Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Black Swan (1)
- Case C-587/10 (1)
- Council Directive 2010/24/EU (1)
- Criminal Proceedings against R (1)
- EMAG (1)
-
- Euro Tyre (1)
- Joint and Several liability (1)
- Kittel (1)
- MARC (1)
- MARD (1)
- MTIC (1)
- Missing trader (1)
- Mutual Assistance for the Recovery of Claims (1)
- Recapitulative statements (1)
- Reference class forecasting (1)
- SST (1)
- Simplification Triangulation (1)
- Streamlined Sales Tax Governing Board (1)
- Triangulation (1)
- UTR (1)
- Use Tax (1)
- Use Tax Reciprocity (1)
- VAT (1)
- VAT ID (1)
- VIES (1)
- VSTR (1)
Articles 1 - 3 of 3
Full-Text Articles in European Law
Vat Triangulation With A Us Middleman Vstr, C-587/10, Richard Thompson Ainsworth
Vat Triangulation With A Us Middleman Vstr, C-587/10, Richard Thompson Ainsworth
Faculty Scholarship
It is not every day that an American firm finds itself in the middle of an EU VAT controversy that significantly develops the law. However, the September 27, 2012 decision of the European Court of Justice (ECJ) does just that. The case is Vogtländische Straβen-,Tief- und Rohrleitungsbau GmbH Rodewisch (VSTR) v. Finanzamt Plauen.
In November 1998 Atlantic International Trading Company (AIT), an American company established in New York, NY, purchased two stone-crushers from VSTR, a firm established in Germany. AIT quickly re-sold the stone-crushers to an end user established in Finland. The VSTR/AIT contract was “ex works,” that is AIT …
A Perfect Storm In The Eu Vat: Kittel, 'R' And Marc, Richard Thompson Ainsworth
A Perfect Storm In The Eu Vat: Kittel, 'R' And Marc, Richard Thompson Ainsworth
Faculty Scholarship
EU VAT authorities are close to turning the tables on missing traders. For many years organized fraudsters have been stealing huge amounts of VAT on the domestic re-sale of exempt cross-border supplies. Losses have been enormous whether the transactions are in goods (notably cell phones and computer chips) or in tradable services (CO2 permits and VoIP). No market has been safe from the fraudsters.
Answers are developing, but these answers may look more like Armageddon than measured enforcement. Solutions are so draconian, and so all-encompassing that very few intra-community traders will feel safe from the gathering storm. The situation is …
Black Swans: Recapitulative Statements/Vies (Vat) & Use Tax Reciprocity (Rst), Richard Thompson Ainsworth
Black Swans: Recapitulative Statements/Vies (Vat) & Use Tax Reciprocity (Rst), Richard Thompson Ainsworth
Faculty Scholarship
There is fundamentally no difference between a value added tax (VAT), and a retail sales tax (RST) when it comes to collecting the tax on cross-border sales. If (under a VAT) a seller is allowed to “zero-rate” cross-border sales, or if (under a RST) a seller is exempt from collecting the tax on cross-border sales, the critical enforcement question is exactly the same – how does the system assure that the buyer will self-assess (and pay) the tax?
The simple answer is that the tax administration audits. The more complicated answer notes that the effectiveness of the audit (by the …