All legal systems deal with the same basic issues, but jurisdictions categorize and identify their legal topics in different ways. This means that legal systems differ between countries. Not every country has fiscal laws, and not all countries are fiscal.
Tax law involves regulations that concern value-added tax, corporate tax, and income tax. For example, tax laws in some countries may contain fiscal requirements. It depends on the specific country laws, the organization of the countries, and the distribution of responsibilities.
Fiscalization is mandatory in fiscal countries and every company that works with fiscal devices (retailers, suppliers of POS software) is obliged to fiscalize due to the impact on business elements (sales transactions, sales of diplomats, invoice, discounts, payment correction ...).
Fiscal laws change sometimes, so oversight is needed, which is hard because sources vary from country to country. Different institutions are in charge of fiscalization and how the procedure will look like. Problems with obtaining information often are:
- Different languages and speech areas that can create misunderstandings,
- A culture that is nurtured and differs from country to country,
- Not knowing where to look and who is a responsible person, because authorities in each country have differently distributed responsibilities.
Some of the sources that may help are Tax administration offices of the specific countries, different Ministries responsible for fiscalization aspects in-country, consulting fiscal companies, local layers, or some other relevant sources of information (such as fiscal portal [4] ).
Fiscalization law by country
Every country has its own laws, so it is the same as fiscal laws. The main challenge is to find a source of information and official documents.
| Country | Type | Description |
|---|
| Albania | Software | The new fiscal law is in force since 2019. The usage of a certified software solution that supports real-time communication with the tax authorities is mandatory. Receipts must be issued to the customers and they must include the mandatory elements, as prescribed by the law. [5] |
| Austria | Hardware/Software | At the beginning of 2016, Austria which introduced a new fiscal law introduced the use of a Fiscal Journal (FJ). A Fiscal Journal should be saved at each POS system, in a central database, or in the cloud. The Fiscal Journal, according to Austrian fiscal law has to be written in real-time (at the same time when receipt is created). In 2017 an obligation to use a security device to digitally sign every transaction was added. [6] |
| Bosnia and Herzegovina | Hardware | According to the fiscal law of the country, each retail store is obliged to record every single transaction over fiscal devices. Communication with the tax Authority occurs via GPRS. [7] |
| Bulgaria | Hardware | In 2018, new fiscal law has been presented, introducing new regulation related to the fiscal devices. Some of the important new requirements are: USN number generated by POS software at the beginning of the transaction, use of QR code on the receipt layout, special voucher handling, special rules for e-shops, etc. There are also some important issues related to the certification process itself. [8] [9] [10] |
| Croatia | Software | fiscalization which includes the stipulation that fiscally relevant transactions have to be sent to the fiscal authority through the internet for authorization. [11] |
| Czech Republic | Non-fiscal | The fiscalization in Czech Republic used to be software-based and included those fiscal relevant transactions had to be sent to the fiscal authority through the Internet to be authorized. This system entered into force in December 2016, was later suspended in 2020 due to pandemic, and was finally cancelled in 2023. [12] |
| France | Software | POS software used by retailers is subject to certification. There are some legally defined requirements when it comes to important functionalities of the cash register system. There are four basic conditions as the main goals of the set requirements which are: inalterability, security, storage, archiving. The certification is done by accredited certification bodies and there si also an option of self-certification. [13] |
| Germany | Hardware/Software | The introduction of the fiscalization system started in 2016, while the system took its current shape at the beginning of 2020. [14] |
| Hungary | Hardware | Fiscal regulation is conceptualized on fiscal device usage. However, the whole fiscal solution including the fiscal printer and the POS application must be certified by the authorities. Strict handling of integration of the POS software with the printer (error handling, mandatory functionalities) is also included in the requirements defined by the law. [15] [16] |
| Italy | Hardware | Fiscal Law in Italy is introduced to prevent any fraud by data changing and for automatic delivery of fiscal data. The usage of RT printer or RT server is mandatory and RT printer and RT server communicates with Tax authority. [17] |
| Montenegro | Software | The new fiscal law is in force since 2019. The usage of an electronic cash register (ENU) that enables real-time communication with the tax authorities, through the fiscal server, is mandatory. This fiscalization system requires several registration processes to be conducted. [18] |
| Poland | Hardware | From 2019, Poland is introducing a new type of fiscalization which implies that fiscal relevant transactions have to be sent to the fiscal authority through Internet for authorization. Accordingly, major novelty is the introduction of the on-line cash registers. [19] |
| Portugal | Software | The fiscalization system in Portugal is software-based systems, there are no predefined types of hardware components. Some kind of a printer should always be available for operation. The POS application used by the taxpayer must be certified by the General Directorate for Taxation of Portugal and the communication with the authorities is a must in Portugal. [20] |
| Romania | Hardware | The last change of the Fiscal law regulation dates from November 2017. According to the fiscal legislative, communication and data exchange with ANAF, done by fiscal printer, is even more specifically defined. At the moment, in practise, there is still no automatic communication with ANAF. [21] [22] |
| Serbia | Software | The new fiscal law is in force since 2022. The usage of a certified software solution that supports real-time communication with the tax authorities is mandatory. The use of four main fiscalization elements (ESIR, PFR, BE, SUF) is required. [23] |
| Slovakia | Hardware | New fiscal law in Slovak Republic, as a concept of an online subtype of fiscalization, Has been introduced in 2019. The new type of fiscalization system introduced the obligation for every cash register to be connected to the tax authority. [24] |
| Slovenia | Software | According to fiscal law, it is required to communicate all transactions paid with cash or cash-like payment media with the Tax Authority via the internet. Slovenia adopted this type of fiscal law at the beginning of 2016, and it is very similar to Croatian law. [25] |
In 2019, Albania introduced a new fiscalization system by enacting Law No. 87/2019 on the Invoice and Circulation Monitoring System, also known as the Law on Fiscalization. This fiscalization system is software-based and requires certification of the software solution used by the subjects of fiscalization, as opposed to the hardware-based type of fiscalization that has been in place in the country since 2004. Certified software solutions in Albania need to enable the real-time transfer of transaction data to the central tax administration for authorization. In addition, they also need to be able to generate receipts, invoices and accompanying invoices which elements meet the legal requirements. Various software functionalities must be included in the POS application in order for it to pass the certification process. These functionalities and the certification procedure itself vary based on the type of software solution being certified (i.e., is it transferable, non-transferable, or a vending machine).
Austrian parliament approved a new fiscalization model which came into force January 1, 2016. This was the first part of fiscalization, which includes the creation of a Fiscal Journal (FJ) which has to be saved at each POS, central database or in the cloud. The second part of the new fiscal law is the digital signature of every cash receipt, which was implemented on April 1, 2017. Austrian fiscal regulation is based on two concepts. The first concept relates to the usage of a digital signature device for every issued receipt and the second relates to a "closed system" in which an independent audit of company processes and organization is needed. "Closed system" refers to the company that has more than 30 cash registers. But there is one difference between these two concepts - usage of a digital signature device and registration of each POS at a fiscal authority is not mandatory in a "closed system". Advantages of a "closed system" are therefore: signature device, digital certificate and POS registration at the Authority, are not needed. Furthermore, fiscal law in Austria requires that every POS has a unique identification number, and every POS has to keep transaction total counters (created by Adding up every cash turnover to the previous one and encoding that data with AES 256 algorithm). Based on tax relevant information from transaction, the POS has to create a barcode, QR Code or OCR code on the receipt. At the end of each year, the special fiscal receipt has to be printed, saved and sent to the authority and every retailer has to keep it for seven years.
Fiscal law which was implemented at the end of 2010 in Bosnia and Herzegovina implies recording every single transaction of fiscal devices. Communication with the tax administration is done via GPRS. Currently the main elements of the fiscal system include fiscal printer or fiscal cash register (ECR), the terminal for communication with server of Tax Authority and a fiscal driver.
The changes to the fiscal law in Bulgaria, based on fiscal device from 2006, have been done in September 2018. They brought with them new regulations to the fiscal devices that previously did not exist:
- The data exchange with the TA (NRA) and certain problematic situations that may occur and in which the FD has to automatically perform certain actions
- USN that has to be supported not only by the POS SW but also the FD
- QR codes that have to be printed on all fiscal receipts so the fiscal device must support printing of QR codes
All devices have to comply to the new regulation and therefore go through a new Homologation process. Bulgarian Metrology Institute is the place where the producers and distributors submit their devices in order to get approval for devices that will be present on the Bulgarian market. Initially the deadline for introducing new FD was planned for the 01.04.2019.but it was extended. The new deadline for the introduction of complying FD (that works with POS SW) was the end of September 2019.
The fiscalization system requires that all transactions paid with cash or cash-like payment media have to be sent to the Tax Authority via the internet for authorization. There is two-way real-time communication between the taxpayer and the tax authority.
The fiscal law in the Republic of Croatia, as a concept of controlling businesses and their turnover, became a reality on January 1, 2013. Although Italy was the first country to introduce a law for the use of specific fiscal devices fiscal devices (which happened in 1983), Croatia is one of the first countries in the world with a type of fiscalization that requires fiscal-relevant transactions to be sent to the Fiscal Authority, that is, Tax Authority, via the Internet for authorization. Implementation of the new type of fiscalization in Croatia was done in a very short period of time. The technical specification was prepared in October 2012, and the new law was implemented only three months later. Software manufacturers were not very optimistic about this new fiscalization concept, especially because of the short period of time for implementation. Regardless, the new fiscal law was officially implemented on January 1, 2013.
According to the law:
- Each receipt has to be printed;
- Each receipt has to be sent to the Tax Authority;
- Communication is done via an Internet connection;
- The tax authority server returns data such as amounts, income taxes, unique cashier number (OIB), and payment information.
The fiscalization system in Czech Republic used to require that all transactions paid with cash or cash-like payment media be sent to the Tax Authority via the internet for authorization. This system was introduced in December 2016 but was alter suspended in 2020 due to pandemic. During this suspension period, Czech government concluded that this system in no longer serving its purpose, and thus decided to cancel it in 2023. Therefore, from January 1, 2023, taxpayers are no longer obliged to sent sales data to tax Authority for authorization. Moreover, the EET Portal is completely abolished.
Fiscal law in France is introduced to prevent any kind of fraud, for example changing the data and software modification. The fiscalization requirements are centered around the certification process, signing and sequencing of transaction data, keeping transaction totals, fiscal reports and specific storing and backup of transaction data. There are 2 certification models:
- Certification by two agencies authorized for certification by the tax authority: Infocert [26] and LNE [27]
- self-certification
While self-certification is cheaper and does not rely on external factor, certification by accredited agencies provides a higher level of confidence in fulfillment of legal requirements with detailed instructions and support for retailers and POS providers.
Furthermore, all transactions, such as receipts, invoices, orders, daily, monthly and annual reports, as well as, technical event log (JET) must be signed with electronic signature. That means that it is really hard to make some changes of transactions. To change one transaction, you would have to change previous one, and one before that and so on. All transactions are sequenced and chained per transaction type which creates 6 distinct transaction chains. As a result, specific system functions and operations – operations such as log in, log out, reset, error that must be recorded in technical event log – JET, if implemented.
Transactions are saved, signed, chained and logged in the technical event log in real time. Also, there are periodical reports – daily, monthly and yearly with grand totals. For example, the grand perpetual total is never reset and it starts incrementing transaction values from the moment the POS is used for the first time. It saves transaction values in two increments absolute and total value.
The transaction data saved in the system has to be archived on external memory at least once a year. [28]
The initial step towards ensuring the stability of the cash register data was the law on the protection against manipulation of digital basic records (so-called "Kassengesetz"), which was introduced at the end of 2016. Subsequently, several changes in the law, which additionally regulate the complete fiscal environment, followed:
- regulation from 01.01.2017. - all transaction data have to be saved complete, chronologically, unchanged (original values) and in that way that manipulation of data is not possible,
- new audit rules from 01.01.2018.
- rule to use security system TSE, that is the most important rule - Usage of TSE is mandatory for every retailer from 31.12.2022.
All fiscalization regulation adopted since 2016 played a role in shaping the current fiscalization system, and retailers have to abide by them.
On January 1st 2020 a rule that every POS system has to be integrated with the TSE was introduced, with gradual integration period. Every POS and accompanying TSE have to be registered with the tax authority. The security system (TSE) consist of:
- Security module
- Secured memory
- Interface (API)
Major functionality of TSE is signing of transactions in order to prevent any subsequent manipulation of the data base, meaning each receipt must be provided with an electronic signature (the signature can be printed on the receipt or incorporated into the QR code).
The general principle of the fiscalization system in Hungary includes the whole solution which is used in the store for creating and issuing of receipts. The authorities have set up the requirements standard which absolutely minimizes the possibilities for different types of tax fraud which can happen in the cash register environment. Practically, the system implies the following:
- Certification of the entire fiscal solution which includes the POS software and the fiscal printer with the customer display as a whole,
- Tests and the certification procedure demand interaction with fiscal entities in the country,
- All-inclusive documentation must be provided to the authorities for certification purposes between which the documentation describing all functions, methods of usage and layouts of fiscal and non-fiscal documents must be provided on Hungarian language,
- Strict handling of integration of the POS software with the printer in regards to e.g. error handling and mandatory functionalities,
- Transaction data are communicated with authorities in real time, automatically, by a communication module which is attached to the printer, via GSM network.
During the recording of sales itself, there are several procedures which must be conducted, such as the following:
- before beginning of each document, existence of pairing between the POS application and the fiscal printer must be checked,
- it must be possible to read the status of the communication module called AEE by the POS application before start of each transaction and at every item scanning,
- the printer must record every POS turn ON and OFF event,
- as a built-in function in the POS application there must be a function for querying and presenting the used version of the POS application on the operator display, at all times.
Important to notice is the obligation to support 4 modes regarding currencies which are related to the transition process of switching gradually from mandatory and optional accepting of the domestic currency called Forint to the Euro. Furthermore, one more example of a strict requirement is the fact that deposit handling for bottles has to be implemented in a predefined way, no matter the nature of the retailer.
The fisalization system in Italy is a hardware-based-fiscal device that is used. We can use 2 fiscal devices: an RT printer and an RT server. One of the major fiscalization requirements of the Italian fiscalization is sending fiscal data to the Tax Authority from daily sales, and it is done at the end of the day. The benefits of RT fiscal printer in Italy are reducing controls by tax authorities, reducing the time frame for keeping mandatory documentation, and simplifying delivery of data to the Tax Authority. When using the "Registratore Telematico"-fiscal printer, fiscal data is automatically submitted to the Tax Authority every day via the Telematico device integrated into the RT fiscal printer. That data can not be manipulated (due to fiscal memory) and the data about daily sales is sent once a day with complete information. The RT server represents a data collector, used in the case of at least one connected POS per store, and performs fiscalization requirements.
A software-based fiscalization system has been introduced in Montenegro in 2019, with the Law on Fiscalization in the Turnover of Goods and Services. After a generous grace period, the project of a real-time electronic fiscalization system went into full effect on June 1, 2021, requiring all subjects of fiscalization to issue receipts through an electronic cash register (ENU) that:
- Has installed software that supports creating and exchanging messages that include fiscal data from the issued receipts with the tax authorities, which is done through the fiscal server.
- Enables real-time communication with the tax authorities
The Montenegrin fiscalization system requires mandatory registration of various subjects and fiscalization-related components.
Fiscalization was firstly introduced in Poland in 1993. As a hardware type of fiscalization, it was based on usage of two types of fiscal devices (fiscal printer and electronic cash registers). Both electronic and paper journals were allowed.
The latest fiscalization changes have happened during the first half of 2018. One of the major novelties is the introduction of the on-line cash registers - devices that send data on registered sales to the information system maintained by the National Tax Administration. As in other online fiscalization systems, the characteristic of communication with the authorities is required for analytical and control purposes needed to the state. However, with the law changes, currently available fiscal printers, as the main fiscal devices, still won't go to history. The plan is to gradually withdraw them from the market and from practice in general. The introduction of the online cash registers itself does not automatically impose an obligation of replacement of the old devices to the new ones. At least, not for now, and not for all taxpayers in the same moment. The set timeframes for particular industries are the following (there have been postponements of the deadlines because of the COVID-19 crisis):
- January 1st 2020-fuel sales, vehicle repair, vulcanization services
- January 1st, 2021-catering industry, short-term accommodation services, coal sales, food-related services
- July 1st, 2021-for the construction industry, hairdressing services; medical care services provided by doctors and dentists; and legal services.
Besides the online registration of sales, there are also a couple of adjustments referring to the layout of the receipts. For example, the header is going to have a defined and structured layout; the QR code must be printable for every fiscal receipt; the list of payment media possible to be recorded by the printer has been expanded, etc. Also, virtual cash registers (in the form of software) have been introduced in Poland.
Portugal has the software-based fiscalization system, which means that it is mainly focused on the characteristics of the POS application and demands regarding functions of the POS program such as security mechanisms, inalterability standards for the created fiscal data and so on. There are no predefined types of hardware components which would be obligatory for usage and e-receipts are possible, but there must be a possibility to print fiscal receipts. This system includes some formal check-ups of the software. The POS application used by the taxpayer must be certified by the General Directorate for Taxation of Portugal. The certification procedure can include conformity tests, but it is recognized in practice that it is usually not a complex and long procedure. There are 3 ways in which it is possible to provide fiscal data to the authorities, as the communication with the authorities is a must in Portugal.
Obligatory elements of a receipt:
- A code which must be always included in the content of particular transactions (combined of 3 parts, where the first one is an extract of the digital signature of the concrete transaction in question)
Romania is fiscal country since 1999. Type of fiscalization is hardware based, and main novelties related to the latest law changes from 2017 are:
- Communication and data exchange with ANAF
- Electronic journal (no paper journal from then on)
- Data backup
- New data on receipt layout
- More item information
- Fiscalized invoice with customer data and customer tax ID (CIF) called simplified invoice
- Additional VAT rates
- Additional payment types
This means introduction of new specification for the communication and data exchange between ANAF (National Agency for Fiscal Administration) and fiscal printer. The new fiscal device include 2 additional VAT rates (G and H) but currently they are not used in practice. Whole solution in Romania must go through very complex certification process before usage in stores. The fiscal certification in Romania includes two steps:
- Obtaining the Technical certification in ICI
- Obtaining the Approval for distribution from Ministry of Finance.
Switching from a 2004 hardware-based fiscalization system that required no certification of the software application, Serbia introduced a new software-based fiscalization system by enforcing the new Law on Fiscalization in January 2022. The new fiscalization system requires all transactions to be delivered to the tax authorities in real-time, via a certified software solution. It also introduces four main elements of the fiscalization system that are integral to capturing transaction data, fiscalizing and signing the receipts, verifying the fiscal data, and issuing the receipts to the customers.
The certification process is quite complex, requiring a significant number of:
- Documents to be gathered
- Software functionalities to be fulfilled (through a self-assessment questionnaire)
- Mandatory elements to be included on a receipt
New fiscal law in Slovak Republic was introduced in 2019. One of the main obligations envisaged by the Law was that every cash register has to be connected to the Tax Authority via internet connection. In other words, all cash registers must have access to the Internet, enabling all transactions immediately to be transmitted to the financial administration and every issued receipt to be recorded in the central database. Furthermore, transactions have to be saved in the protected data storage or PDS – a repository that provides one-time and permanent data entry. The PDS saves, in addition to Cash receipts, Void receipts, Deposits and Withdrawals, other documents that have been printed or sent via the cash register (e.g. orders, delivery notes, prepaid accounts etc.). The transition period form the old to the new system lasted from April 1st to July 1st 2019.
To fascilitate the changes brought up by the new system, Slovakian tax authority introduced an online portal called eKasa, which serves as both the central database for all transactions and as a hub for retailers to fulfill their fiscalization requirements. Every cash register system needs to be registered on the eKasa system before first use.
At the beginning of 2016, in Slovenia, a fiscal law was introduced which includes the stipulation that every transaction has to be sent to the fiscal authorities for authorization via the Internet. The core of Slovenian Fiscal Law is the online authorization of every fiscally relevant transaction transaction created at a POS system. That means that business subjects that are obliged to operate according to the Fiscal Law are not required to have any pre-defined hardware equipment or to use some special fiscal devices due to the fact that fiscalization is based on online authorization. Just like in the case of the Croatian fiscal system, in Slovenia, there is two-way real-time communication between taxpayers and the tax authority.
