Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • fx
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home»Finance

    Recovering Taxes and Duties

    npsBy nps2 November 2010 Finance No Comments5 Mins Read
    — Filed under: EU Law summaries SMEs
    Share
    Facebook Twitter LinkedIn Pinterest Email

    A short summary of the EU’s new framework for collecting taxes and duties across borders within the Single Market.

    ACT

    Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures

    SUMMARY

    Background

    Arrangements for mutual recovery assistance were first set out back in 1976 in Council Directive 1976/308/EEC (as codified by Council Directive 2008/55/EC) on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures. This instrument, however, has proved insufficient to meet the requirements of the internal market as it has evolved over the last 30 years. At the same time mobility of persons and capital is increasing, but national tax authorities still cannot forcefully recover taxes out with their own territory, meaning fraudsters can still take advantage of these limitations by organizing insolvencies in other countries.

    A legal framework was required to make provisions for an improved recovery assistance system within the internal market which will guarantee swift, efficient and uniform recovery assistance procedures among Member States.

    The Scope of the New Directive

    The new Directive does not apply to compulsory social security contributions, but does apply to:

    a) All taxes and duties of any kind

    b) Refunds, interventions and other measures forming part of the system of total or partial financing of the European Agriculture Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD);

    c) Levies and other duties provided for under the common organisation of the market for the sugar sector.

    Improving Tax Collection Efficiency

    The new Directive was designed with a view to establishing a more efficient assistance system involving rules that are more easily applied. Each national authority will offer ‘mutual assistance’ which can take different forms; ranging from a mere supply of information to actual assistance in recovery.  This mutual assistance principle will not be mandatory for claims more than 5 years old nor for claims below 1,500 Euros.

    The main features of the new Directive are as follows:

    1) Establishment of a central office in each country (Article 4)

    Each country has identified a competent authority for which mutual assistance is to be dealt with and the list of authorities has been published in the Official Journal (in the UK this will most likely be through HMRC). The competent authority shall designate a central liaison office which shall have principal responsibility for contacts with other countries in the field of mutual assistance covered by this Directive. The requested authority shall inform the applicant authority of the grounds for refusing a request for information.

    2) Request for information (Article 5)

    At the request of the applicant authority, the requested authority shall provide any information which is foreseeably relevant to the applicant authority in the recovery of its claims. The requested authority shall not be obliged to supply information:

    a) which it would not be able to obtain for the purpose of recovering similar claims arising in the requested Member State;

    b) which would disclose any commercial, industrial or professional secrets;

    c) the disclosure of which would be liable to prejudice the security of or be contrary to the public policy of the requested Member State.

    3) Exchange of information Without Prior Request(Article 6)

    Where a refund of taxes or duties (excluding VAT) relates to a person established or resident in another country, the authority from which the refund is to be made may inform the host authority of the upcoming refund.

    4) Direct Participation in Administrative Enquiries (Article 7)

    By agreement officials authorised by the applicant authority, with a view to promoting mutual assistance provided for in the Directive, may:

    a) Be present in the offices where the administrative authorities of the requested Member State carry out their duties;

    b) Be present during administrative enquiries carried out in the territory of the requested Member State;

    c) Assist the competent officials of the requested Member State during court proceedings in that Member State.

    5) Request for Notification of Certain Documents Relating to Claims (Article 8)

    at the request of the applicant authority, the requested authority shall notify to the addressee all documents, including those of a judicial nature, which emanate from the applicant Member State and which relate to a claim or to its recovery. The request for notification shall be accompanied by a standard form containing certain minimum information.

    6) Recovery or Precautionary Measures (Preamble)

    The Directive provides for one uniform instrument to be used for enforcement measures, as well as the adoption of a uniform standard form for notification of instruments and decisions relating to the claim. This should resolve the problems of recognition and translation of instruments emanating from another Member State.

    7) Disputes (Article 14)

    The relevant authority in the country where the dispute is made shall have competence over disputes and national rules of that country will apply, but if a claim is contested it will be up to the relevant authority of where the disputed party resides to inform them of the procedure.

    IMPLEMENTATION

    The new Directive entered into force on 20 April 2010 but each country will have till 31 December 2011 to implement the terms which will then apply from 1 January 2012.

    Add A Comment

    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    EUR/USD touches one year low as Trump takes control of Congress – Euro currency news daily

    Council agrees reform of EU VAT rules for the digital age

    Eurozone Economic Calendar

    One step closer towards a Single VAT Registration in the EU

    Funding Opportunities in the European Union

    Guide to accessing EU funding and tenders

    LATEST EU NEWS

    EU approves EUR 300m for common defence procurement projects

    14 November 2024

    EU proposes e-declaration for the posting of workers

    14 November 2024

    EU calls on Apple to end geo-blocking on media services

    14 November 2024

    EUR/USD touches one year low as Trump takes control of Congress – Euro currency news daily

    14 November 2024

    EU artificial intelligence factories set for 2025

    13 November 2024
    BRIEFING

    Agenda

    This week, COP29 begins in Azerbaijan; finance ministers discuss the EU's annual budget for 2025; and MEPs hold a plenary session on EU-US relations, EU summits, deforestation and COP 29...

    EUbusiness Week

    This week competitiveness and environment ministers will hold informal meetings…

    Eurozone Economic Calendar

    Key economic calendar events for the week 11 to 16 November 2024

    The Week's Top Stories

    This week competitiveness and environment ministers will hold informal meetings…

    Advertisement

    Subscribe to EUbusiness Week

    Get the latest EU news

    Latest Posts

    EU approves EUR 300m for common defence procurement projects

    14 November 2024

    EU proposes e-declaration for the posting of workers

    14 November 2024

    EU calls on Apple to end geo-blocking on media services

    14 November 2024

    EUR/USD touches one year low as Trump takes control of Congress – Euro currency news daily

    14 November 2024

    CONTACT INFO

    • EUbusiness Ltd 117 High Street, Chesham Buckinghamshire, HP5 1DE United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Privacy Policy
    • Tems
    • EU News

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2025
    Design and developed by : Dotsquares

    Type above and press Enter to search. Press Esc to cancel.

    Sign In or Register

    Welcome Back!

    Login below or Register Now.

    Lost password?

    Register Now!

    Already registered? Login.

    A password will be e-mailed to you.

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok