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Friday, October 16, 2009

The extension would go to Dec. 31, 2008


The extension would go to Dec. 31, 2008, to give Europe enough time to get more permanent measures passed.
The directive on e-commerce took effect on July 1, 2003. It states that electronic services supplied for consumption outside of the European Union are exempted from VAT.
Without an extension, the Commission warned, the rules for services supplied electronically would revert to those in existence before the directive was introduced.
That would mean that EU suppliers would be subject to VAT, even for services supplied to clients outside the EU--and they would face competition from suppliers in non-EU countries that would not be subject to the sales tax at all.
"I urge the EU Council of Ministers to rapidly reach an agreement on this extension, as I cannot imagine we would revert to the rules prevailing before the e-commerce directive was introduced," taxation commissioner Laszlo Kovacs said in a statement.
He also called on the EU Council to adopt the two proposals, which would give permanent effect to the measures in the e-commerce VAT directive as soon as possible.The U.K. has applied to opt out of Europe-wide laws governing value added tax, a kind of sales tax, in an attempt to clamp down on criminals who use computer components to commit fraud.
Her Majesty's Revenue and Customs (HMRC) said Friday that it would be able to more effectively combat VAT fraud if the European Commission allows the changes to U.K. law.
VAT fraud, also called missing trader fraud, occurs when a company charges VAT on a sale of goods but doesn't return it to the government. Typically, those involved will move wholesale goods, such as mobile phones and processors, between European countries.
In the past, some U.K. technology companies have suffered--and in some cases have gone bust--when they bought goods that had previously been used in such a fraud. They were unable to recover the VAT that they paid when they bought the goods, because that VAT had not been paid to the government by the fraudsters.
The U.K. government wants to pull the rug from under such fraudsters by asking if it can change the way VAT is handled. At present, every link in such a chain pays VAT and then recovers it from the government. Under the government's proposal, the tax would only be levied at the end of the chain when the goods are sold to U.K. consumers.
"We're requesting to operate under different conditions, by taking out the mechanism that criminals use to commit fraud," an HMRC representative said.
"I hope that the Commission and other member states will look favorably on our request, and that the U.K. can implement the proposed changes as soon as possible," Dawn Primarolo, the paymaster general, said in a statement.
Germany and Austria also have put in a request to opt out of part of the European VAT law.
The U.K. government's request comes after the European Court of Justice dealt a blow to the U.K.'s efforts to tackle tax fraudsters. Earlier this month, the court ruled that three companies, including two computer processor resellers, were entitled to reimbursement of their VAT.
The companies had been fighting a decision by the U.K. VAT and Duties Tribunal which said they could not claim VAT back on electronics equipment that may have been used in fraud.
One of the technology companies involved in this case was forced to cease trading, after the withdrawal of a VAT refund. The VAT tax which is so popular in the EU is also the world's worst tax idea. It's essentially a sales tax added at every level of a product from raw materials to consumer product and since companies usually base their sale price as a markup vs the cost of materials even a small VAT tax at the raw materials level becomes a huge increase in price when the finished consumer product goes through several different levels.And of course a larger bureaucracy is needed to keep track of the tax to ensure it's paid. I would even go so far as saying it's mostly the VAT tax which is holding back the European economy from becoming strong.

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