Industries

Receipts at festivals and outdoor markets

Outdoor market trade is carved out of the receipt obligation, but the carve-out has one exception aimed squarely at festivals: alcohol. Sell beer from a tent and you are inside the obligation, even though the sausage stand next door is not.

What the act says

Under section 3(3) of act 658/2013 the act does not apply to “outdoor market and marketplace trade, except for the retail sale and serving of alcoholic beverages”.

The carve-out therefore has two parts. Market and marketplace trade conducted outdoors is as a rule outside the receipt obligation. The retail sale and serving of alcoholic beverages is expressly taken out of that carve-out, meaning the obligation does apply to it.

What that means at a festival

Same site, same customers, different obligation depending on what is sold.

A festival has three supervisors

Under section 5 the Tax Administration and the police supervise compliance, and in a venue held by the holder of an alcohol serving licence the Regional State Administrative Agency supervises as well. The bar area is therefore the one part of a festival with three supervisors.

Section 5 also gives the supervisor the right to make test purchases where there is justified reason to suspect the act has been or is being broken.

The practical conclusion

The carve-out is not a reason to leave sales unrecorded. The turnover is in the books either way, and after the event you need the sales figures to settle with the organiser, the artist or a partner.

In practice the simplest answer is to run every point of sale on one system and issue a receipt everywhere. Then nobody has to judge stand by stand which rule applies, and a bar position cannot accidentally end up on the wrong side of the line.

Frequently asked

Does the carve-out cover all outdoor selling?

The act carves out market and marketplace trade conducted outdoors. The retail sale and serving of alcoholic beverages is taken out of that carve-out.

What if the festival is in a tent or a hall?

By its wording the carve-out covers outdoor spaces. Sales indoors are subject to the act normally.

Is issuing a receipt forbidden where there is no obligation?

No. The carve-out removes an obligation, not a right. You can always issue a receipt.

Sources

This article is general information, not legal advice. Confirm your event’s obligations with the Tax Administration, and for a serving licence with the Regional State Administrative Agency.

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