The use of personal electronic wallets and QR codes to receive payments for goods and services within a business framework is a violation of the law. The State Tax Service emphasizes that from December 31, 2026, the conduct of control measures has been suspended; however, the responsibility for compliance with the rules remains with commercial banks. Under the "Know Your Customer" policy, banks must identify suspicious transactions that may indicate business activities being conducted through personal accounts.
The National Bank of the Kyrgyz Republic may also impose measures against banks in case of insufficient control. Previously, before the introduction of administrative liability, the State Tax Service sent information about cases of using personal wallets in business activities to banks and the National Bank, which took appropriate measures.
Tightening control over the use of QR codes is linked to the risks of tax evasion, especially among large taxpayers, to whom the moratorium on inspections does not apply. In some cases, it has been found that companies accept payments into their employees' accounts, for example, in the catering sector, where payments are made to the electronic wallets of waiters instead of the organization's settlement account.
Using a personal wallet for business purposes is subject to administrative liability. The first violation results in a warning, while in the case of a repeated violation, fines are: for individuals — 5,000 soms, for legal entities — 20,000 soms. In case of a repeated violation, the fines increase: 13,000 soms for individuals and 65,000 soms for legal entities.
It is important to note that the State Tax Service does not have direct access to citizens' electronic wallets. Information can only be obtained based on a court decision. Violations are identified during control measures, including raids and test purchases. If a QR code is linked to an individual, it is considered a signal of a potential violation.
A moratorium has been established for markets and part of retail trade, so the focus is on explanatory work. However, control over large taxpayers and VAT payers is conducted more closely, considering the increased risks.
Consumer protection legislation and banking legislation do not contradict each other. The consumer protection law obliges sellers not to restrict buyers in payment methods, while banking legislation requires that cashless payments go through correct business accounts.
Commercial banks conduct remote monitoring of transactions using risk-oriented models. If money is regularly received in one personal wallet from various individuals, the bank may initiate account blocking for further investigation of the nature of the transactions.
Collecting funds for charitable purposes in personal accounts is allowed provided that the bank is notified about the nature of the receipts. Rare receipts, such as from parent committees, are not considered risky; however, regular transfers are perceived as a risk factor and are subject to verification.
The use of a cash register and issuing receipts does not exempt one from the obligation to accept payments into a business account. Receiving money into a personal electronic wallet within a business context is a violation, regardless of the use of a cash register.
Commercial banks report that opening a business account or business wallet can be done quickly, including remotely, if there is tax registration. Nevertheless, some entrepreneurs continue to use personal wallets to avoid fees and differences in rates. Misunderstanding the differences between personal and business accounts also plays a role.
It should be noted that by the resolution of the Government of the Kyrgyz Republic dated December 23, 2015, a list of types of activities for which cashless payment (POS terminals and/or QR payments) is mandatory has been approved. This includes 18 areas, such as wholesale trade, pharmacies, and catering establishments.
The State Tax Service recognizes the importance of informational work and conducts it within its powers. Banking regulation issues fall under the jurisdiction of the National Bank and commercial banks. The State Tax Service is ready for further cooperation with the National Bank and the Bankers' Union to raise awareness and prevent misunderstandings among entrepreneurs.
