In the Finance Bill 2016, Article 38 requires the use of an unalterable software to allow control of the treasury. However, this requirement poses a clear risk to free software.
In order to fight against VAT fraud, is it reasonable to prohibit the free accounting software or management or a POS system? In any case, this is the track that the government seems to want to borrow with Article 38 of the Finance Bill for 2016. This indeed proposes to reject the use of free software to record accounting operations.
This commitment was confirmed initially by the executive. This is to prohibit free software, which are alterable kind. But this position is now experiencing inflections. Signs of openness have indeed been expressed within the government to find a solution that reconciles free software and authenticated accounts. But it remains to be translated into action.
Reminder of the facts.
What does article 38? It exposes a person subject to VAT who “ saves the regulations of its customers through an accounting software or management or a cash system [must] use software or system satisfying conditions of unalterability , security, storage and archiving of data for control of the tax administration . “
The stated objective
Fight against VAT fraud by locking the use of accounting software, management and cash register. This explains Philippe Pary, director of Scil, publisher Watermelon checkout software, prevent the reversibility of data with excuses like “ My Car planted The data have disappeared . ” However, the axis followed by the executive posed a real problem for free software.
For in fact, free software is alterable . Anyone can grab the source code and develop the program at will, by adding or removing features.
But for Philippe Pary, who wrote Linux EN a detailed summary its efforts to sensitize politicians on the problem of Article 38, with particular contacts with the member for the riding and advisor Christian Eckert, secretary of state budget, the bill aims to spread good free software accounting software, management and cash register.
The free software is not totally helpless to meet “ inalterability, security, conservation and data archiving for the control of tax administration . “
Inalterability, security, conservation and data archiving so they can be controlled by tax authorities.
There may be such a system digital signature ( hash ) software distributed by the publisher, to verify that the impression of it corresponds with that used by the customer for its settlement operations. And detect possible changes. This track gives more a track to set another aspect of section 38. That of software certification when it meets the requirements of the law
Article 38 indicates that these requirements are “attested by a certificate issued by an accredited body” in the publisher of accounting software,
With the track of the digital signature, it would be possible to raise the solidarity clause weighing on the publisher If the hash does not match the first than the second, then the liability of the publisher is lifted; it will be the customer to explain.
Another avenue is through a escrow , like SSL certificates. The idea is to save the data with a trusted third party in an encrypted database, which could only be read by the customer, using its private key. To prevent tampering, the database is set to only accept data can never remove.
But for Philippe Pary, given the progress of legislative text, deadlines are now too constricted for such a route is viable. It also creates some constraints such as the need to have an Internet connection and send its information to progressively. In addition, there is the question of the actual data security to avoid any incident in terms of confidentiality.
An outcome favorable by December or January? The government is open to dialogue.
Does this mean that the Mass is said? No, says Philippe Pary. Skilled trade “ very rich and interesting ” took place in recent days, to inform the executive on the technical issues that may not have been seized from the start. And according to him, his interlocutors have shown “ proactive on the fact of working with us ” to “ to quickly raise the issue on December or January .”
An opening a priori encouraging, he considers, but will obviously translate into actions, with an update of the texts in order not to create conditions of legal uncertainty on use accounting software, management and cash register. Especially as are also affected online software sales, which are, themselves, used by hundreds of thousands, even millions of people.
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