POS terminals and receipts: no fines and no risk of closure for minor errors
The Omnibus Decree, which has now been definitively approved, introduces a 5 per cent tolerance threshold in cases where there is a discrepancy between recorded payment data and accepted electronic payments
Key points
A two-pronged safeguard against penalties for minor discrepancies between receipt data and POS data, following the mandatory data-matching requirement that came into force on 1 January (and has been fully operational since the start of March). It is two-pronged because it addresses both the administrative penalty and the additional penalty of potential closure following repeated breaches. A tolerance threshold was established by the Omnibus Decree, which was finally approved by the Council of Ministers on Tuesday 4 August. The impetus came from the parliamentary committees in both the Chamber of Deputies and the Senate, which had called for action. The Government responded by setting a tolerance threshold of 5 per cent, within which no penalties will be imposed.
Possible instances of deviation
A measure designed to support shopkeepers and business owners in cases where discrepancies might arise in day-to-day practice due to a wide variety of circumstances. One need only think of particularly busy periods at lunch or breakfast time. Or situations involving split payments, such as a group lunch where, despite there being a single receipt, diners pay in different ways (some in cash and others by card or via an app).
The tolerance threshold
The decree removes the penalties applicable in the event of minor discrepancies between the figures. For this reason, a tolerance margin of 5 per cent is introduced in the event of a discrepancy between the recorded and stored data on payments (the technical term for the data entered on receipts) and the number of electronic payments accepted.
The administrative penalty
After all, the issue was immediately seen as a serious concern and brought to the attention of the Government and Parliament by the trade associations. Errors can in fact prove costly, particularly if the breaches are repeated. The applicable penalty is, in fact, 100 for each submission, subject to a maximum limit of 1,000 euros per quarter.
The additional penalty
However, the 5 per cent threshold also acts as a safeguard against the risk of an additional penalty, which could lead to the suspension of business operations. Here, we need to take a step back. The current rules stipulate that, should there have been, within a five-year period, four separate breaches of the obligation to issue a tax receipt or a sales receipt, committed on different days, have been contested, the licence or authorisation to carry out the business, or the business itself, shall be suspended for a period of between three days and one month. Furthermore, if the total amount of the payments in question exceeds 50,000, the suspension is imposed for a period ranging from one month to six months. Now, the safeguard provided by the Omnibus Law regarding the reconciliation of POS and receipt data can mitigate risks in this regard as well, provided that any discrepancies are limited to 5 per cent.
