarding sales, then catering places such as cafes and restaurants, as well as points that sell beer or low-alcohol drinks at retail, are exempted from its provision.

Sale of alcohol via the Internet.

The current legislation lacks a law that could assert the legality of the sale of alcoholic beverages on Internet sites. The authorities are directly involved in this issue, and a solution to this problem is planned soon. So far, only the main points have been highlighted that will need to be spelled out in this kind of law. First of all, it is necessary to clearly indicate the age limits of persons purchasing alcohol in this way. Secondly, to limit the sale time to certain limits.

A document containing information on the accounting of alcohol trade.

The entrepreneur must keep a journal where all the data about what product was sold in the store and its characteristics are entered. The need to maintain such records will appear from the first day of the new year. The number, code and name of the product, the date of its retail sale, information on the volume and the number of units, as well as the code of the type of alcohol unit itself must be recorded here. There is no need to specify information about the supply of alcoholic drinks in the magazine. There is a certain form for maintaining such documentation, which was approved by order number 164 in June this year. The journal can be kept both in a regular, paper format, and in electronic form, at the discretion of the seller. All requirements will be met if the unified accounting system is also connected to the outlet. It should also be noted that it will be necessary to keep records of all sales of alcoholic beverages through the EGAIS from July 1, while the magazine should be issued from the first day of the new year. Therefore, these two forms of accounting will need to be kept separately.

Fill in the journal where will sale of alcohol, will be needed not only by those outlets that sell alcoholic beverages, but also by sellers of beer and low-alcohol products. Even if, according to the law, an individual entrepreneur may not mark all sales in a unified information system, such information should be in the journal. Each sales center must have a separate record. It is on the basis of this data that the totals will be entered in the declarations for the tax authorities, which are filled out every quarter.

Consequences of refusal to connect to EGAIS.

Surely there will be entrepreneurs who will try to avoid meeting the new requirement and wish to trade as usual. However, if from the first day of the new year the owner does not install a unified accounting system in his store, while selling alcoholic, low-alcohol or beer drinks, he will be prohibited from working. At this stage, there is responsibility for the sale of alcohol without the required package of documents. It is identical to the one incurred by the seller in the absence of EGAIS accounting from January 1, 2016. For a legal entity, the fine will be up to twenty thousand, and for an individual fifteen thousand rubles. The corresponding law is spelled out in the Administrative Code.

From July 1, the same penalty will be applied to the sellers who, having installed the entire EGAIS package, do not use it in trade and do not pass the goods through the scanner during the sale. This problem can arise if the owner receives a product, the excise tax on which is damaged and is not perceived by the scanner. Then the violation can be considered unconscious. But the sale of such alcoholic beverages will still be considered a violation and illegal trade in alcoholic beverages. If you have a product in your warehouse or in a large delivery that has certain problems with excise stamps, it is advisable to sell it before July of the new year. Since the system is new for most entrepreneurs, problems and errors are likely to occur when using it. Taking this into account, the alcohol trade regulatory authorities made decisions until April not to apply penalties to the sellers, but only to point out errors and shortcomings.

Since April 20th is the deadline for filing declaration reports for the first annual quarter, the tax inspectorate will reconcile the data that came through EGAIS and those indicated in the declaration. If inconsistencies and inconsistencies in data are found in the documentation, this can lead to the application of all the measures specified above. An entrepreneur can even lose his business license.

Is it possible to postpone the implementation of the system to 2018.

Many entrepreneurs who work in the retail alcohol business have been talking about this for a long time. There were certain speeches and proposals regarding the postponement of the implementation of the program, which served as the basis for the appearance of these rumors. However, in reality, no transfers are planned and new rules for trade in alcoholic beverages from January 1, 2016 will enter into force.

Beer, as well as cider, Poiret, mead and other beer-based drinks are alcoholic products. When selling beer, one should take into account the rules governing the trade in alcohol, but with some peculiarities. Interested in this line of business? Then read our article, in it we will talk about the most important issues when trading beer and beer drinks:

• can an individual entrepreneur sell beer;
• do i need a license to sell beer;
• what are the restrictions on the sale of beer;
• whether beer sellers need to connect to EGAIS;
• when selling beer does not need a cash register;
• what OKVED codes to select for the sale of beer;
• what kind of reporting on sales volumes must be submitted.

Can an individual entrepreneur start trading in beer

We will immediately answer that individual entrepreneurs have the right to sell beer. Why does this question arise at all? Are there any bans on the sale of alcohol related to the legal form of the seller (individual entrepreneur or LLC)? There really is such a prohibition, it is established by Article 16 of the Law of 22.11.1995 No. 171-FZ.

According to it, only organizations are allowed to sell strong alcohol. Why this is not explained, but the fact remains - only legal entities have the right to trade in spirits and wines. An exception was made only for individual entrepreneurs - agricultural producers who sell wines and champagne of their own production.

Regarding the sale of beer, the same article states that "Retail sale of beer and beer drinks, cider, poiret, mead is carried out by organizations and individual entrepreneurs." Pay attention - retail sale! The fact is that there is also the norm of Article 11 of Law No. 171-FZ, and it allows the wholesale turnover of alcohol and beer only to legal entities.

Thus, individual entrepreneurs have the right to sell beer and drinks based on it only at retail. And in order to produce and sell beer without restrictions, you need to register a company.

Do I need a license to trade beer

And here everything is simple - a license to sell beer is not required. Again we read Law No. 171-FZ, Article 18 on issuance: “… except for the production and circulation of beer and beer drinks, cider, Poiret, mead”. So, the sale of beer without a license in 2019 does not threaten anything, there are no penalties for this. True, certain restrictions and requirements for organizing the sale of beer still exist, and we will tell you about them further.

Beer sales conditions

This is, perhaps, the most important information that you should read before organizing a beer trade. Given that beer is an alcoholic beverage, it is clear that it should not be available anywhere and at any time.

Beer alcoholism develops quickly and imperceptibly, which is especially dangerous for children and women. And if for beer traders large volumes of sales are profit, then buyers of a foamy drink pay for their excessive consumption with their health. It must be sympathetic to the prohibitions established in Article 16 of Law No. 171-FZ, ultimately they act for the good of the whole society.

• children's, educational and medical institutions;
• sports and cultural facilities;
• public transport of all types and stops;
• markets, train stations, airports and other places of mass gathering of citizens (with the exception of catering establishments);
• military facilities.

2. Beer can only be sold in stationary retail facilities, so the building must have a foundation and be entered in the real estate register. That is, such temporary structures as stalls and kiosks are not suitable for selling beer, with the exception of catering establishments. As for the area of \u200b\u200ba shopping facility, if, in addition to beer, strong alcohol is sold, then the following restriction applies:

• not less than 50 sq. m in cities
• not less than 25 sq. m. in the countryside.

When trading only beer, there are no restrictions on the area.

3. Beer sale time is limited from 8 to 23 hours, except for catering outlets.

• the seller - from 30 to 50 thousand rubles;
• an official (individual entrepreneur or head of an organization) - from 100 to 200 thousand rubles;
• legal entity - from 300 to 500 thousand rubles;

If there is any doubt about the age of the buyer, the seller must request an identity document. In addition, criminal liability is possible for selling beer to minors. Be aware that police often carry out control raids involving young people in order to instigate such illegal sales. Better to play it safe and ask for a passport, even if the buyer looks old enough.

5.From January 1, 2017, production and wholesale trade is prohibited, and from July 1, 2017 - retail sale of beer bottled in plastic containers with a volume of more than 1.5 liters. Fines for violation: from 100 to 200 thousand rubles for individual entrepreneurs and from 300 to 500 thousand rubles for legal entities.

6. Additional restrictions on the sale of beer may be imposed by local authorities. So, in many municipalities, the sale of beer in retail outlets located in apartment buildings is prohibited. We recommend that you find out all the rules in your local administration or the Federal Tax Service Inspectorate before you start trading in beer.

EGAIS - beer sale

EGAIS is a state system for controlling the production and circulation of alcohol. Do you need EGAIS to sell beer? Yes, of course, but in a limited format. Organizations and individual entrepreneurs purchasing beer for further retail sale are obliged to connect to the system for years only to confirm purchases of bulk lots from legal producers and suppliers.

To connect to EGAIS, you need to obtain a special electronic signature and register on the official website of Rosalkogolregulirovanie. We described in detail how to do this. After registering in the system, the buyer receives his identification number (ID), and the supplier draws up invoices for him, reflecting them in the EGAIS. After the consignment of goods is accepted by the buyer, the supplier writes off the delivered products from their balances in the Unified State Automated Information System, and it is recorded for the buyer.

Confirmation of the fact of the sale of each bottle of beer, as is the case with strong alcohol and wine, is not required, therefore, trade in beer through EGAIS is easier than other alcoholic beverages. The main thing here is to confirm that the wholesale batch of beer was purchased legally.

Please note that trading in beer without a cash register is punishable separately under Article 14.5 of the Administrative Code of the Russian Federation:

• for individual entrepreneurs and heads of organizations - from ¼ to ½ of the calculation amount, but not less than 10,000 rubles;
• for the organization - from ¾ to the full amount of the calculation, but not less than 30,000 rubles.

New OKVED codes for beer trade

Please note that when registering an individual entrepreneur and LLC, only the classifier is used. Use the new 2019 OKVED codes to indicate activities related to the beer trade.

For wholesale beer trade:

• 46.34.2: Wholesale trade of alcoholic beverages, including beer and edible ethyl alcohol;
• 46.34.23: Wholesale trade in beer;
• 46.17.23: Beer wholesaler agents.

For beer retail:

• 47.25.1: Retail sale of alcoholic beverages, including beer, in specialized stores;
• 47.25.12: Retail trade in beer in specialized stores.
• 47.11.2: Retail sale of unfrozen products, including drinks and tobacco products, in non-specialized stores;

For trade in beer in public catering:

• 56.30: Activities of bars, taverns, cocktail rooms, discos and dance floors (with a predominantly beverage service), beer bars, buffets, phyto bars, drinks vending machines.

Important: if you registered an individual entrepreneur or LLC before July 11, 2016, then you do not need to make any changes to the codes, the Federal Tax Service will independently correlate your old and new OKVED codes entered in the registers.

But if you decided to start selling beer after mid-2016, and the corresponding codes were not entered immediately upon registration, then you must inform about the new type of activity using the forms (for individual entrepreneurs) and P13001 or P14001 (). In this case, indicate the codes according to OKVED-2, as indicated above.

Reporting on the sale of beer

From January 1, 2016, sellers of alcoholic beverages, including beer, are required to keep a register of the volume of retail sales. The form of the journal and the procedure for filling it out are approved by the Order of the Federal Alcohol Market Regulation dated June 19, 2015 No. 164.

The magazine must be filled in daily, no later than the next day after the sale of each container or package of alcohol, including beer. At the end of each day, the sales data are filled in: name, product type code, volume and quantity. This is how a sample magazine looks like, posted on the website of the state organization FSUE "CenterInform", which issues an electronic signature for connecting to the EGAIS.

A fine is imposed for the absence of a magazine or its incorrect keeping - from 10 to 15 thousand rubles for individual entrepreneurs and from 150 to 200 thousand rubles for organizations.

In addition, according to the results of each quarter, no later than the 20th day of the next month (April 20, July, October, January, respectively), it is necessary to submit to Rosalkogolregulirovanie a declaration on the turnover of beer in form No. 12. The declaration form and the rules for filling it out are approved by the Government decree of August 9, 2012 No. 815.

Let's summarize:

1. Beer can be sold not only by organizations, but also by individual entrepreneurs, although only retail trade for final consumption is allowed for them.
2. No beer license required.
3. Consider the legal restrictions on the place, time and circle of buyers when selling beer.
4. It is impossible to legally purchase a batch of beer for further sale without connecting to the Unified State Automated Information System, so you need to register on the Rosalkogolregulirovanie website. After that, the system will need to confirm each time the purchase of a batch and reflect the remaining products.
5. From March 31, 2017, the sale of beer, including in public catering, is possible only with the use of a cash register, regardless of the tax regime.
6. Since July 11, 2016, only OKVED-2 has been applied for registration purposes. Indicate the OKVED codes for the sale of beer from our selection, they correspond to the current classifier.
7. Keep a register for alcohol retail and submit beer sales declarations on time.