• Accounting - Management - Finance
  • Calendar01 JAV 18
  • Time...
  • 1 SUR 6
court hammer
infoTheoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
  • 7500 € Finecourt hammer
    info€7,500 fine per non-compliant cash register system or for failure to prove certification
  • 1 Damage to reputationcourt hammer
    infoRisk of inconsistency with company values - Ethics

    Use of secure and certified cash register system or software


    Scope of application

    Any merchant equiped with a cash register software or system or an invoice/billing software carrying out transactions with individuals.

    More specifically, the following are concerned :
    • taxable persons subject to VAT, natural or legal persons, under private or public law, who make supplies of goods and services that do not give rise to invoicing (i.e. for retail customers), regardless of the sector of activity, as long as they use a cash register software or system;
    • taxable persons who carry out transactions with both VAT-registered customers (business customers) and non-taxable persons (private customers);
    • any private individual liable for VAT who sells goods or services, in particular on a platform that puts people in contact with each other at a distance, by electronic means, with a view to the sale of a good, the supply of a service or the exchange or sharing of a good or service;
    • companies commissioned to manage customer payments using cash register software or systems on behalf of another taxable person.

    Exclusion

    Exceptions to certification apply in the following cases:<!-- --StartFragment----> <ul> <li> professionally engaged only in commercial transactions with other professionals (B2B);</li> <li> Professionals exclusively engaged in VAT exempt operations;</li> <li>professionals benefiting from the VAT-based franchise;</li><li>professionals benefiting from the flat-rate reimbursement scheme for agricultural VAT;</li><li>companies whose entire payments are made through the direct intermediation of a credit institution. </li></ul><!-- --EndFragment---->

    Description

    Merchants equiped with a cash register software or system or invoice/billing software must obtain a compliance certification (norm NF525), issued by an accredited body or the individual certification of the publisher for the cash register or invoice software used. Please note that it is the professional's responsibility to request the compliance certificate from their supplier, as it is not provided automatically with the software.  

    The purpose of this certification is to demonstrate that the equipment used meets the following conditions:
    • condition of inalterability: the software used must allow for the recording of all data relating to the regulations without them being altered;
    • security condition : the software must be able to secure the original data, any changes and supporting documents;
    • conservation condition: the software must record and close data over a given period
    • archiving condition: the software must provide for an archiving period where the data are frozen and dated with a technical device to ensure the integrity of the information.
    In some cases, the equipment used by merchants is already in accordance with the regulations. For the latter, a simple update and a certificate of compliance from the supplier will be sufficient to comply with the law.

    Note:
    • for multi-function software (accounting/management/cash), only cash recording/collection/invoicing functions, and not the entire software, will need to be certified.
    • specific features apply to invoicing software: the cash register number is not required; daily, monthly and annual closures are not required, provided that, in the event of an audit, the software can provide, at the request of the administration, the total payments recorded for a given period.

    Authority

    Direction générale des finances publiques (DGFiP)

    Responsible(s)

    Merchant equipped with software or cash system

    Are you an expert?


    I choose an action leading to compliance :