Canada Revenue Agency: Third Of Restaurants Inspected Likely Committing Tax Fraud

First Posted: 08/01/11 02:21 PM ET Updated: 10/01/11 06:12 AM ET

Chinese Cashier Cat

OTTAWA - A third of Canada's restaurants may be ripping off the taxman by using sophisticated "zapper" programs and other software to hide their sales.

The Canada Revenue Agency has found an estimated $141 million in phantom sales that were deliberately erased in electronic cash registers to dodge taxes.

The widespread fraud was uncovered in a three-year pilot project that analyzed electronic sales data at 424 establishments to find faint traces of sales that were wiped clean.

A team of 14 data specialists discovered at least 143 cases of suspected fraud, each with an average of $1 million in hidden sales. That works out to about 34 per cent of all the sale systems that came under scrutiny.

The agency says the specialists "gathered sufficient and irrefutable evidence" of the alleged frauds.

The pilot project was originally scheduled to run only two years. But the work was extended by an additional year, to March 31 this year, after the potential tax losses from the electronic suppression of sales were deemed "significant."

"There is usually intense competition in the restaurant sector, and as (electronic suppression of sales) gains a foothold, more and more businesses may feel they need to compete by suppressing sales," says an internal agency document.

"In some cases, taxpayers are suppressing sales and paying employees and suppliers in cash while not claiming the expense. This allows taxpayers to remain under the radar ..."

A heavily censored internal report on the pilot project was obtained by The Canadian Press under the Access to Information Act.

The taxman's net was spread across Canada, focusing on restaurants with electronic sales systems, except in Quebec where the focus was on grocery stores.

The internal report cautions that the Canada Revenue Agency does not have data on how many businesses use electronic sales systems, and so "any statistical valid sampling was not possible." The early results, while alarming, are therefore not necessarily representative of the whole sector.

A spokesman says the agency now is developing a broad strategy to tackle the problem and "has every intention of proceeding in due course."

In the meantime, "two cases have been successfully prosecuted resulting in fines and jail time. In addition, charges have been laid in six other cases," said Noel Carisse. Other cases are under investigation.

"The ... problem will continue to grow as long as taxpayers perceive that only limited steps are being taken to combat the problem," says the internal report, calling on the agency "to move forward immediately" with a broader strategy.

The fraud has been detected so far only in the food-and-beverage sector, as well as at one grocery store in Quebec. The tax dodge usually — but not always — involves hard-to-trace cash transactions.

Restaurants that want to cheat often buy software with built-in hidden features, called "phantom-ware," that can remove sales data. Or they use stand-alone software — "zappers" — on a thumb-drive or CD that does the same work.

Software providers to the food-and-beverage industry are nimble and sophisticated, leaving the taxman trailing. But the Canada Revenue Agency has acquired at least two working copies of "zappers" for analysis.

"In both cases, it is suspected that the software developer created and marketed the zapper," says the report. The agency has also identified at least 10 commercially available software products "where suspicious activity has been detected." Carisse declined to provide details.

The federal agency detected the first "zapper" case only in 2006, in Vancouver. Revenue Quebec, on the other hand, has rooted out more than 200 "zappers" since 1997, and is considered a world leader in such investigations.

The president of the Canadian Restaurant and Foodservices Association, with 30,000 members, says his group has worked with Revenue Quebec for years to resolve the zapper problem.

"You've got to work with the industry. The problem is, the CRA has not contacted us to work with us," Garth Whyte said in an interview from Toronto. "Our members are against people scamming the system."

"The other thing we recommend is that you go after the guys that are selling the zappers. ... Go to the source."

Whyte cautioned against any burdensome enforcement system that could saddle struggling restaurant owners with new costs, and questioned whether the sample of 424 establishments is truly representative of the sector.

Canada's restaurant industry employs about a million people, and is worth about $60 billion annually.

As of Sept. 1 last year, the Quebec government has required restaurants in the province to issue bills to their clients and to keep a copy of each bill, as a measure to fight "zappers" or "camoufleurs de ventes."

And beginning in November, Quebec restaurants will be required to use a government-approved black box — known as a sales recording module — to generate bills. The province expects to receive $300 million in additional tax revenues each year once the system is fully in place.

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OTTAWA - A third of Canada's restaurants may be ripping off the taxman by using sophisticated "zapper" programs and other software to hide their sales. The Canada Revenue Agency has found an estima...
OTTAWA - A third of Canada's restaurants may be ripping off the taxman by using sophisticated "zapper" programs and other software to hide their sales. The Canada Revenue Agency has found an estima...
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HUFFPOST SUPER USER
JackHoffman
Pundit
02:34 PM on 08/02/2011
Names of the violating restaurants ?? Names of the various software ??
09:01 AM on 08/02/2011
does anyone get a receipt from the doctor when they visit ------how do the know what was billed was actually the service rendered
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Artemis34
"Women 4 the GOP" is like "Chickens 4 the KFC"
01:05 AM on 08/02/2011
You can be sure any place that only takes cash is avoiding taxes.
This user has chosen to opt out of the Badges program
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11:38 PM on 08/01/2011
lol of course they use a chinese restaurant for the headline pic.
06:51 PM on 08/01/2011
i still want know how many days the oil companies keep the tax i pay before remitting them to gobvernment -------

i really dont like extending an interest free loan to big oil

there is a story for you lauren ------restauranters are getting by-----not getting rich ------not so with big oil and their big sales and big government tax receipts
06:33 PM on 08/01/2011
Perhaps its time our government and by extension Revenue Canada start to act more mature.

Instead of playing this game , why not impose a tax that is palatable to small business and by extension to all taxpayers.

Preston Manning's student 9 Harper ) should get on with it and liberate entrepreneurs from this ridicul;ous tax system we try and jump hoops through just to keep as much money as we can.

And before you knock me, consider i operate without benefits or a safety net. I make what I make based on my efforts and there is no one to catch me if things go wrong. I take all the risk and I make all the sacrifices. I only ask that i keep most of what i make so i can deal with my pension, insurance and benefits. I don't want or need the government to take care of me when I retire.

I'll gladly pay for our medical system and educational system. i'll make contributions with my purchasing power to assist other business in the country. I will pay fueL taxes, sales taxes and ask for nothing , except, you take this tax system and simplify it to a point I don't need an accountanrt or lawyer to file it for me.

Can you do that ? Really, thats all we ask for. Make it simple enough that a mistake won't wipe us out.
06:43 PM on 08/01/2011
your problem is you are too small ---

if you were big you would do the same tax dodges but the feds would heap huge subsidies on you.
04:33 PM on 08/01/2011
Having worked in the restaurant industry for many years, I have seen a variety of ways to hide sales. Even the computer programs are designed to allow this. At one restaurant, the system we had to ring up all sales had a "training key". While this was to be used by management to train wait staff to use the system and place orders , it could also be assigned to a good waiter on a weekend night to make a thousand dollars that was not recorded after that evening. A grand in the owners pocket.
03:55 PM on 08/01/2011
Bravo Quebec! It is good to see that the Province is stepping up to the plate and providing a solution that will provide much needed revenue for the citizens.

"A spokesman says the agency now is developing a broad strategy to tackle the problem and "has every intention of proceeding in due course."".

I hope that "due course" does not take the long and winding road, as it so often does. The honest business men and women across Canada deserve to have their collective names cleared.

I do, however, wonder why the Canadian Revenue Agency does not do a "Pilot Project" on the thousands of Servers in Food and Beverage establishments who do not pay their complete taxes on monies earned. I work for a large and very prosperous, International Hotel Chain and the employees who do not earn tips pay ALL their taxes, while the Servers do not. These are not minimum wage earners, these are highly paid professional Servers.

Just wondering.....
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HUFFPOST SUPER USER
ljkcan
I don't let geographical borders limit my thinking
03:40 PM on 08/01/2011
I resent going somewhere for a coffee and a muffin and they have the audacity to charge me the tax but not key it in, I piss them off and ask for a receipt then they have to enter it into the cash register.
03:15 PM on 08/01/2011
I occasionally shop at warehouse type stores that cater to small food businesses. Every time I've been to one I watch the merchants pay cash for everything - no paper trail. I asked the clerk if that was common and she said that not only was it common but sometimes they will buy $5000 worth of cigarettes and always pay cash.
Some time ago there was a story in the local paper about a hardworking Asian fellow who owned a local corner store. It said that though he worked 7 days/week he made around $30,000 a year. I laughed when I read that because he drove a new Mercedes , his house across the street was worth over 500K and he put all kids through university.
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HUFFPOST SUPER USER
floodberg
Attorney (ret.)
02:20 PM on 08/01/2011
Zapping is just a hi-tech way of double-booking.  It's very common in the US in predominantly-cash businesses (restaurants, small stores, laundries/dry cleaners).  Goes hand in hand with money laundering.

In the US, however, we have big business getting unearthly tax breaks and shelters from our government, which also fails to hold the CEOs, CFOs, and officers criminally liable for breaking the law (started after Enron) because it profits the politicians greatly.  Small business is only learning to do illegally what they see big business doing legally.

I hope Canada cracks down on it before the total disregard of law takes over, as it has in the US.
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Edward Wilkes
Poet/Stage Actor
03:57 PM on 08/01/2011
Agree!
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HUFFPOST SUPER USER
floodberg
Attorney (ret.)
04:44 PM on 08/01/2011
Thanks, Edward Wilkes.  I really credit Canada for resisting the siren song of our TBTF banks, and keeping their mortgage and banking industry local.  It sure paid off for them, and it worked for the Australians as well.
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JackHoffman
Pundit
02:36 PM on 08/02/2011
We clean our dirty money through dry cleaners and laundromats.