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/ Ask the Attorney / Online cash machines – from another angle

Online cash machines – from another angle

2015. 07. 27. 14:14 No Comments Wilhelm Bora

As a next step after putting restrictions on cash use, the law maker now intends to extend the area of tax liability compliance via launching the mandatory system of online cash machines. However, locals are rather creative, especially in the area of their attempts for tax evasion. Although the legislation was planned to be very severe, including the provisions about mandatory stock taking when opening and closing the cash machine, some creative ideas already surfaced to trick the online system.

Part of the problems is that there are no rules yet applicable to synchronise the cash machine and the related cash box.

Thus, some experts think (including us) that the ongoing monitoring of online cash machines by the Government is not a real success, despite all efforts made so far. There is still room for items not being entered into the cash machines, receipts not being issued, and cash boxes being open. And the cash box can handle any size of business volume without any registration requirement (and thus Tax Authority control).

When selling from an open cash box, the result is a further possibility for generating goods from unverified sources, due to the presence of unverified source cash, given that when sales is performed, the retail stock level goes down.

The Tax Authority could only possibly properly monitor any abuse to the online system via lengthy and complicated estimations made, without performing a field review or test purchase. So taxpayers remain one step ahead of the legislator, yet again.

As usual, it will take many years to create precedents via a range of tax audits and court judgments, which will force the law maker to amend the legislation. However, it is quite strange to see that the law maker has allowed this possibility to exist in the otherwise severe legislation.

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