Profits with technology?
Not in an illegal way...
The news broke in mid December 2008 - a provincial newspaper
reported on its front page that an established point-of-sale
software developer had been implicated by
Canada Revenue Agency (CRA) in enabling tax evasion
allegedly by
manufacturing and making available to its customers so called
“sales suppression software” also known as “a zapper” (“Cooking
the Books”, Vancouver Sun, December 11, 2008) . The
Richmond, BC-based Infospec Systems has been developing and
selling POS software under the market name Profitek since 1985.
The news sent shock down the spines of thousands of
Profitek’s customers and resellers world-wide. According to the
news release, four local restaurant owners were charged with 25
counts under the Federal Income Tax Act with hiding for the tax
purposes over $3.8 million–worth of sales. The search warrants
were executed in the head offices of Infospec Systems with
seizing the client list, software code, sales notebooks,
computer files and other documents.
It is obvious what is coming next: whether or not the CRA’s
allegations regarding Infospec's involvement in manufacturing
the “zappers” turn out to be true, the
Agency will
perform swiping and, perhaps, potentially devastating audits on
as many Profitek’s customers as they can. With reported 5,000
inspectors involved into the investigation there may be quite a
few retail businesses receiving the dreaded letter or phone call
around this Christmas.
What Are The Zappers
Wikipedia defines a “zapper” as: “An automated sales
suppression device or a software that falsifies the
electronic records of point of sale (POS) systems for the
purpose of tax evasion.”
The scam is not new. Some crafty technicians were able to
alter sales data even in the old electronic cash registers,
which were more difficult to tamper with. It was elaborate
process prone to all kinds of flaws and easily detectable by a
trained tax auditor. Nevertheless it had been popular with some
unsavoury retailers.
With data now conveniently located in a database on the
computer’s hard disk, it is much simpler to write an intelligent
computer program called a “zapper”. Such a program would
automatically detect the most-convenient-to-erase sales records
(normally, cash-only transactions) and balance the end-of-day
report to hide the missing data.
Of course, not every POS program is vulnerable to tampering.
Many have built-in tamper-proof features, e.g.
Dynamics RMS keeps a binary image of each receipt it
produces including the daily Z-Reports, which makes it much more
difficult to alter data. However, no
protection is good enough if the very developer of the software
opens a way to “zapping” the sales transactions through a
back door.
World-Wide Problem
The problem is old and world-wide. According to an article in
New Work Times (Aug 29, 2008), the zapper programs have been
found not only in North America, but in Germany, Sweden, Brazil,
Australia, France and the Netherlands.
In the Canadian Province of Quebec alone since 1977 the
revenue agency had carried 713 searches and busted many zapper
programs, including some in the 39-restaurnat chain Nickels,
created by the singer Celine Dion. The Dutch equivalent of the
I.R.S. followed a customer zapper maker’s list to 1,200 stores.
In 1993 the owner of Stew Leonard’s Dairy in the United
States was convicted of skimming over $17 million over 10 years.
In the Detroit case in 2006 the I.R.S. alleged that the owner of
12 Lebanese restaurants had used a zapper to hide over $20
million in cash. The money hasn’t been recovered as it was sent
to Lebanon in cashier’s checks in support of a terrorist
organization Hezbollah. The businessman was indicted but never
apprehended as he became fugitive in Lebanon.
Lessons Learned
Some countries voiced for a legislation requiring software
vendors get their system certified with the tax authorities. For
example, the Germany’s Minister of Finance
demanded that a “control chip” must be installed at each
cash store. Though such legislation may certainly be useful, it
may also add overhead and increase the cost of retail
operations, causing higher consumer prices – a bad idea during
the economic slowdown. But there are few things an observant
retailer should keep in mind:
- If you have been using zappers in your retail
operations, it’s not too late to come forward. In the recent
article in
National Post the author reminds the readers that tax
evasion is a serious criminal offence. In Canada, CRA offers
the
Voluntary Disclosure Program which promises no penalties
or prosecution to those who chose to come forward. Similar
programs have been offered by I.R.S. in the USA
- Purchase the POS software from a reputable vendor.
Choosing wrong may not only lead to absence of the support
and upgrades in the future, but also open doors to the
unwanted audits and unnecessary harassment from the tax
authorities, even if your organization is not involved in
tax scheming.
- Don’t buy on price alone – cheap software and hardware
have no place in the business environment. Remember that it
is a investment – not a holiday gift, therefore the business
systems should not be purchased at Best Buy. Carefully check
out the software and hardware capabilities, warranties,
available support options, customers references etc. before
making the decision.
- Consider contacting your local or national elected
legislation representative in order to introduce a law
requiring certification of the POS systems similar to PCI
standards in credit card processing.