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Information Asymmetries in EU VAT

Information Asymmetries in EU VAT

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041188373
  • Published In: June 2017
  • Format: Hardback , 528 pages
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    Information Asymmetries in EU VAT in its up-to-date overview of European Union (EU) value added tax (VAT) law assesses legislation, case law, and practice at both EU and national levels, in the process of examining how to minimize the risks and negative consequences associated with information asymmetries. Unlike conventional direct taxes, the application and administration of VAT depends to a considerable extent on the exchange of information between the taxable person and his transaction counterparts. In practice, the taxable person often fails to obtain necessary information from his transaction counterparts, giving rise to information asymmetries that can induce VAT assessments, sanctions, and audits.

    What’s in this book:

    As a result of his in-depth treatment of the subject, the author establishes the following:

    • to what extent information asymmetries in EU VAT have legal implications (e.g., VAT assessments, fines) for the taxable person;
    • to what extent information asymmetries should have legal implications for the taxable person, taking into account the legal principles applicable in EU VAT;
    • to what extent positive EU VAT law indeed implies the risk of information asymmetries and any associated unjustified legal implications; and
    • to what extent legal remedies should be employed to avoid or to reduce information asymmetries for the taxable person.

    How this will help you:

    This is the first book that thoroughly analyzes the causes and legal implications of information asymmetries in the context of EU VAT, as well as the instruments that can be employed to counter their materialization. As such, it will be of inestimable value to practitioners, legislators, policymakers, entrepreneurs, judicial professionals, and academics concerned with EU VAT law.

     

    FEATURES

    Exploration of the role of information in EU VAT

    Comprehensive analysis of the implications of statutory EU VAT law for the administration of taxable persons

    Evaluation of the implications of information asymmetries in the field of EU VAT (including VAT assessments and sanctions).

    Identification of (legal) instruments which may improve information procurement by taxable persons

     

    BENEFITS

    For subjects of taxation (taxable persons):

    • Optimize legal protection when confronted with information asymmetries in the course of VAT taxation
    • Mitigate or avoid the risk of VAT assessments and sanctions (e.g. fines) when an information asymmetry materializes
    • Anticipate on legal norms which may lead to information complications and asymmetries
    • Arrange information procurement for VAT purposes in the most accurate manner possible

    For (EU) legislators:

    • obtain insight in the manner in which the (EU) VAT system can be amended in order to facilitate the information position of taxable persons

     

    If the concept ‘taxable person’ is too legal, we could choose to use the term ‘entrepreneur’ instead.

  • About the Author

    Notes to the Reader

    List of Abbreviations

    Acknowledgments

    Part I Introduction

    Chapter 1 Introduction to the Research

    Part II Conceptual Framework

    Chapter 2 Conceptual Framework

    Part III Legal Framework

    Chapter 3 The Tax Information Position of the Taxable Person from a Legal Perspective

    Part IV The (Legal) Implications of Horizontal Tax Information Asymmetries

    Chapter 4 Introduction

    Chapter 5 The General Implications of Horizontal Tax Information Asymmetries

    Chapter 6 The Exploration of Legal Measures as Remedies Against Asymmetries

    Chapter 7 The Legal Implications of Horizontal Tax Information Asymmetries

    Chapter 8 A Situational Approach to the Legal Implications of Asymmetries

    Chapter 9 The Normative Dimension of the Conduct of the Taxable Person

    Chapter 10 Summary and Conclusions

    Part V Tax Information Asymmetries in Connection with the Substantive Norms of Taxation

    Chapter 11 Introduction

    Chapter 12 Substantive Norms: The Taxable Person

    Chapter 13 Substantive Norms: The Taxable Transaction

    Chapter 14 Substantive Norms: The Place of Supply

    Chapter 15 Substantive Norms: The Taxable Amount

    Chapter 16 Substantive Norms: The Reduced VAT Rates and Exemptions

    Chapter 17 Substantive Norms: The Chargeable Event, Chargeability and Liability

    Chapter 18 Substantive Norms: The Right of Deduction

    Part VI Summary, Conclusions and Recommendations

    Chapter 19 Summary and Conclusions

    Chapter 20 Recommendations and Reflections

    List of Cited and Consulted Sources

    Table of Cases

    Index

  • Frank Nellen was born on April 5, 1982, in the Netherlands. He has obtained a Master’s degree in International Business at Maastricht Unversity (2005), a Master’s degree in Tax Economics at Tilburg University (2007, with distinction), and a Master’s degree in Tax Law at Maastricht University (2008, cum laude). Frank has worked as a tax advisor with KPMG Meijburg & Co from 2008 until 2016. Currently, he is employed as a tax advisor by Baker Tilly Berk (Utrecht). Additionally, in his capacity as an assistant professor at Maastricht University, he teaches various Master’s courses on (EU) VAT. In 2017, he published his dissertation titled “Information asymmetries in EU VAT”.

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