Gasoline consumption with credit and debit cards if they pay an additional commission

Customers must be alert so that they are not charged additional fees for the use of digital means of payment, outside of what the Law establishes.

“You put $ 10 off gasoline and to pay with Debit they charge you commission of $ 0.22. Under what concept are you charged more for using a card at gas stations? We are now 2022, please, it is not fair that they charge us additional amounts ”. Luis Eduardo Jácome, sports journalist, joined in recent days the criticism of consumers Ecuadorians on commissions additional consumption with Credit cards Y debit.

Faced with this type of claim, the main question is whether it is legal to collect this type of commissions; and, on the other hand, if that happens in another type of transactions that are not related to fuels.

In the first place, it is worth explaining that business establishmentsBefore offering digital means of payment to their customers, they must sign contracts for the provision of those services with any of the financial entities from the country.

Within these contracts, and covered by the resolutions of the Monetary and Financial Policy and Regulation Board, the maximum rates that banks and cooperatives can charge stores and businesses are established for the payment service with Credit cards Y debit.

According to the Association of Private Banks (Asobanca), when asked by LA HORA newspaper, the charge for this bank service Payments with Credit cards, revolving credit and current credit correspond to 4.02% of the purchase amount plus VAT. In the case of debit cards and prepaid, the percentage reaches 2% of the purchase plus VAT.

Who should bear the commission for the service?

Article 50 of the Organic Law for the Defense of the Consumer establishes that the price to pay with credit card it will be the same as cash. In other words, establishments that accept this payment mechanism cannot apply surcharges.

In turn, the resolutions of the Monetary and Financial Policy and Regulation Board clearly specify that commercial establishments are prohibited from transferring the commissions for the service of digital payments to customers or consumers.

In other words, in the amount of the purchase can not be charged additional costs. However, there is only one exception.

The invoice for consumption from gasoline with credit card Y debit if it has a surcharge allowed by current regulations.

Thus, in each tank, regardless of the value, the Ecuadorian consumer must assume a commission of $ 0.20; plus 12% VAT.

In May 2019, during the government of former President Lenín Moreno, that commission was reduced by 13% from the previous value of $ 0.23.

This time it was the last in which a comprehensive review was carried out and the costs of 23 banking services were reduced.

During the current government of Guillermo Lasso, only the cost of $ 0.22 that had to be paid to receive transfers from one account from one bank to another has been eliminated. (JS)

Actualmente, el 80% de las comisiones bancarias tiene tarifa 0%

Unawareness opens the door to abuse

Although it is expressly prohibited, it is reported that between 15% and 20% of businesses charge a surcharge to customers for card payments. This causes the final price to be higher than when it is paid in cash.

Antonio Fernández, financial advisor, explained that many consumers assume this surcharge because they are unaware of the rule, and also do not review their invoices or account statements.

Citizens can claim this type of abuse in the financial institutions that issue the cards, the Superintendency of Banks and the Ombudsman’s Office. Depending on the case, the sanctions may include the cancellation of the digital services contract and the withdrawal of the technological equipment to carry out the transactions.

Use of electronic means of payment increases, but has obstacles

According to the Association of Private Banks (Asobanca), transactions in digital banking channels grew around 30% in the last year

However, this growth could be even higher in the country if “there were no regulations that discouraged commercial establishments from implementing these collection systems.”

For example, Resolution NAC-DGERCGC15-00000284 of the Internal Revenue Service (SRI), which establishes that financial entities act as VAT withholding subjects on purchases made with credit and debit cards.

This measure causes cash flow problems for businesses, especially the smallest ones, since, when they charge with a card, the money that is withheld for the tax is no longer available in cash, from the moment the payment is made. purchase until when the establishment must make the declaration and payment of VAT.