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© CGI Group Inc. CONFIDENTIAL
Zappers: What’s New in Electronic Sales
Suppression
FTA Technology Conference
August 2014
Executive Summary
2
Background:
• Tax cheats have been skimming cash from the receipts of businesses in
various fashions for years
Problem:
• Technology has allowed this skimming to become fast, easy, and
extremely hard to detect which is costing states hundreds of millions of
dollars annually
Historical Solution:
• Government tax agencies adding additional audit resources to combat
the problem
Technology Solution Available:
• Use of technology to place an electronic lockbox at the business location that
has proven to dramatically reduce non-compliance and increase revenues"
Agenda
3
• Historical View of Skimming
• Quick Review of Zappers
• Zappers in the US?
• Recent News and Legislation
• Detecting Sales Suppression Devices
• Revenu Québec’s Solution and Results
• Implementation Approach
• Questions
Historical Skimming Techniques
4
• Open drawer – not entering all the transactions into the
cash register or point of sale system
• Two sets of books: One for personal records and another
in case of audit
• Accurate books but filing false returns
• Reprinting the same invoice
• Training mode
• Cancel the transaction after cash is received
• Discount or coupon
What is a Zapper?
5
• Computer function that facilitates tax evasion
• Typically creates two sets of books
• Owner avoids sales/income tax on the deleted receipts,
while keeping the sales taxes collected from consumers
• Cash based businesses are the highest users of the
software (restaurants, bars, convenience stores, etc.)
• Receipts are renumbered
• Flash drives, removable CDs, or
accessed through the internet
Sales Suppression as a Service (SSaS)
6
• New service being offered to businesses
• Installer provides the service to its
customers
• Erase, purge, delete, crash or physically
destroy the hard drive on a regular basis
• ECR/POS installer maintains access to
system
• Manipulation service is provided remotely
• Installer maintains an accurate set of books
in a remote location, which is often located
in another state
• Becoming the new norm in the zapper
community
Are zappers being used in the US?
7
YES!! Traditional methods of skimming are
certainly being used but below are some examples
of zappers that have been detected in the US:
• New York
• NY Dept. of Taxation personnel posing as new restaurant
owners
• 90% of ECR/POS salespeople tried selling zapper software
with ECR/POS system
• California
• Undercover footage of zappers being used
• Connecticut – $17 million by a grocery store
• IRS Income Tax Audit
• Michigan – $20 million by a restaurant chain
• Sister-in-law informed CIA
• Ohio – $3 million by a restaurant chain
• FBI, Joint Terrorism Task Force, Homeland Security
• Over 275 cases in Québec
Estimated Annual Revenue Loss
8
State
Number
of Restaurants
Estimated
Restaurant Loss
Estimated
Conv. Store Loss
California 62,469 $287.2M $83.8M
Georgia 16,081 $39.4M $18.4M
Illinois 25,193 $96.5M $28.7M
Indiana 11,309 $48.5M $22.0M
Louisiana 8,129 $34.8M $9.0M
Michigan 15,729 $57.9M $29.4M
Minnesota 9,767 $41.2M $17.9M
New York 42,610 $231.8M $72.3M
Pennsylvania 24,628 $90.6M $27.0M
Utah 4,320 $15.7M $8.3M
Total US (including other States) 503,500 $2,315.0M $1,133.7M
Finland 9,731 $143.2M N/A
Recent News in this Area
California
• Audit Unit that is dedicated to the issue
• Studying the restaurant industry
• Studying the ECR/POS systems in depth
• Found both internal (phantom-ware) and external (zappers)
devices
• Undercover footage of sales suppression taking place
Sales Suppression Symposium (April 2014)
• Representatives from 23 states and Canada attended
Quebec
• Expanding the SRM solution into the bar industry
• Revenu Quebec Moves to Record Drink Sales in Bars
9
Recent News in this Area
Oklahoma
• Releases audit results of convenience stores
• “Most owe at least $300,000 to $400,000”
• Mom and Pop C-Stores sue Oklahoma Tax Commission
Illinois
• Fraud investigation on gas station owners
• 27% of owners had skimmed over the past four years
with some being over $1M per year
• Sales Tax Zapped by Tax Zappers
Washington
• Passed legislation that included language that a
business would be required to use an electronic
monitoring device for five years if they wanted their
business permit reinstated
10
Recent News in this Area
Canada Revenue Agency
• Three year pilot/review
• 424 businesses (restaurants in all provinces and grocery
stores in Québec)
• 143 cases of fraud
• Average of $1 million for each case
• CRA Finds Rampant Restaurant Fraud
Vancouver, British Columbia
• June 2012: InfoSpec Systems Inc. convicted of
selling zapper software by the BC Supreme Court
after a CRA investigation
• July 2013: British Columbia Court of Appeals
acquitted the company due to the sale of zapper
software not being illegal
• January 2014: Law went into effect that made it
illegal
11
States with Current Legislation
12
Many states have laws that makes it illegal to possess a zapper:
• Arkansas
• California
• Connecticut
• Georgia
• Illinois
• Indiana
• Kentucky
• Louisiana
• Maine
• Michigan
• North Carolina
• Oklahoma
• Tennessee
• Utah
• Vermont
• Washington
• West Virginia
Three additional
states considered
legislation this past
year:
• Missouri
• New York
• Texas
Options to Detect Sales Suppression Devices
• Set up fake stores and invite POS/ECR sales people
(NY approach)
• Client list from salespeople that offer zapper software
• Targeted list but still need to perform audits on identified
clients
• Make a number of purchases prior to conducting an
audit
• Time consuming and number of audits is limited based
upon available resources
• Identify leads from other agency audits (Labor)
• Employees being paid cash or unusual ratio of cash to
credit
• Use a Sales Recording Module (Québec approach)
• Automated and allows for resources to be designated to
other audit functions
• Pilot approach or full implementation
• Reduces time and cost of audits allowing for stronger
audit coverage
13
Additional Option to Detect Sales Suppression Devices
1099-K
• Current use of 1099-K data in audit selection
• Manipulate the sales data based upon known issues (tips, sales tax, etc…)
• Apply cash/credit industry averages to data
• Compare amount to reported amount
• Targeted list of audit candidates
• While this may help identify noncompliance issues, it will not resolve
the skimming or zapper issues
• Sales amount includes non-taxable goods, tax, tip, and shipping costs
(cannot get exact)
• Depending upon how the business is registered,
it does not separate sales amounts by location
• In-state vs out-of-state sales
• Does not track cash
• The timing of receiving the information
• Still have to take the time to perform the audit
14
The Revenu Québec Solution
15
Québec determined that the solution needed to:
• Solve the problem of zappers and traditional skimming
• Be independent of Point-of-Sale (POS) system developers
and Electronic Cash Register (ECR) manufacturers, as they
believe that some were involved in the design and
distribution of zapper software
• New York findings support this
• Make restaurant owners aware of risk of being caught
• Securely send transactional information to the Tax Authority
• Promote voluntary compliance
• Not be intrusive for the business owner
The Sales Recording Module (SRM)
The SRM is the device underlying the technological solution. The SRM
must be connected to a cash register or point-of-sale system and a
receipt printer.
It is designed to:
• Serve as an “electronic lockbox”
• Receive data related to commercial transactions
• Record transaction information (such as sales and tax
amounts) in secure data storage
• Send the information required to print the bill to a receipt printer
• Be tamper resistant and allow for easy detection if tampering was
attempted
• Combat both zappers and more traditional skimming efforts
16
SRM
Mandatory Billing in the Restaurant Sector
17
4 Measures4
Public
Communication
Campaign
3
Inspection
Activities
1
Obligation to
provide the Bill
2
Obligation to
generate the Bill
with the SRM
Flow of Data
18
Sales Recording
Module
POS System
Cash Register
Receipt Printer
Québec Results
19
• 2011-12, the Québec government recovered $160
million in additional sales tax in the first year alone
• Does not include income tax or additional audit
assessments
• By 2018-19, Québec estimates that they will have
recovered $2.4 billion in additional consumption and
income taxes
Revenu Québec Results
20
• The cost to audit a restaurant has decreased from
$4,400 to $190 (a 96% reduction)
• An audit that used to take 70 hours now takes only
3 hours
• Benefits both the Revenue Department and the customer
• The number of annual audits has increased from 120
to 8,000 and most of the work can be done
electronically with minimal disruption to the business
Pilot Approach
• Utilize SRM under existing Audit authority
• Install SRM during initial taxpayer visit and record the data for approximately
six months
• Most states believe that they have this right under their authority to conduct
audits
• Audit selection criteria based on existing
DOR tools
• Benefits of the Pilot approach
• Low cost and risk
• No new legislation needed (likely)
• Benefits would far exceed costs (ROI of 3:1 during first year of Pilot)
• Proves the magnitude of the problem and provide a concrete estimate
• Could be used in multiple industries to provide the legislature with very
strong data to determine next steps
21
Full Implementation Approach
• An alternative approach would go straight to a full roll-
out of the solution for one or more industries
• Each business would be required to use an SRM for
each of their cash registers
• The state could then purchase inexpensive electronic
cash registers for businesses with no electronic cash
registers
• New legislation would likely be needed
22
Summary
• Traditional skimming has been around for years but
technology has allowed skimming to become fast, easy,
and extremely hard to detect
• Skimming and the use of zapper software has become
the norm in cash based businesses
• Tax agencies are trying to combat technology with
traditional audit techniques
• Successful IT solutions are available
that combat both traditional skimming
and sales suppression devices
23
24
Contact Information
25
Bryce Berg
Senior Consultant
Tax and Collections
(515) 306-7483
bryce.berg@cgi.com
www.cgi.com/govcollect
ISO 9001 Certified
About the Presenter:
• Over 15 years of tax
experience (13 in a tax
agency)
• Former Compliance Division
Administrator
• Former IRS Disclosure
Officer
• Process improvement
• Team and agency-wide
quality programs

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Zappers: what’s new in electronic sales suppression?

  • 1. © CGI Group Inc. CONFIDENTIAL Zappers: What’s New in Electronic Sales Suppression FTA Technology Conference August 2014
  • 2. Executive Summary 2 Background: • Tax cheats have been skimming cash from the receipts of businesses in various fashions for years Problem: • Technology has allowed this skimming to become fast, easy, and extremely hard to detect which is costing states hundreds of millions of dollars annually Historical Solution: • Government tax agencies adding additional audit resources to combat the problem Technology Solution Available: • Use of technology to place an electronic lockbox at the business location that has proven to dramatically reduce non-compliance and increase revenues"
  • 3. Agenda 3 • Historical View of Skimming • Quick Review of Zappers • Zappers in the US? • Recent News and Legislation • Detecting Sales Suppression Devices • Revenu Québec’s Solution and Results • Implementation Approach • Questions
  • 4. Historical Skimming Techniques 4 • Open drawer – not entering all the transactions into the cash register or point of sale system • Two sets of books: One for personal records and another in case of audit • Accurate books but filing false returns • Reprinting the same invoice • Training mode • Cancel the transaction after cash is received • Discount or coupon
  • 5. What is a Zapper? 5 • Computer function that facilitates tax evasion • Typically creates two sets of books • Owner avoids sales/income tax on the deleted receipts, while keeping the sales taxes collected from consumers • Cash based businesses are the highest users of the software (restaurants, bars, convenience stores, etc.) • Receipts are renumbered • Flash drives, removable CDs, or accessed through the internet
  • 6. Sales Suppression as a Service (SSaS) 6 • New service being offered to businesses • Installer provides the service to its customers • Erase, purge, delete, crash or physically destroy the hard drive on a regular basis • ECR/POS installer maintains access to system • Manipulation service is provided remotely • Installer maintains an accurate set of books in a remote location, which is often located in another state • Becoming the new norm in the zapper community
  • 7. Are zappers being used in the US? 7 YES!! Traditional methods of skimming are certainly being used but below are some examples of zappers that have been detected in the US: • New York • NY Dept. of Taxation personnel posing as new restaurant owners • 90% of ECR/POS salespeople tried selling zapper software with ECR/POS system • California • Undercover footage of zappers being used • Connecticut – $17 million by a grocery store • IRS Income Tax Audit • Michigan – $20 million by a restaurant chain • Sister-in-law informed CIA • Ohio – $3 million by a restaurant chain • FBI, Joint Terrorism Task Force, Homeland Security • Over 275 cases in Québec
  • 8. Estimated Annual Revenue Loss 8 State Number of Restaurants Estimated Restaurant Loss Estimated Conv. Store Loss California 62,469 $287.2M $83.8M Georgia 16,081 $39.4M $18.4M Illinois 25,193 $96.5M $28.7M Indiana 11,309 $48.5M $22.0M Louisiana 8,129 $34.8M $9.0M Michigan 15,729 $57.9M $29.4M Minnesota 9,767 $41.2M $17.9M New York 42,610 $231.8M $72.3M Pennsylvania 24,628 $90.6M $27.0M Utah 4,320 $15.7M $8.3M Total US (including other States) 503,500 $2,315.0M $1,133.7M Finland 9,731 $143.2M N/A
  • 9. Recent News in this Area California • Audit Unit that is dedicated to the issue • Studying the restaurant industry • Studying the ECR/POS systems in depth • Found both internal (phantom-ware) and external (zappers) devices • Undercover footage of sales suppression taking place Sales Suppression Symposium (April 2014) • Representatives from 23 states and Canada attended Quebec • Expanding the SRM solution into the bar industry • Revenu Quebec Moves to Record Drink Sales in Bars 9
  • 10. Recent News in this Area Oklahoma • Releases audit results of convenience stores • “Most owe at least $300,000 to $400,000” • Mom and Pop C-Stores sue Oklahoma Tax Commission Illinois • Fraud investigation on gas station owners • 27% of owners had skimmed over the past four years with some being over $1M per year • Sales Tax Zapped by Tax Zappers Washington • Passed legislation that included language that a business would be required to use an electronic monitoring device for five years if they wanted their business permit reinstated 10
  • 11. Recent News in this Area Canada Revenue Agency • Three year pilot/review • 424 businesses (restaurants in all provinces and grocery stores in Québec) • 143 cases of fraud • Average of $1 million for each case • CRA Finds Rampant Restaurant Fraud Vancouver, British Columbia • June 2012: InfoSpec Systems Inc. convicted of selling zapper software by the BC Supreme Court after a CRA investigation • July 2013: British Columbia Court of Appeals acquitted the company due to the sale of zapper software not being illegal • January 2014: Law went into effect that made it illegal 11
  • 12. States with Current Legislation 12 Many states have laws that makes it illegal to possess a zapper: • Arkansas • California • Connecticut • Georgia • Illinois • Indiana • Kentucky • Louisiana • Maine • Michigan • North Carolina • Oklahoma • Tennessee • Utah • Vermont • Washington • West Virginia Three additional states considered legislation this past year: • Missouri • New York • Texas
  • 13. Options to Detect Sales Suppression Devices • Set up fake stores and invite POS/ECR sales people (NY approach) • Client list from salespeople that offer zapper software • Targeted list but still need to perform audits on identified clients • Make a number of purchases prior to conducting an audit • Time consuming and number of audits is limited based upon available resources • Identify leads from other agency audits (Labor) • Employees being paid cash or unusual ratio of cash to credit • Use a Sales Recording Module (Québec approach) • Automated and allows for resources to be designated to other audit functions • Pilot approach or full implementation • Reduces time and cost of audits allowing for stronger audit coverage 13
  • 14. Additional Option to Detect Sales Suppression Devices 1099-K • Current use of 1099-K data in audit selection • Manipulate the sales data based upon known issues (tips, sales tax, etc…) • Apply cash/credit industry averages to data • Compare amount to reported amount • Targeted list of audit candidates • While this may help identify noncompliance issues, it will not resolve the skimming or zapper issues • Sales amount includes non-taxable goods, tax, tip, and shipping costs (cannot get exact) • Depending upon how the business is registered, it does not separate sales amounts by location • In-state vs out-of-state sales • Does not track cash • The timing of receiving the information • Still have to take the time to perform the audit 14
  • 15. The Revenu Québec Solution 15 Québec determined that the solution needed to: • Solve the problem of zappers and traditional skimming • Be independent of Point-of-Sale (POS) system developers and Electronic Cash Register (ECR) manufacturers, as they believe that some were involved in the design and distribution of zapper software • New York findings support this • Make restaurant owners aware of risk of being caught • Securely send transactional information to the Tax Authority • Promote voluntary compliance • Not be intrusive for the business owner
  • 16. The Sales Recording Module (SRM) The SRM is the device underlying the technological solution. The SRM must be connected to a cash register or point-of-sale system and a receipt printer. It is designed to: • Serve as an “electronic lockbox” • Receive data related to commercial transactions • Record transaction information (such as sales and tax amounts) in secure data storage • Send the information required to print the bill to a receipt printer • Be tamper resistant and allow for easy detection if tampering was attempted • Combat both zappers and more traditional skimming efforts 16 SRM
  • 17. Mandatory Billing in the Restaurant Sector 17 4 Measures4 Public Communication Campaign 3 Inspection Activities 1 Obligation to provide the Bill 2 Obligation to generate the Bill with the SRM
  • 18. Flow of Data 18 Sales Recording Module POS System Cash Register Receipt Printer
  • 19. Québec Results 19 • 2011-12, the Québec government recovered $160 million in additional sales tax in the first year alone • Does not include income tax or additional audit assessments • By 2018-19, Québec estimates that they will have recovered $2.4 billion in additional consumption and income taxes
  • 20. Revenu Québec Results 20 • The cost to audit a restaurant has decreased from $4,400 to $190 (a 96% reduction) • An audit that used to take 70 hours now takes only 3 hours • Benefits both the Revenue Department and the customer • The number of annual audits has increased from 120 to 8,000 and most of the work can be done electronically with minimal disruption to the business
  • 21. Pilot Approach • Utilize SRM under existing Audit authority • Install SRM during initial taxpayer visit and record the data for approximately six months • Most states believe that they have this right under their authority to conduct audits • Audit selection criteria based on existing DOR tools • Benefits of the Pilot approach • Low cost and risk • No new legislation needed (likely) • Benefits would far exceed costs (ROI of 3:1 during first year of Pilot) • Proves the magnitude of the problem and provide a concrete estimate • Could be used in multiple industries to provide the legislature with very strong data to determine next steps 21
  • 22. Full Implementation Approach • An alternative approach would go straight to a full roll- out of the solution for one or more industries • Each business would be required to use an SRM for each of their cash registers • The state could then purchase inexpensive electronic cash registers for businesses with no electronic cash registers • New legislation would likely be needed 22
  • 23. Summary • Traditional skimming has been around for years but technology has allowed skimming to become fast, easy, and extremely hard to detect • Skimming and the use of zapper software has become the norm in cash based businesses • Tax agencies are trying to combat technology with traditional audit techniques • Successful IT solutions are available that combat both traditional skimming and sales suppression devices 23
  • 24. 24
  • 25. Contact Information 25 Bryce Berg Senior Consultant Tax and Collections (515) 306-7483 bryce.berg@cgi.com www.cgi.com/govcollect ISO 9001 Certified About the Presenter: • Over 15 years of tax experience (13 in a tax agency) • Former Compliance Division Administrator • Former IRS Disclosure Officer • Process improvement • Team and agency-wide quality programs