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HARMONISATION VALUE ADDED TAX IN THE EU

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Title: HARMONISATION VALUE ADDED TAX IN THE EU


1

International exchange of VAT information within
the EU
DONATO RAPONIEuropean Commission - DG TaxudHead
of the Unit for administrative cooperation and
fight against tax fraud
2
Why exchange information ?
  • VAT consumption tax on the supply of goods and
    services
  • European Union free movement of goods and
    services ? important international trade
  • Thus need to control the correct application of
    the VAT rules an international problem

3
History of VAT information exchange
  • 1979 first EU rules on exchange of VAT
    information(simultaneously with the adoption of
    the 8th VAT directive, on VAT refunds to taxable
    persons in other Member States
  • 1993 Removal of tax borders between EU Member
    States
  • ? Reg. 218/92 to strengthen the exchange of
    information for intra-Community supplies and
    acquisitions of goods
  • ? main innovation VIES (VAT Information
    Exchange System)

4
VIES
  • Vat Information Exchange System
  • links together national VAT databases
  • electronic means of transmitting information
    between Member States relating to
  • tax exempt intra-Community supplies
  • VAT registration of companies registered in the
    EU
  • in 2004 80 million messages exchanged through
    VIES

5
VIES
  • Vat Information Exchange System
  • Companies can verify the validity of VAT numbers
    of their contracting parties
  • in 2004 11 million such verifications
  • How facility available on the internet at
  • http//europa.eu.int/vies

6
Recent evolutions
  • Increase of the international VAT fraud
  • Reasons
  • growth of international trade
  • expansion of the EU
  • VAT rules susceptible to fraud (missing trader
    fraud)
  • possible weaknesses in the control systems

7
Recent evolutions
  • The EU anti-fraud strategy
  • adapt the control systems to the new fraud trends
  • (training seminars for tax inspectors exchange
    of experiences and best practices)
  • improve administrative cooperation between the
    Member States ? new legislation
  • Council Regulation 1798/2003
  • implementing Commission Regulation 1925/2004

8
Purposes of the new legislation
  • More and better cooperation by clearer, better
    and more binding rules
  • 1. More direct contacts
  • 2. More efficient rules
  • 3. More information exchanges

9
1. More direct contacts are possible
  • using the available resources in the most
    effective way
  • functional decentralisation
  • territorial decentralisation

10
territorial decentralisation
11
territorial decentralisation
12
Functional decentralisation
  • Anti-fraud units
  • Specific anti-fraud teams
  • Intelligence units

13
2. More efficient rules
  • a. Request for information
  • new possibility request for a specific
    administrative enquiry
  • clear (and shorter) deadlines for replies
  • use of standard forms
  • electronic exchange of information

14
2. More efficient rules
  • b. Participation of foreign auditors in controls
  • now a specific legal base for such actions
  • note the administrative enquiry itself is
    carried out exclusively by officials of the
    requested authority

15
2. More efficient rules
  • c. Simultaneous controls
  • whenever such controls would appear to be more
    effective than controls carried out by only one
    Member State
  • new regulation provides for a clear legal
    structure

16
2. More efficient rules
  • d. Request for administrative notification
  • The authority of a Member State can be requested
    to notify all instruments and decisions of the
    applcant authority of another Member State, which
    concern the application of VAT legislation in the
    territory of the applicant Member State.

17
3. More information exchanges
  • Exchange of information without prior request
  • - What kind of information ?
  • - info on non-established traders (allocation of
    VAT numbers VAT refunds)
  • - info on intra-Community supplies of new means
    of transport
  • - info concerning distance selling not subject
    to VAT in the Member State of origin

18
3. More information exchanges
  • - info concerning intra-Community transactions
    presumed to be irregular
  • - info on (potential) 'missing traders'
  • - How ?
  • - immediate or periodical exchange
  • - electronic exchange
  • - use of standard forms

19
E. Conclusions and Future developments
  • CONCLUSION a strong "framework" for
    administrative cooperation
  • New legislation provides lots of possibilities.
  • The electronic exchange system and the use of
    standard forms allow a rapid exchange.
  • Practical assistance by SCAC (Standing Committee
    on Administrative Cooperation).

20
E. Conclusions and Future developments
  • New developments
  • Exchange of information also covers new fraud
    trends.
  • Special attention is paid to risk management.
  • Further extension of the electronic exchange
  • for information on electronic services
  • in the future for B2B intra-Community services

21
E. Conclusions and Future developments
  • However
  • Member States must dispose of the necessary
    resources to collect and to use the information
    they exchange
  • The fight against fraud as fraud itself - will
    continue

22
Thank you
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