Double penalty for those who do not allow the use of POS and the daily transmission of transaction data with electronic money to cancel the practice always used in the “pre-account”. It is the double step of combating evasion, and not only, with which the financial department resumes the fight against extortion in the forefront of receipts and vouchers. With the publication of the Official Gazette on April 30 of the Decree-Law No. 36, which introduces new measures to relaunch the National Recovery and Resilience Plan, the government aims to activate the full commitment to accepting debit and credit card payments by people selling products and providing services, including professional. It does this by anticipating the application of penalties to merchants and professionals who refuse to use POS from January 1, 2023 to June 30, 2022.
Pnrr . has been implemented
But what do the POS sanctions have to do with the NRP and resilience? The answer to this question lies in the fact that cash reduction and promotion of alternative and digital payment instruments, for the first half of 2022, fall under Pnrr’s Milestone M1C1 -103 framework developed by the government to combat tax evasion. From the omission of invoices or non-issuance of fees as well as the so-called “evasion of consent”, it is difficult to disclose because it provides for an implicit agreement between the person selling the goods or service and the customer who buys or uses it. The mission of the NRP explicitly provides for the issuance of regulatory rules and procedures to encourage compliance with tax obligations, or so-called tax compliance, as well as to improve audits and controls. The same task, as stated in the explanatory report that the government attached to the new Decree-Law No. 36 Sent to the departments for conversion into law, stipulating “the entry into force of the reform of the legislation in order to ensure effective administrative penalties in the event of refusal of private suppliers to accept electronic payments.” To run Milestone by the first half of 2022, as agreed in the Brussels-approved plan, here’s an introduction until June 30, 2022, of administrative penalties for those who refuse to use POS and therefore electronic or digital payments.
Double the penalty for those who refuse to sell points
Thus, merchants, traders and professionals who will not accept payments with electronic money will risk a fixed fine of 30 euros plus another amount to a variable limit equal to 4% of the total transaction value. How it will be possible to make these penalties really effective, remains to be seen, since the reporting and confirmation of non-electronic payments by merchants and professionals in this field will in any case remain difficult for 007 tax authorities.
Stop “pre-accounting” with the daily transmission of POS data
It is not very rare to receive the so-called “advance account” from the operator or the owner of the restaurant on duty, that is, the balance without any monetary value for the goods or services we have ordered. The “advance account” which if paid by the customer in cash ends up being completely unknown to the tax authorities. To put an end to the so-called practice of “pre-calculation”, therefore, the new decree, with a slight regulatory change, imposes from May 1, 2022 an obligation to transmit all data on electronic or digital payments on a daily basis. And without any differentiation between end consumers and economic operators (from one company to another). All data on payments made will be transmitted by card-issuing intermediaries and ATMs.
Safe use of data
The IRS, this should be clarified immediately, does not want to know in any way the details of the transaction made by the customer, and therefore has the data of those who buy, in full compliance with the rules of privacy. With this commitment, the financial department wants to have the data of those who sell goods or services that are not paid for in cash. Information received from electronic card managers, ATMs or digital payment methods will be used to perform targeted risk analyzes thanks to intersection with that from merchants and professionals obligated to send electronic payments. Practically, in this way the IRS aims to highlight the anomalies resulting from the failure to send receipts with regard to the amounts collected with electronic money which can be used to compare the more difficult evasion with the evasion, as mentioned, the consent between the two parts of the operations. And not only. Other anomalies may also end in the eyes of the tax authorities and the Guardia di Finanza, which can lead to real money laundering, with large sums being held by merchants and professionals in the face of few stamped receipts or few receipts issued.