スペインの税務署は、企業の付加価値税の脱税対策を強化
Hacienda va a la pesca de ‘truchas’
La Agencia Tributaria estrecha el cerco sobre sociedades que defraudan con el IVA
Esta trampa supone una pérdida de millones para las arcas públicas
Jesús Sérvulo González 25 NOV 2012 - 00:00 CET
Finance fisheries will 'trout'
The Tax Agency close the noose on companies that defraud with VAT
This trap is a loss of millions to the public purse
Jesus Gonzalez Sérvulo 25 NOV 2012 - 00:00 CET
An impeccably dressed gentleman entered the branch of a bank in Valencia. He is accompanied by his lawyer, who calls the shots. Ask to see the director of the office and gives orders to create a series of bank accounts and make transfers. The employer does not speak. He is awaiting a maxillofacial reconstruction and does not fit a single tooth, as the lawyer explains the manager of the bank branch. The advisor is responsible for all the details and entertains the director when businessman signing documents with difficulty. In reality, the entrepreneur is an indigent criminal organization that has taken a social center of the city of Valencia. He has been fed and a bath robe and brought it expensive to use as a front man for one of the many companies that use as cover. The story is described in beautiful detail an inspector of the National Bureau of Fraud Investigation Tax Agency (Onif) through telephone conversations bugged by police for a year.
When agents of the Treasury elite unit raided the office of this organization, located in a flat in the Gran Via Marques del Turia in Valencia, found a shelf full of mobile phones with labels clearly labeled with company names. In a closet in the office found several suits, shirts and ties with men wearing straw used to give credence to their business network. The company was engaged in buying and selling computer components at a suspiciously low price.
The operation, developed in 2010, was christened Revival. He finished with 16 detainees, the investigation of more than 50 bank accounts and identifying nominees and fifty companies from Romania, Bulgaria, Cyprus and Malta. Sources estimate that the tax fraud committed over 60 million euros. This is one of the operations against organized VAT fraud known as carousel fraud, most important to date.
Beggars used to disguise the entrepreneurs as front
This type of tax fraud in the value added tax is one of the greatest concern to the tax authorities. "It is a serious problem that could reach billions of euros", says a source from the inspection of the tax that places the beginning of this practice at the beginning of the last decade.
The VAT carousel fraud involves the creation of a corporate structure to take advantage of the intra-Community supplies are exempt from VAT.
The mechanism starts with a tax exempt sale between a company based outside Spain (A) and the other acting as national territory (B). Both are part of the organization. The company receiving the goods (B), known in the jargon of the Treasury as trout, in turn sold to another company (C) of the organization to which the tax impact. However, do not input to the Treasury. Typically these businesses (B) disappears without a trace. Often are companies incorporated by law firms engaged in building societies cascade. The fraud is aggravated when the third company (C) that received the goods VAT refund claim for having endured.
The Government reform the Penal Code to combat this fraudulent practice
In this case, the tax is not only not charged VAT on the transaction, but will pay for return. Actually, representing an emptying state coffers. The plot thickens when creating shell companies with more than hinder the trail of the merchandise, sometimes not even exist and is replaced by the circulation of fake invoices and delivery notes.
The Tax Office has tightened the noose on this type of frames organized, focusing on specific sectors such as computer components, mobile phones, alcohol, oil or used cars. The Onif has become the most effective unit against the dismantling of these activities.
Tax Agency sources say Spain alone there are about a dozen such groups. But he also warned: "They act through hundreds or thousands of companies. They have professional and have created complex and hierarchical structures. Those funding the carousel are often not in Spain. " So ask closer collaboration between the different departments involved in the investigation of this crime (inspectors, Onif, customs, police, Civil Guard ...).
Behind these organizations often have criminal groups, supported in Finance. They act as if they invested in a financial transaction: pay the first purchase of merchandise, if any, and to circulate, through its subsidiaries filed-at a price below the market, with very narrow margins because they seek to benefit from the discount 21% who do not pay VAT.
Treasury has proposed ending these organizations and limit the practice. "He wants to give a categorical answer," explained the Deputy Prime Minister, Soraya Saenz de Santamaria, when he presented the Penal Code and the statute of frauds to make some changes that hinder this illegal activity. Among them, facilitates immediate denunciation after reaching the minimum amount of evasion. In addition, it creates a type of crime aggravated when fraud is committed within a criminal organization.
The president of the Organization of Tax Inspectors, Ramses Perez-Boga, admits that this type of fraud is a major headache for the Treasury. He points out that one of the measures that could be taken to limit this activity is to expand the reverse charge. The measure, approved by the Government for certain real estate transactions, the first company force intervening to pay VAT to the Treasury rather than pass it on to other companies of the plot. That is, would force them to prove that VAT has been entered in the tax office to ask for a tax refund.
The Fraud Act also provides a package of measures to prevent the depletion of these companies when starting the investigation or the complaint is. Onif Sources explain that in recent years have reduced the number of payment fraud. While admitting that as dismantle one of these organizations, another takes its place immediately.
A few weeks ago, the Tax Office in Seville dismantled an organization that defrauded the VAT on oil in some gas stations. Ensure that all are slowly falling. Hacienda is trout fishing.
0 件のコメント:
コメントを投稿