Opinion Statements

CFE Opinion Statement on Financial Services

The CFE welcomes the fact that the European Commission has decided to review the basis upon which this fundamental sector of the European economy is subject to VAT. The CFE understands that the Commission currently believes that the charging of VAT on financial services is the only way in which distortions of competition that currently exist can be reduced.

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CFE Opinion Statement on withholding taxes on active income within the EU

Within barely a year, the ECJ has had the opportunity to confirm through three judgments the principles it laid down some years before in the Gerritse case. The judgments were those handed down in Conijn, Scorpio and Centro Equestre da Leziria Grande cases. With some differences, all cases related to the German legislation on withholding taxes on payments made to non-residents and, although establishing the same paramount rule, each of them went a bit further than the previous one into the different issues raised by the system of withholding tax which is common to all EU countries.

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CFE Opinion Statement on withholding taxes on active income within the EU

Within barely a year, the ECJ has had the opportunity to confirm through three judgments the principles it laid down some years before in the Gerritse case. The judgments were those handed down in Conijn, Scorpio and Centro Equestre da Leziria Grande cases. With some differences, all cases related to the German legislation on withholding taxes on payments made to non-residents and, although establishing the same paramount rule, each of them went a bit further than the previous one into the different issues raised by the system of withholding tax which is common to all EU countries.

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CFE Comments on OECD Study on the Role of Tax Intermediaries - second draft report

We refer to the updated draft of the report on the OECD Study on Tax Intermediaries which was kindly circulated to us for comment on 19 November by email. Thank you once again for the opportunity to comment upon the work result of the Study Team. Looking back to the debate on the occasion of the CFE conference on 19 November in Brussels, we have arrived at a position we are in general pleased with. We hope to continue constructively in future.

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CFE Opinion Statement on Project on Tax Intermediaries - First Draft Report

We refer to the draft report on the OECD Study on the Role of Tax Intermediaries which was kindly circulated to us for comment on 2 November 2007. We appreciate the opportunities we have been afforded to express our views on this Study throughout its existence. We welcome the occasion to make the following comments regarding the draft report. We also acknowledge the consultative process undertaken by the Study group and, as is reflected in paragraph 10 of Chapter 3, that the consultations had direct influence on the report.

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CIOT comments on Reverse Charge Mechanism

The CIOT supported a limited reverse charge covering goods most closely linked to goods when previous consultations were undertaken on the combating of fraud. However, even at that stage, the CIOT suggested that a better solution would be to look to more real-time monitoring of significant transactions. This was because, based on values that were disclosed in cases in the United Kingdom, it appeared that the major frauds involved relatively high value transactions.

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CFE Opinion Statement on the introduction of a partial Reverse Charge Mechanism

Our objections and estimates take in consideration all the scenarios and possible administrative problems as outlined in the study. We should outline at the start that any time there is a financial limit in tax one creates a risk for error and complexity. CFE would support there fore a more general reverse charge mechanism rather than a partial one.

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CFE Opinion Statement on VAT paid in error

The CFE recommends that uniform rules regulate claims for refunds of VAT paid in error. The time limits for making claims against the tax authorities should be the same as the periods in which it is open to tax authorities to raise assessments for under declared tax caused by deduction of VAT not due on the invoice. To avoid the possibility of claims by customers against their suppliers when their suppliers are unable to collect sums paid in error to tax authorities; similar time limits should also apply to claims between customers and their suppliers.

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CFE Opinion Statement on objection to risk rating

While CFE has already expressed many of the views of our members to the Study Group, we thought it timely and appropriate to write to you to formally express our views on one fundamental aspect of the draft working papers as published on the website. Prior to doing so we wish to acknowledge the recognition within the working papers of the role of tax advisers in the functioning of tax administrations.

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