The European Commission on 17th March this year adopted proposals for the amendment of the VAT Directive and the VAT Administrative Cooperation Regulation to speed up the collection and exchange of information on intra-Community transactions from 2010 onwards. This will enable the Member States to detect carousel fraud very quickly. The proposals follow on from the Communication on the improvement of administrative cooperation between Member States to improve the fight against VAT fraud. They are part of a range of legislative and administrative measures which have been, or are about to be, agreed in order to combat VAT fraud more effectively.
Intra-Community carousel VAT fraud occurs where a person liable for VAT who has acquired goods or services within the Community on which no VAT has been paid supplies these goods or services within the Community with VAT imposed but then ‘disappears’ without paying the VAT into the Exchequer.
Faster information exchanges
When an intra-Community transaction takes place, it currently takes between three and six months for information about that transaction to be sent to the Member State in which the VAT is due. Under the proposals for a Directive and a Regulation, this period will be reduced to between one and two months, thus enabling any fraud to be detected much faster.
With this in mind, the Commission proposes:
- harmonising and reducing to one month the period which persons liable to VAT have for declaring intra-Community transactions involving the supply of goods or services within the Community;
- reducing from three months to one month the period for transmission of this information between Member States;
- collecting information monthly on intra-Community purchases of goods or services where the buyer or customer is liable for VAT to make it easier to cross-check the data with that provided by suppliers. For this purpose, buyers or customers making transactions to a value of more than EUR 200 000 per calendar year will be obliged to submit their VAT declarations monthly. The threshold has been set at this level to avoid imposing extra obligations on undertakings which make intra-Community acquisitions only occasionally or only for small amounts, while having regard to the significant amounts which fraud represents;
- simplifying the procedures for submitting declarations on intra-Community transactions in Member States in which these procedures are abnormally complex to reduce the burden which the procedures may impose on undertakings.
According to the various consultations carried out within the private sector, these measures will not impose an additional administrative burden on economic operators.
Other conventional measures under discussion
In addition to the proposals for a Directive and a Regulation, the Commission recently submitted several other conventional measures to the Member States’ tax authorities for consideration and for a decision. Some of these measures do not require any changes to EU legislation and can therefore be implemented quickly by the national authorities.
With effect from 2009, the department which checks the data on registration for VAT purposes on the Europa website will enable confirmation to be obtained of the name and address of trading partners established in other Member States and will issue personal consultation certificates.
This measure is intended to increase the legal certainty of operators acting in good faith and to enable the tax authorities to carry out more effective controls.
Considerable progress has also been made in discussions with the national authorities on the following points:
- automated access by all other Member States to certain non-sensitive data held by Member States on their own taxable persons (business sector, certain data concerning turnover, etc.),
- harmonisation of the procedures for the registration and de-registration of persons liable for VAT to ensure the swift detection and de-registration of fake taxable persons. The Expert Group is considering the introduction of minimum standards.
This Blog/Web Site ("Blog") does not to provide specific legal advice, it is for educational purposes only. This Blog is made available by the international adviser, lawyer or law firm for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.
The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any comment posted on the Blog can be read by any Blog visitor; do not post confidential or sensitive information. Any links from another site to the Blog are beyond the control of us.
By using this blog site you understand that there is no attorney client relationship between you and the Blog.
The Blog should not be used as a substitute for competent legal advice from a licensed professional adviser or lawyer in your country.
Our firm and do not convey their approval, support or any relationship to any site or organization. The use of this Blog does not implicitly or explicitly convey any warranties or representations as to the accuracy of the information contained herein.
This Blog has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Blog.
This Blog takes your privacy very seriously. Our customers told us they want to see clear, easy-to-read information about our privacy commitments and policies. We have made our privacy policies easier to find and easier to read. And we're listening. We welcome your questions and feedback on our privacy policies, and invite you to contact us with your thoughts.
Customer Privacy Controls and Choices:
• You can review and correct your Personal Information collected by us.
• You can limit certain types of solicitation communications from AT&T, including marketing contacts made via telephone, e-mail and text messaging.
• We will provide you with notice of changes to this policy.
Our privacy commitments are fundamental to the way we do business every day. These apply to everyone who has a relationship with this Blog and visitors.
• We will protect your privacy and keep your personal information safe. We use powerful encryption and other security safeguards to protect customer data, when available.
• We will not sell your personal information to anyone, for any purpose. Period.
• We will fully disclose our privacy policies in plain language, and make our policies easily accessible to you.
• We will notify you of any revisions to our privacy policy, in advance. No surprises.
• You have choices about how this Blog uses your information for marketing purposes. Customers are in control.
This Privacy Policy identifies and describes the way This Blog uses and protects the information we collect about visitors. All use of this Blog is subject to this Privacy Policy.
Use of Location Information
• When your wireless device is on, it sends periodic signals to the nearest cell site. We use that information to provide your wireless services;
• You can use your wireless device to obtain a wide array of services based on the approximate location of the device, referred to as Location Based Services, or LBS. The information you receive in connection with your use of LBS may include advertisements related to your request and your location;
Online Activity Tracking and Advertising
• We collect information about your activity on this Blog for a number of purposes using technologies such as cookies, Web beacons, widgets and server log files.
• We and our advertising partners use that information, as well as other information they have or we may have, to help tailor the ads you see on our sites and to help make decisions about ads you see on other sites.
The Information We Collect, How We Collect It, And How We Use It
We collect different types of personal and other information based on your use of our products and services and our business relationship with you. Some examples include:
• Contact Information that allows us to communicate with you -- including your name, address, telephone number, and e-mail address;
• Equipment, Performance, Site Usage, Viewing and other Technical Information about your use of our network, services, products or Web sites.
We collect information in 2 primary ways:
• You give it to us when you register to provide comments;
• We collect it automatically when you visit our Blog.
We use the information we collect in a variety of ways, including to:
• Provide you with the best visitor experience possible;
• Deliver customized content that may be of interest to you;
• Address network integrity and security issues;
• Investigate, prevent or take action regarding illegal activities, violations of our Terms of Service or Acceptable Use Policies; and
• For local directory and directory assistance purposes.
Aggregate or Anonymous Information:
We may share aggregate or anonymous information in various formats with trusted entities’ only for purposes such as:
• Our knowledge, and offer of information that may be of interest to you;
• Universities, laboratories and other entities that conduct scientific research; and
• Media research companies for general information only.
More information:
http://www.jpa-iac.com/en/
http://www.braxton-co.com/en/
http://www.tax-international.com
http://www.braxton-group.com
Subscribe to:
Post Comments (Atom)
Posts
No comments:
Post a Comment