Fiscalization

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Fiscalization is a system designed to avoid retailer fraud in the retail sector. It involves using special cash registers or software to accurately report sales, helping prevent tax evasion. Fiscalization laws about cash registers have been introduced in various countries to control the grey economy by ensuring that all retail transactions are properly recorded and taxed, thereby reducing the possibility of fraud.

Fiscalization law mostly covers:

  • how the electronic cash register should work (functions),
  • how the related retail processes should be designed,
  • which data should be saved and how,
  • which reports for the authorities should be created,
  • how and when should reporting be done

Fiscalization is, in many cases, linked to other laws, such as laws related to accounting, taxation, consumer protection, data protection and privacy.

It's common for fiscalization law to be confused with fiscal law. Fiscal law and fiscalization are different things in finance and taxes. Fiscal law is about the rules a government makes for handling its money and taxes. This includes how to collect taxes and manage spending. Fiscalization is more specific, focusing on how to stop tax evasion, especially in retail.

In case of fiscalization laws, every government is basically following the same philosophy:

  • the tax-related data of every transaction should be stored safely in a manner in which data manipulation is not possible after the transaction is closed
  • reporting to the tax authority about stored tax related data should be possible any time and without any data manipulation

Based on this philosophy, different governments are defining different regulations that must be implemented in the different areas of the retailer's environment.

For example, fiscal law in Portugal is specifying that VAT-related data are regularly sent to the authority. Based on the data most implementations are done in the ERP system of the retailer (in the Back Office/Accounting). On the other side countries like Serbia have fiscal laws which force the usage of the fiscal printer. The fiscal printer stores the VAT-related data and sends it to the fiscal authority via an included special network device. This kind of fiscalization is mostly implemented in the cash register application.

In some other countries (e.g. Austria), the transaction data must be signed by a special signature device and the data has to be saved in a special journal database. Typically, these kind of fiscal laws are implemented in the POS application and in the back office.

History

Fiscalization, along with VAT, was introduced to fight against the grey economy. The first country to introduce fiscal law in regards to the use of specific fiscal devices was Italy, and second one was Greece. Italy introduced this fiscal law in 1983. Introducing fiscal law—particularly about cash registers—came from the need to avoid retailer's frauds. According to fiscal law, an appropriate fiscal receipt has to be printed and given to the customer.[1][2]

Challenges of modern retailing in the fiscal context

Different aspects of fiscalization[3] are creating big challenges

The implementation of national fiscal laws is a complex regulatory process. Within the modern retailing sector, these requirements present specific operational challenges due to the high volume of transactions and diverse tax classifications.

As of today, modern retailing means that:

  • Retail concepts are mixed. One retailer has several different store formats. Every format has some or even many different retail processes and every retail process can be influenced by the fiscal law
  • Many different payment methods are used (e.g. paper money, credit cards, vouchers), each of which are usually treated differently by the fiscal law.
  • Multichannel retailing is all around. Transactions can be created anytime, anywhere and mostly with different systems (e.g. POS systems, retailer websites, mobile apps).
  • Marketing campaigns are very complex. To attract the customer, retailers are getting very creative. They are creating complex promotions with complex discounts. They are, in many cases, strongly influenced by the fiscal law.
  • Retailers are becoming more international. At the same time, they are unifying their processes and technology. Yet the fiscal law by country is forcing the usage of certain technologies.

Technical approaches of fiscalization

The technical implementation of the fiscal law always follows one or more of the following technical aspects:

  • hardware-based fiscal implementation
  • software-based fiscal implementation
  • special fiscal requirements with different implementations

In addition, the technical implementation itself is also forced by the fiscal law.

Hardware-based fiscal implementation

Some fiscal laws define the use of special hardware devices.

These are usually:

  • fiscal printers – receipt printers with special fiscal memory where fiscal data is stored
  • fiscal communication modules – devices that are used to send fiscal data to the fiscal authority
  • fiscal memory boards – circuit boards that can be included in or connected to the POS, ECR, or printer
  • signature devices – devices that produce digital signatures which are used to secure the fiscal transaction

Most of the fiscal countries in the world today are following the path of hardware-based implementation.

Software-based fiscal implementation

This can be a more modern way of implementing the law.

The background is that the law defines how something has to be done but not which device should be used. This model is more liberal, and it can be expected that in the near future more countries will follow this approach.

Today, there are several different scenarios:

  • send each transaction to the fiscal authority in real-time, to get a digital signature from the authority and to include it in the transaction.
  • store every transaction in the database where every entry has a sequence number and a digital signature
  • save data in a special format in special fiscal journal (database)
  • digitally sign every transaction by a special algorithm

Special fiscal requirements

In some cases, in addition to these technical implementations, there are some additional technical approaches. They are mostly related to:

  • data security and protection
  • archiving
  • reporting
  • special business processes (mostly in specialized retailing e.g. petrol stations)

Fiscalization Compliance Management

Implementing fiscalization typically requires not only technical changes to invoicing and point-of-sale systems, but also ongoing operational management. Guidance for tax administrations notes that fiscalization is not a one-time “set and forget” process and requires continual planning, communication, monitoring, and evaluation. In practice, organizations often need change-management processes to track regulatory updates, maintain compliant configurations, and support audits and reporting over time.[4][5]

Some publications propose maturity models for managing fiscalization compliance, including a four-level model described as reactive, fragmented, connected, and strategic.[6][7]

Sources of information

Fiscalization law by country

References

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