Administration of the Value Added Tax

Report ID: 35

Objective of audit:

(CZ) The objective of the audit in the Czech Republic was to review the procedure used by financial authorities in administrating value added tax following integration of the Czech Republic into the common internal market of the European Community (hereinafter “EC”), connected with free movement of goods and services, and to review the use of the VIES1, particularly monitoring the exercise of the right to exempt intra-Community deliveries from value added tax.

(D) The objective of the audit was to review the system of intra-Community VAT control with a special focus on administrative cooperation in the field of VAT according to the above mentioned regulations. As a result of this, weaknesses should be reported and recommendations be developed to address the problems stated.

The audits were performed by the Supreme Audit Office, Czech Republic (hereinafter the “SAO”) and by the German Bundesrechnungshof (hereinafter “BRH”) in mutual cooperation on the basis of an agreement concluded between the two audit institutions on June 8, 2006. The cooperation primarily concerned the review of selected commercial transactions between taxpayers from the Czech Republic (hereinafter “CR”) and from the Federal Republic of Germany (hereinafter “Germany”), use of information obtained via international cooperation between tax administrations and comparison of the VAT administration systems in the two countries.

Based on an agreement between the two SAI the parallel audit on the administration of VAT in the CR and Germany was carried out. Besides the main point – exchange of information based on the Council Regulation (EC) No 1798/2003 and the Commission Regulation (EC) No 1925/2004 – the audit covered other topics as for instance the registration of taxpayers, VAT returns and recapitulative statements that are closely linked with it. Additionally, the legal situation in terms of international bus transportation of passengers and the comparison of certain statistical data were part of the audit.

By comparing the systems of administration of VAT in the two countries differences were found in the following areas:

1. Registration for VAT
2. International bus transportation of passengers
3. VAT returns
4. Recapitulative statements
5. International exchange of information in the area of VAT
6. Risk management

As part of cooperation, the two SAI reviewed selected cases of intra-Community transactions processed by tax entities in theCR and Germany. Thirty-one cases of business transactions were reviewed jointly using the legal provisions of the CLO, where there were doubts about their realization, their proper treatment or suspicion of VAT fraud. The SAI found that:

• In some cases, tax offi ces made use of the information obtained via international exchange and have reassessed taxpayer’s VAT liability. In those cases, taxpayers either unlawfully applied the right for exemption of supplies from VAT, or did not declare acquisition of goods in their VAT return.
• In some cases, tax offices could not make use of the information obtained, because the information was incomplete or incomprehensible. In other cases, the information could not be used because of differing legal provisions in both Member States.
• In some cases, the tax administration of another Member State refused to reply to a request for information.
• Some cases were detected, where taxpayers wrongly declared business transactions in their recapitulative statements. As a result of this, data in VIES were erroneous and therefore the tax administrators had to review those cases.

Joint Report: Programmes/measures aimed at increasing the employment of disabled persons

Report ID: 37

Problems connected with the issue of the programs supporting employment of disabled people was the subject of discussion at the VII the EUROSAI Congress in 2008 in Krakow. It inspired the handling of this theme within the parallel audit coordinated by the NIK. It was participated by 12 SAI1. The Common Position on Cooperation was signed at the meeting in Warszawa held on 15. January 2010 and the framework program to be taken into account by all SAI in their audit research was agreed upon.

This audit aimed to assess the performance of selected programs/measures to promote employment of disabled people. The particular SAI had to take into account the specific conditions of their country resulting from the legal definition of disability, a different role of central and local authorities in the support system, different authorization of SAI in the scope of audit and the significance assigned to the programs. However, the challenges faced by the participating SAI were common for most of them. Among others, these were: complexity of the methodology of the implementation of the programs, the difficulty in assessing the attainment of the set objectives and lack of data availability.

Coordinated audit of the funds earmarked for the funding of projects implemented within the Operational Programme Cross-Border Cooperation the Czech Republic and Poland

Report ID: 40

Both audits carried out by the NKU on the Czech side and by the NIK on the Polish side of the border have shown that the level of identified irregularities did not exceed the materiality threshold. The implementation of the OP CBC CZ-PL, including the management and control system performance and the realization of selected projects, was successful.

Actions taken by the audited entities established within the management and control system, limited the risk of improper expenditure of funds, as well as the possibility of failure to utilize the available ERDF funds. What indicates the effectiveness of the operations carried out within the Operational Program is a high level of achievement of the results, which was also confirmed by the social evaluation of projects´ completion.

Joint report on parallel audit of Procurement of public building and corruption prevention

Report ID: 41

In January 2011, the Supreme Audit Office of the Czech Republic (Czech SAI - NKÚ) and the Bundesrechnungshof of Germany (German SAI - BRH) agreed to conduct parallel audits both of the EU-wide awarding of building contracts and of corruption prevention.

The audit focused on the application of EU procurement law as transposed into national law and corruption prevention of contracts for building construction and road construction and/or transport infrastructure. The audit also covered contract awards below the EU thresholds with a view to corruption prevention.

The working groups of the two SAIs compared the legal frameworks and administrative regulations in the Czech Republic and in Germany and the results of their parallel audits which they conducted specifically in the fields of building construction and road construction.

The two SAIs´ audit findings are summarised in the joint report.

SOURCE: https://www.nku.cz/en/publications-ocuments/other-publications/procurement-of-public-building-and-corruption-prevention---joint-report-on-parallel-audit-nku-and-brh-id6067/

Joint final report on findings concerning the implementation of provisions of the convention on the protection of the marine environment of the Baltic Sea area (the Helsinki Convention) 2001

Report ID: 42

In  2000, the SAIs of  Denmark, Estonia, Finland, Latvia, Lithuania, Poland, the Russian Federation and Sweden decided to carry out a parallel audit to assess the implementation of the provisions of the Helsinki Convention of 1992, previously encompassed by the 1974 Convention, related to the protection of the Baltic Sea against land-originating pollution.

The participating SAIs prepared a common Audit Programme signed in Stockholm in May 2000.

The audits were undertaken on the initiative of the Supreme Chamber of Control of the Republic of Poland, with consideration of the INTOSAI and EUROSAI guidelines on initiating and conducting international and regional audits of the implementation of tasks arising from provisions of international agreements related to environment protection.

In particular the SAIs examined:

• Whether national legislation takes into account the provisions of the Helsinki Convention related to the protection of the Baltic Sea against pollution,
• Whether control procedures and measures are in place in this respect,
• The use of public funds for the implementation of tasks related to the protection of the Baltic Sea waters,
• Audit of the non-point sources of pollution, mainly from agriculture,
• Audit of land-based point pollution sources, regarding mainly urban zones and municipal wastewater treatment plants.

The audits scope covered the period between 1996 and 1999. The audit was carried out during the second half of 2000 and the first quarter of 2001. The audit findings were presented in the second quarter of 2001 in the form of national reports. Summaries of these reports served as a basis for preparation of this Joint Final Report.