1 / 7

IFA SEMINAR

IFA SEMINAR. VAT – A SYSTEM OF INTERNATIONAL FISCAL COORDINATION K.P.E. Lasok QC Monckton Chambers 17 March 2011. THE TAX PROVISIONS IN THE EC TREATY.

malik-odonnell
Télécharger la présentation

IFA SEMINAR

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. IFA SEMINAR VAT – A SYSTEM OF INTERNATIONAL FISCAL COORDINATION K.P.E. Lasok QC Monckton Chambers 17 March 2011

  2. THE TAX PROVISIONS IN THE EC TREATY • Prohibition of taxes and other levies incurred on the crossing of a frontier between Member States (part of the customs union provisions – see now TFEU 30) • Prohibition of discriminatory and protective internal taxation (now TFEU 110) • Border tax adjustments (now TFEU 111-112) • Harmonisation of indirect taxes (now TFEU 113)

  3. WHERE IS DIRECT TAXATION? • Title III of the General Programme for the abolition of restrictions on freedom to provide services (1962) • Title III of the General Programme for the abolition of restrictions on freedom of establishment (1962) • Arrangements for administrative cooperation

  4. VAT – the internal EU perspective • Progressive harmonisation of domestic turnover taxes • Initial focus on internal cross-frontier (transnational) transaction chains • From 1977 (Sixth VAT Directive) more intrusive – perceived need to harmonise tax base • Failure to resolve satisfactorily the problem of transnational chains (MTIC fraud)

  5. VAT – the external perspective • EU may authorise a Member State to conclude an agreement with a third country or an international body that derogates from the EU harmonised VAT system (Directive 2006/112, article 396) • Export transactions are in principle untaxed • Refund of VAT to taxable persons not established in the EU may be made subject to reciprocity (Directive 86/560, art 2(2))

  6. CONCLUSION • Two aspects to VAT as a form of international fiscal cooperation • First, the handling of the fiscal issues arising in the case of cross-frontier transactions • Secondly, the use of the system to eliminate or at least minimise deflections of trade • Not a complete success but not a bad attempt

  7. Thank You

More Related