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EC Tax Review
Number of Followers: 5

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ISSN (Print) 0928-2750
Published by Kluwer Law International

[21 journals]

Forum: Order in Skellefteå Industrihus AB: A Reversal of the INZO, Ghent
Coal Terminal and Breitsohl Jurisprudence'
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  Abstract: The Order issued by the Court of Justice of the European Union on 18 May 2021 in Skellefteå Industrihus AB may have escaped the attention of most VAT scholars and practitioners. In my opinion, however, it is either based on a wrong interpretation of the Court’s case law in the ITH and Stichting Schoonzicht cases, or constitutes nothing less than a reversal of the CJEU landmark INZO and Breitsohl decisions.
  Volume 31 Online ISSN 0928-2750
  PubDate: Wed, 25 May 2022 00:01:10 GMT
  Issue No: Vol. 31 (2022)
Forum: Disproportionate Taxation and the Right to Property; Some Recent
Judgments of the ECtHR
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  Abstract: The article examines how the subject of taxation appeared in the European Convention on Human Rights explaining how three judgments delivered by the European Court of Human in 2021 and 2022 expanded on the very same matters discussed in the travaux preparatoires to the Convention.
  Volume 31 Online ISSN 0928-2750
  PubDate: Wed, 25 May 2022 00:01:10 GMT
  Issue No: Vol. 31 (2022)
Article: Blocking the Gap: The Potential for Blockchain Technology to
Secure VAT Compliance
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  Abstract: This article aims to demonstrate that blockchain technology is the most optimal solution to tackle the significant challenge that Value Added Tax (VAT) non-compliance poses to the European Union (EU). VAT non-compliance, particularly evasion and fraud, is a complex and costly challenge to EU tax authorities and nations as a whole. Current compliance mechanisms fail to sufficiently ensure the collection of VAT in an effective and truly secure manner, leaving VAT and associated data open to misreporting and exploitation, posing a risk to both individual and national security. Focusing on the design aspects of security, transparency, and efficiency, it will be argued that blockchain provides the opportunity to tackle non-compliance whilst achieving a balance in both taxpayer’s wants and tax authorities’ needs. Utilizing current examples of blockchain implementation, as well as a specific VAT Coin proposal, it is demonstrated that a blockchain solution can come in many forms; be it a public, private or consortium blockchain, with each type respectively achieving compliance whilst prioritizing different aspects of data security and privacy. Ultimately, it is indicated that a blockchain-based VAT system has the potential to enable a significant reduction in the risk of non-compliance, whilst streamlining taxpayer obligations and protecting valuable datasets.Volume 31 Online ISSN 0928-2750
  PubDate: Wed, 25 May 2022 00:01:10 GMT
  Issue No: Vol. 31 (2022)
Article: BEFIT and Formulary Apportionment: Should Intangibles Be Included
in the Formula'
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  Abstract: In 2021 the European Commission proposed a new framework for taxing corporate income (“Business in Europe: Framework for Income Taxation”, or BEFIT). Consolidated profits of European Union (EU) based groups will be aggregated into a single tax base, and then allocated to Member States (MS) through a formulary approach. Critical issues in defining the formula comprise how assets (including intangibles) should be reflected. The purpose of this article is to discuss some core topics related to intangible recognition and its potential impact in the formulary approach considered in BEFIT. More precisely, the topics addressed are: (1) should intangibles be included in the asset component of the formula, alongside with sales and employment' (2) considering the several types of intangible assets, which ones would merit inclusion' Our view is that intangibles acquired to other companies belonging to the group (related party transactions) and intangibles developed internally by group members but that do not meet criteria for accounting recognition, should be out of the formula. Contrarily, intangibles developed internally that fulfil criteria for accounting recognition, and intangibles acquired to third (independent) parties should be included, with an exception for recognized goodwill.Volume 31 Online ISSN 0928-2750
  PubDate: Wed, 25 May 2022 00:01:10 GMT
  Issue No: Vol. 31 (2022)
Article: ‘VAT Gap’ Estimation: Distinguishing Between
Informality and Fraud
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  Abstract: The value added tax (VAT) remains a primary source of budget revenues across Europe. Consequently, compliance with it became critical for the fiscal security of Member States. Consequently, the issue of VAT compliance received EU level attention, and quantitative indicators – known as ‘VAT gaps’ – were produced for particular countries and the entire EU. Unfortunately, the most common top-down approach to the ‘VAT gap’ calculation delivers only the aggregate estimate of noncompliance. However, designing effective policy interventions requires a more detailed diagnosis as countering organized crime VAT fraud schemes requires different strategies than the shadow economy. This article proposes a simple approach to the top-down ‘VAT gap’ estimation that would enable distinguishing between the two categories by building upon the minimal set of data available to the tax authorities. An analysis of the Polish ‘VAT gap’ experience confirms the validity of proposed method, facilitating its application in a study encompassing multiple countries.
  Volume 31 Online ISSN 0928-2750
  PubDate: Wed, 25 May 2022 00:01:10 GMT
  Issue No: Vol. 31 (2022)
Article: The Shortcomings of the EU Public Country-by-Country Reporting
Directive
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  Abstract: The Directive (EU) 2021/2101 of the European Parliament and of the Council of 24 November 2021 amending Directive 2013/34/ EU as regards the public disclosure of income tax information by certain undertakings and branches, entered into force on 21 December 2021 and must be implemented by all EU Member States until 22 June 2023. It introduces the so-called ‘Public Country- By-Country Reporting’ system in the European Union. With these new transparency rules, the EU seeks to raise greater public scrutiny on the tax planning practices carried out by certain undertakings with activity in the EU. Despite its many achievements, the directive has several shortcomings, namely in what concerns compliance with legal certainty, issues in its implementation and effectiveness for achieving its ratio legis. After mapping these issues, we will put forward proposals that could be adopted by either the European or domestic legislator (the latter, at the implementation stage).
  Volume 31 Online ISSN 0928-2750
  PubDate: Wed, 25 May 2022 00:01:10 GMT
  Issue No: Vol. 31 (2022)
Editorial: Should We Cut ‘Final’ Losses'
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  Abstract: Volume 31 Online ISSN 0928-2750
  PubDate: Wed, 25 May 2022 00:01:10 GMT
  Issue No: Vol. 31 (2022)