The European Court of Auditors has recently produced a special report concerning administrative co-operation in the field of Value Added Tax .
The report concentrates on the exchange of information using the existing cross-EU VAT Information Exchange System (VIES) for transmitting information relating to the validity of VAT identification numbers of companies registered in the Member States. It identifies a number of shortcomings in the exchange of information and considers the consequences for budget shortfalls across EU member states.
See http://www.rtvat.net/docs/651518.PDF for the full text.
Among the report’s conclusions are the following:
- Large scale value added tax evasion and fraud distort the functioning of the single market and affect the financial interests of the Member States and the financing of the Community budget.
- Though investigations into the magnitude of VAT evasion and fraud have not been carried out in all Member States, several estimates have been published. The International VAT Association quotes estimates of VAT losses ranging from 60 billion to 100 billion euro per annum across the European Union. In the United Kingdom alone, HM Revenue and Customs (HMRC) estimate that in the tax year 2005-2006 VAT revenue losses amounted to 18,2 billion euro. In Germany, the Ministry of Finance published the results of a study which estimated, for 2005, VAT losses of 17 billion euro.
- Fraud schemes are often sophisticated extending over several Member States and involving numerous companies. For example, Eurojust reported in March 2007 a case of international VAT carousel fraud estimated at 2,1 billion euro and involving 18 Member States. In the UK alone, according to HMRC, losses of between 3 billion and 4,5 billion euro in the tax year 2005-2006 could be attributable to so-called Missing Trader Intra-Community VAT fraud.
- Whilst goods move freely across internal borders, the action of national tax authorities still remains largely constrained by those same borders. If a trader makes intra-Community supplies, he has the right to obtain a refund of the input VAT. The VAT due is then payable by the trader in the Member State of destination. Cooperation between Member States' authorities is therefore necessary in order to exchange the information needed to assess VAT correctly.
- An audit by the European Court of Auditors showed that information exchanges between Member States can help Member States to assess taxation correctly and to prevent and detect fraud.
However, the Court found that:
(a) insufficient use is made of the new possibilities to enhance and speed up cooperation and not all Member States have set up adequate administrative structures and/or operational procedures for ensuring efficient cooperation;
(b) half of the information exchange upon request does not take place within the timescales required by the legislation and notifications of late replies or interim replies are rarely given;
(c) late replies occur in all Member States but their frequency varies considerably between Member States. There are sometimes significant differences between the number of requests which a Member State claims to have received and the number of requests other Member States claim to have sent it;
- There is a need for more intensive and rapid cooperation, more direct contacts between local tax offices and better monitoring to ensure that Member States provide efficient assistance to each other.
At RTvat, we believe that our proposed solution for linking each member state to a central database for the real-time exchange of all relevant VAT information would eliminate many of the report’s identified problems at a stroke.
Each member state would retain its own national servers, with the necessary security and validity required by their own tax authorities, but instantly and simply exchange all the information necessary to administer the efficient administration and distribution of the appropriate amount of VAT within each country charged at that country’s own applicable rate via RTvat’s central ‘clearing house’ server.
The RTvat solution incorporates two major changes from the current system, the combination of which eliminate carousel fraud entirely and greatly reduce all other VAT fraud: firstly, making all VAT payment on settlement (in real time), rather than on invoice, secondly, to taxing all intra-EU transactions at the seller’s rate.
See our website at www.rtvat.eu for more information, or contact us at enquiries@rtvat.eu