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European Council Adopts Measures Against Tax Evasion, by Ulrika Lomas, Tax-News.com, Brussels
Friday, July 03, 2009
The European Council has adopted a directive intended to strengthen measures against
the evasion of value-added tax (VAT) on imports.
The new act specifies the conditions under which the importation of goods is
exempt from VAT if followed by a supply or transfer of those goods to a taxable
person in another member state.
The exemption applies only if the importer has provided to the competent authorities
of the member state of importation the following information:
the VAT identification number of the importer issued in the member state
of importation
the VAT identification number of the customer, to whom the goods are supplied,
issued in another member state, or his own VAT identification number issued
in the member state in which the dispatch or transport of the goods ends
evidence that the imported goods are intended to be transported or dispatched
from the member state of importation to another member state.
The European Commission has given a high priority to cracking down on VAT fraud,
particularly missing trader intra community (MTIC) fraud, also known as carousel
fraud.
According to a report adopted recently by the European Parliament, member states
are deprived of about EUR200-250 billion a year as a result of fiscal fraud.
VAT fraud alone, of which MTIC is a large part, accounts for some EUR40 billion
a year, equal to 10% of the total receipts, the report concluded.
“Importation of goods is exempt from VAT if followed by a supply or transfer
of those goods to a trader in another member state,” says the Commission.
“Inadequate implementation of this exemption in national law has led
to difficulty in following-up the physical movement of the imported goods. Experience
shows the increasing use of this particular exemption in missing trader fraud
schemes.”
Last month, the Commission made publicly available a procedure for a taxpayer
to get a certificate proving that he checked the validity of the VAT identification
number of a client at a given time. This certificate can be used as one of the
elements of evidence supporting the non-application of VAT on supplies to business
customers in other member states.
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