The Resource The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence
The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence
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The item The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation.This item is available to borrow from 1 library branch.
Resource Information
The item The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation.
This item is available to borrow from 1 library branch.
- Summary
- According to settled case law, national authorities and courts have to refuse the right of deduction of, or exemption from, VAT if it is ascertained that the taxable person knew or should have known that he or she was participating in a transaction vitiated by VAT fraud. This case law has created a new duty of due diligence which taxpayers have to observe when choosing their contract partners. To specify the content of this due diligence obligation, it is necessary to consider that, even though taypayers and tax authorities must together ensure the smooth functioning of the VAT system, they each have their own sphere of activity and responsibility. The control of taxpayers remains a state task. This task may only be transferred to the taxable person if this transfer is in line with the principle of proportionality. In view of this, it is necessary to specify the principle of proportionality. This can be achieved by implementing the idea of the sphere of responsibility which is useful in order to limit the duty of due diligence to an appropriate and reasonable level. According to the idea of the sphere of responsibility a taxable person can only be held responsible for disregarding information in those cases where indications of tax evasion become part of their sphere of influence. Considering this idea, the criterion of 'should have known' and the content of the duty of due diligence become clearer and the discretion of Member States is almost eliminated
- Language
- eng
- Label
- The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence
- Title
- The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence
- Language
- eng
- Summary
- According to settled case law, national authorities and courts have to refuse the right of deduction of, or exemption from, VAT if it is ascertained that the taxable person knew or should have known that he or she was participating in a transaction vitiated by VAT fraud. This case law has created a new duty of due diligence which taxpayers have to observe when choosing their contract partners. To specify the content of this due diligence obligation, it is necessary to consider that, even though taypayers and tax authorities must together ensure the smooth functioning of the VAT system, they each have their own sphere of activity and responsibility. The control of taxpayers remains a state task. This task may only be transferred to the taxable person if this transfer is in line with the principle of proportionality. In view of this, it is necessary to specify the principle of proportionality. This can be achieved by implementing the idea of the sphere of responsibility which is useful in order to limit the duty of due diligence to an appropriate and reasonable level. According to the idea of the sphere of responsibility a taxable person can only be held responsible for disregarding information in those cases where indications of tax evasion become part of their sphere of influence. Considering this idea, the criterion of 'should have known' and the content of the duty of due diligence become clearer and the discretion of Member States is almost eliminated
- Citation source
- In: British tax review. - London. - (2017), no. 5 ; p. 649-666
- http://library.link/vocab/creatorName
- Gunacker-Slawitsch, B
- Geographic coverage
-
- European Union
- Europe
- Language note
- English
- http://library.link/vocab/subjectName
-
- VAT fraud
- ECJ case law
- due diligence
- Label
- The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence
- Label
- The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.ibfd.org/portal/The-knowing-participation-in-VAT-fraud-/8vIn4bMakoA/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.ibfd.org/portal/The-knowing-participation-in-VAT-fraud-/8vIn4bMakoA/">The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.ibfd.org/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="https://link.library.ibfd.org/">International Bureau of Fiscal Documentation</a></span></span></span></span></div>
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.ibfd.org/portal/The-knowing-participation-in-VAT-fraud-/8vIn4bMakoA/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.ibfd.org/portal/The-knowing-participation-in-VAT-fraud-/8vIn4bMakoA/">The knowing participation in VAT fraud : reflections on the content and the limits of a reasonable duty of due diligence</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.ibfd.org/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="https://link.library.ibfd.org/">International Bureau of Fiscal Documentation</a></span></span></span></span></div>
