Annex 1: Criminal Penalties

Transcription

1 Annex 1: Criminal Penalties Offence Threshold Sanction Austria Belgium tax fraud 8 days-2 years and/or EUR ,000 Czech Republic tax fraud evaded tax > EUR 2,000 evaded tax: EUR 2,000-20,000 evaded tax > EUR 20,000 6 months - 3 years 2 8 years 5-10 years violation of damage < EUR 2,000 max. 2 years reporting obligation damage > EUR 2, years Denmark severe tax evasion evaded tax > EUR 67,000 (DKK 500,000; especially serious & amount can be accumulated over diff. years, max. 8 intentional, criminal law) years; additional fines (=evaded tax) evaded tax > EUR 33,500 (DKK 250,000, intentional/gross negl. tax law) max 1.5 years or normal fines (50-200% of evaded sum) Finland petty tax fraud fine tax fraud fine or max 2 years aggravated tax fraud min 4 months, max 4 years France tax fraud willful default of filing return or concealment of tax base > 10 % fine EUR 37,500 1 Mio. max. 5-7 years (organized of taxable amount or EUR 153 crime or using accounts/contracts abroad) Greece fraud evaded tax > EUR 15,000 (VAT: EUR 3,000-75,000) evaded tax > EUR 150,000 min. 1 year min. 5 years (VAT: > EUR 75,000) Germany tax fraud >EUR months 10 years tax evasion < EUR 100,000 max. 720 daily income as fine Hungary budget fraud max. 2 years Italy tax fraud intentional crimes with use of imprisonment fraudulent means tax evasion because of fraudulent tax evasion > EUR 30,000 fine

2 misrepresentation or omitted tax return crime of tax evasion > EUR 50,000 fine misrepresentation Netherlands fraud serious fraud imprisonment or max % of evaded tax (application is exception) gross negl. / deliberate intent max 25-50% Poland fraud tax evasion < 80,000 tax evasion > 80,000 max. 720 day units max. 720 day units or max. 5 years Portugal aggravated tax fraud max 8 years or fine max. EUR 960,000 fraud evasion > EUR 15,000 max. 5 years or fine max. EUR (legal persons); max. EUR 300,000 (individuals) Spain tax fraud tax evasion > 120, years + fine % of defrauded sum aggravated tax fraud tax evasion > 600,000, 2-6 years + fine % organized criminal group or use of defrauded sum + of nominees, tax havens excluded from grants or hindering identification of public aid, fiscal and social taxpayer security benefits for 4-8 years accounting crime 5-7 months Switzerland felonies min. 3 years misdemeanor max. 3 years or fine Turkey years frau US imprisonment or max. USD fraud 100,000 (USD 500,000 corpor.) willful failure to pay max. USD 25,000 (USD tax, file return, 100,000 corporations)

3 supply information Annex 2: Purpose/Character of Administrative Surcharges Country Purpose/character of administrative surcharges Czech Republic regulative, protective, preventive & repressive Denmark France prevent and punish criminal behavior, otherwise administrative measure is considered as interest Germany ancillary payment; monetary sanction in addition to tax; ensure & enforce compliance; no fiscal function Italy teleological identity of criminal and administrative surcharges as long as it aims at protection of public interest to equal and timely tax collection Poland prevention only, no repression Portugal punish socially intolerable behavior, not serious enough to qualify as crime Spain substantial the same character as criminal penalty; repressive and preventive; if surcharge is lower than 50% of tax debt Sweden preventive purpose to secure taxes and provide information in time US Same purpose as criminal penalties: foster tax compliance through general deterrence predominant character: compensate govt. for additional cost for detecting and correcting fraudulent tax understatement other purposes: raise revenues punish non-compliant behavior; reimburse cost of compliance program willful failure to pay tax, file return, supply information

4 Annex 3: Types of Administrative Surcharges eamplified overview Infringement Fixed percentage of the assessed tax Late filing % (France, depending on the severity of violation) ; 0.05% per day (Czech: max. 5% or 12,000 ); max 10% (Austria); 5% per month (US; max. 25%); 5% or GBP 300 if 6 months late 100% or GBP 300 if 12 months and deliberate & concealed (UK); 15 % if filed within 30 days and % if filed afterwards Fixed percentage of Fixed amount taxable income 0,1% (Norway: min. 25, EUR 27 per day max. 1,900 ); 0-30% in (Denmark, max. EUR case of intent or gross 650; EUR 130 if negligence (Finland) continued late filing); discretionary max. 25,000 or 10% of assessed tax amount (Germany); max. EUR 150 for slight error and max. EUR 800 for significant error (Finland); EUR 100 without bookkeeping obligation, EUR 250 with bookkeeping oblig. (Greece); EUR 600 for individuals and EUR 1600 for others (Hungary); EUR ,000; EUR depends on who commits falure (Turkey) Incorrect filing Fixed percentage of the 75% of income Finland: tax increase increased tax: 40 or 80% (compensates lack of max. 150 for slight (France); % delay interest, Poland) error, max. 800 for (Belgium); depending on signif. error, 0-30% for the severity of violation; gross negligence; Spain: % of difference (depending after audit (Greece); self- on the severity of the audit surcharge 50% or violation) 75% of default surcharge

5 (Hungary); 10-30% of potential tax evasion (Underpayment penalty, Norway); 0-100% according to level of intent and if prompted (UK) Non- 100% (France); 10-30% max. EUR 20,000 ; non- cooperation underpayment penalty electronic filing EUR 80- (Norway) 2,000 (Czech); for nonproviding of bookkeeping documents (Germany); EUR (general violation of tax code, Belgium); EUR 100 or EUR 250 accosrding to bookeeping obligation (Greece); EUR 666 for taxpayers, EUR 1660 others (Hungary); EUR ,000 (Spain) Violation of 0.05% % of revenue transfer or EUR 33,000 increasing pricing by number of employees documentation for not informing about obligation to provide trasfer pricing documentation and EUR 33, % of increased revenue for failure to provide dosumentation (Denmark); max. EUR 25,000 tax increase (Finland); discretion of

6 Late payment Austria: 2% (first three month), 1% (later three month-periods); 5 or 10% (France); 1% per month (Germany: including interest); VAT 2 times evaded tax (Belgium); market rate +0.8%, 2014=5% (Denmark); VAT 7.5 % (Finland); 10 % for compensation of damage (France) Variable: 5-20% of tax debt (Spain); 10-30% according to duration of delay (Greece); 0.5% per month, max. 25% (US); 0-100% according to level of intent and if prompted (UK) tax authority: violation of transfer pricing documentation duties: 5-10% of the non-assessed income, if usable and late filed up to 1 Mio, min EUR 100 per day (Germany); 1 % of gross income of tax, min. EUR 1,000, max. 10,000 (Greece); 50% (Poland) of non-declared income Tax evasion 80% (40% without initiative, France); Norway: 10-30%; Spain: %; Italy: 100-

7 240% (depends on the severity of the violation); 2 times evaded tax (Belgium); 100% (Denmark); % (Hungary); max. 240% (Italy); % (Spain); 100% of tax loss, 300 % if tax is evaded (Turkey) 20% accuracy penalty, applies also with respect to tax shelters, 75% civil fraud penalties (US)

8 Annex 4: Interests examplified overview Interest Occasion Variable Fixed Late filing 2% above base rate (Austria); 0,5% p.m. (Germany); 0,73% p.m., from the expiry date of the deadline for the initial payment (Greece) compensation interest 4% (Portugal) 16.8% p.a. (Turkey); Deferral of payment 4.5% above base rate (Austria); repo rate + 7 percentage points (Czech Republic) 0,5% p.m. (Germany); 4.5% (Italy); 12% (Turkey) Suspension of tax collection Late payment 2% above base rate (Austria) 0,5% p.m. (Germany); 4.5% (Italy) ordinary civil law rate (Belgium); 0.4% p.m. (France); 8.5% for interest on arrears, annually 1% p.m. (Germany); set by Government, official rate legal rate for income tax and 0.8% (repo rate) + 1% for higher income per month for VAT (Belgium); due to changes to tax assessment 0.73% per month, 8.76% per year (Norway); (Greece); Legal interest rate + 25% (Spain, 8.5% p.a., same rate for private recently 4-5%); parties (Norway); annual repo rate + 14 percentage default interest 5.535% = general points (Czech Republic); interest rate on debt to the state, reference rate 7%, 7.5% from 2014 compensation interest 4% for late on (Finland); payment on account or tax legal annual rate, 1% for 2014 per withholding (Portugal) year, 4% in case of tax assessment 3% (Switzerland, UK); based on automatic clearance: 4%, 16.8% p.a. (Turkey); 5.14% for amounts of taxpayer roll (Italy); statutory rate, individuals: min. 4%; corporate: statutory rate for commercial transactions, min. 8%

9 (Netherlands) basic lombard rate x 2 + 2% (Poland); federal short term rate + 3%, +5% for large corporations (US) Interest on overpayment/refunds 2% above base rate (Austria); Repo rate + 14 percentage points (Czech Republic); reference Rate -2%,min. 0.5% (Finland); basic lombard rate x 2 + 2% (Poland); legal interest rate (Spain) federal short term rate + 3 %, + 2% for corporations (US); 0.4% p.m. (France); 0,5% p.m. (Germany); 2% (Italy); compensation interest 4% (Portugal)