EU CNCL Tax Fraud and VAT Action


On Nov. 6-7, EU CNCL issued Eurogroup action digital tax fraud.


  • ECB's Danièle Nouy gave an overview of ECB Supervisory Board's 2017 activities.
  • Work on non-performing (NPL) guidance, risk of Brexit and supervisor stress test.
  • SRB progressed on resolution planning, minimum standards of MREL, SRF status.
  • EC, ECB, IMF and ESM informed group that they are in talks with Greece on debt.
  • Discussed steps towards completion of EU banking union, and a Council roadmap.
  • Nov. 7 Meeting , Supervision, CMU
  • On Nov. 7, 2017, Ministers discussed proposal to strengthen financial supervision.
  • To enable markets to operate more effectively and better address new challenges.
  • Change supervisory relations with non-EU countries to better manage sector risk.
  • Reforms feed into EU’s plan to secure a capital markets union by the end of 2019.
  • Start with targeted amendments, to address shortcomings in the current system.
  • Digital VAT
  • On Nov. 7, Ministers discussed improved VAT rules to assist electronic commerce.
  • Facilitate buy/sell of goods and services online, per digital single market strategy.
  • Improved collections of VAT on digital services, aim to agree prior to end of 2017.
  • Dombrovskis on Tax Fraud
  • On Nov. 7, 2017. EC VP Dombrovskis spoke on tax evasion, aggressive planning.
  • Ministers could not reach political agreement, on the VAT e-commerce package.
  • Sought agreement on Jun. 2017 proposal for transparency for tax intermediaries.
  • Recent revelations confirm role for tax planners and advisers – or intermediaries.
  • Public country by country reporting should significantly improve tax transparency.
  • Dec. 2017 Regulations
  • On Dec. 5, EC directive and two regulations adopted by Economic Affairs Council.
  • Rules introduce simplification to intra-EU sales of EU electronic services by 2019.
  • And extend one-stop shop rules to distance sales of goods to 2021, VAT exemption.
  • Rules also introduce enhanced administrative cooperation between member states.
  • Dec. 2017 Official Journal
  • On Dec. 29. 2017, EU issued VAT on services and distance sales, in official journal.
  • Require measures to comply with A. 1 from Jan. 1, 2019, A. 2 & 3 on Jan. 1, 2021.
  • Issued regulation on administrative cooperation and combating fraud for VAT field.
  • Apr. 2018 VAT Cooperation
  • In Apr. 2018, EP issued a draft report on VAT cooperation measures, see #42842.
  • Jun. 2018 VAT Fraud Measures
  • In Jun. 2018, the EU Council adopted new rules to combat VAT fraud, see #44604.
  • Sep. 2018 Correction
  • On Sep. 6, 2018, EU CMSN published corrigendum to VAT rules in official journal.
  • Replaced an earlier corrigendum, published on May 22, which is now null and void.
  • Corrects an editorial error in the new Art 369p(3)(e), which is set out in Art 2(30).
  • Jan. 2020 Special Schemes
  • On Jan. 15, 2020, EU CMSN issued Reg 2020/21 of Jan. 14 amending reg 79/2012.
  • Chp 6 of title XII of directive 2006/112 provides for special schemes for taxable persons supplying certain services; this was amended by directive 2017/2455 and its scope extended to supplies of services to non-taxable persons/distance sales of goods.
  • To take into account the extended scope of special schemes of above chp 6, regulation 904/2010 was amended by regulation 2017/2454, and article 47g was inserted.
  • Implementing reg 79/2012 should be amended to reflect this change to reg 904/2010.
  • For this regulation to apply from same date as the amended provisions of chp 6 and article 47g of regulation 904/2010, this regulation should apply from Jan. 1, 2021.
  • Jul. 2020 Covid-19 Extensions
  • On Jul. 29, 2020, EU CNCL extensions to VAT deadlines were published in the OJ.
  • Council decision 2020/1109, Council reg 2020/1108, Implementing reg 2020/1112 changed applicability dates from Jan. 1, 2021 to Jul. 1, 2021, see #79378.
  • Sep. 2020 Covid-19 Extensions
  • On Sep. 23, 2020, EU CMSN issued reg 2020/1318 of Sep. 22, 2020 in official journal.
  • Amending Regs 2020/21 and 2020/194 re dates of application in response to Covid.
  • So as to provide those regulations apply from the same date as amended provisions of Title XII, Chapter 6 of Directive 2006/112/EC and of Regulation (EU) No 904/2010.
  • Jun. 2021 Exchange of Records
  • On Jun. 17, 2021, EU CMSN issued reg 2021/965 amending reg 2020/194 on exchange of records held by taxable persons or their intermediaries and designation of competent authorities responsible for coordinating administrative enquiries.
  • Taxable persons using one of the special schemes or their intermediaries should be able to use a standard form in a readable format; would allow MS of identification to provide an answer to MS of consumption within 30 days of date the request was made.
  • The member states should exchange the contact details of the person responsible for coordinating these matters in each member state to allow an efficient communication.
  • To permit a correct administrative functioning of the special schemes and facilitate the control and audit of taxable persons making use of them.
  • Implementing regulation (EU) 2020/194 should therefore be amended, accordingly.
  • Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union; it shall apply from Jul. 1, 2021.
  • Nov. 2021 Special Schemes for SMEs
  • On Nov. 17, 2021, EU CMSN issued regulation laying down rules for application of regulation (EU) no 904/2010, as regards the special scheme for small enterprises.
  • To ensure that the information referred to in article 37a(1) and article 37b(2) and (3) of reg 904/2010 is exchanged in a uniform manner, the Commission is to adopt practical arrangements for such exchange, including a common electronic message.
  • Arrangements should ensure processing of information relating to registration of SMEs, so they can avail themselves of special scheme outside MS of establishment,
  • MSs need to modify interfaces, so information can be exchanged in a uniform manner.
  • Information relating to changes to the identification details, such as the exclusion from the special scheme, should also be exchanged in a uniform manner.
  • This is so as to allow Member States to monitor the correct application of the special scheme within their territory and to combat fraud; to that end, common arrangements for the electronic exchange of such information need to be provided.
  • Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union; and it shall apply from Jan. 1, 2025.

Regulators EP; EU CMSN; EU CNCL
Entity Types Bank; Corp; Depo
Reference OJ L 407/27, 11/17/2021; Reg 2021/2007, 11/16/2021; OJ L 214/1, 6/17/2021; Reg 2021/965, 6/9/2021; OJ L 309/4, 9/23/2020; Reg 2020/1318, 9/22/2020; OJ L 244/1, L 244/3, L 244/9, 7/29/2020; Reg 2020/1108, Dec 2020/1109, Reg 2020/1112, 7/20/2020; OJ L 11/1, 1/15/2020; Reg 2020/21, 1/14/2020; OJ L 348/7, 12/29/2017; OJ L 348/1, 12/29/2017; Reg 2017/2454, 12/05/2017; Dir 2017/2455, 12/5/2017; 12/05/2017; Sp, 11/09/2017; Mt, 11/06/2017; Reg 79/2012; Reg 904/2010; Dir 2006/112; Brexit, MREL, CMU
Functions AML; Anti-Bribery; Financial; Fraud; Legal; Operations; Risk; Tax
Countries European Union
Category
State
Products Banking; Clearing; Corporate; Deposits; Loan
Regions EMEA
Rule Type Final
Rule Date 11/6/2017
Effective Date 1/1/2025
Rule Id 35980
Linked to N/A
Reg. Last Update 11/17/2021
Report Section EU

Last substantive update on 11/18/2021