Avoidance of double taxation in cases of VAT esterovestizione


The tools available to taxpayers in order to avoid the double taxation Tax, are completely inadequate and complex as to become capable of compromising the neutrality of VAT and to prevent cross-border trade. With the premise that the study of the authorities in Brussels a new remedy and most effective way to eliminate the double taxation VAT – direct remedy to ensure that the European institutions remain vigilant so that the same taxable transaction is not subject to double taxation caused by differences in technical / regulatory discernible between domestic laws of the Member States – we will try to examine here the current solutions. The instruments now activated by Europeans relate only to cases where origin of the distortion of the principle of neutrality of VAT has been: • a different interpretation between Member States of a provision of the Sixth Directive (now recast in Directive 2006/112/EC); • a different classification of the same facts or different legal classification under which define a similar operation; In the first case, EU actors that you can provide will be: • the VAT Committee: adibile by the Commission or by the Member in order to achieve a common approach that can lead also to a real Council Regulation; • the Board: that, by unanimity, can make their own to take all the necessary measures to correct application of VAT legislation ( arctic 397 Directive 2006/112/EC); • the Court of Justice of the European Communities: institutionally competent to verify the compatibility of national legislation VI to Directive; In the second case, the remedy available to the taxpayer are even more limited. In fact, it is not possible to resolve these disputes through EU instruments, the VAT Committee may be called only for issues arising from a misinterpretation of the VAT legislation, while the Court of Justice does not have the powers necessary to rule on cases of double taxation arising from situations of their legal . There are no bilateral agreements between States for the avoidance of double taxation, the person who has suffered a double taxation that remains is to contact the tax courts in your country, with the specification, however, you must also act to justice the other country.

Join the Forum discussion on this post