Value Added Tax Administration

Report ID: 25

This material provides information on the course and results of parallel audit performed by the Supreme Audit Office, Czech Republic and the Supreme Audit Office of the Slovak Republic which was concerned with the area of administration of value added tax and use of the VIES (Value Added Tax Information Exchange System).

In May 2004, the Czech Republic and the Slovak Republic acceded to the European Union and, consequently, income from the value added tax affects not only the State budgets of the two countries, but also the budget of the European Union as a whole. The parallel audit was concerned particularly with the procedure of tax administrators in relation to a review of the value added tax paid within commercial transactions between the individual member countries of the European Union.

Introduction of the VIES system enabled electronic exchange of information on registration of VAT payers in the individual member countries of the European Union and on commercial transactions performed by the VAT payers. Variance between information in the VIES and information stated in a value added tax return submitted by a taxpayer should alert the tax administrator to any suspicious cases and facilitate detection of tax evasions or frauds.

Excise Duty Administration

Report ID: 27

The joint report presents information about the course and result of international cooperation in parallel audits performed by the Supreme Audit Office, the Czech Republic, and the Supreme Audit Office of the Slovak Republic, focused on excise duty administration after the accession of both countries into the European Union.

The cooperation was performed pursuant to the Agreement on Audit Cooperation signed in February 2006.

Parallel audits were chosen with respect to radical changes in the excise duty collection system as a result of the accession of the Czech and Slovak Republic into the EU internal market as of 1 May 2004. The functioning of the EU internal market requires free movement of goods, including excisable goods. The basic principle is to enable circulation of tax-free goods up to the date of their presentation for end use. The new legislation adopted in both countries enables movement of goods under tax supervision under the duty suspension arrangement in accordance with the aforementioned principle. The system imposes high requirements on tax authorities and anticipates mutual cooperation of particular administrative authorities of the Member States in the fight against tax fraud.

The cooperation between the SAO, CR and the SAO SR enabled comparison of legislation governing the field of excise duties in both countries, procedures of the Czech and Slovak Customs Authorities at the start and end of the movement of goods under the duty-suspension arrangement between both countries, registration of movements and also comparison of information exchanged between Customs Authorities under international cooperation.

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.

On Administration of Corporate Income Tax

Report ID: 95

The objective of the audit is to gain assurance that institution subordinated to the Minister for Finance – the State Revenue Service provides administration of Enterprise Income Tax relief in accordance with the regulatory enactments in force: a) to verify if control over justified application of Enterprise Income Tax relief is provided and organized; b) to verify if tax amounts forgone the State budget as a result of application of tax relief specified by legal enactments, are accounted and reported. Also to verify if the Ministry of Finance provides development and implementation of tax policy regarding Enterprise Income Tax relief and if tax relief efficiency and benefit to the public is assessed.

A number of discrepancies were disclosed in the activity of the Ministry of Finance, providing development and implementation of tax policy, and in the activity of the State Revenue Service, providing administration of Enterprise Income Tax relief.

On Administration of Reduced Rates of Value Added Tax

Report ID: 96

The objective of the audit is to gain assurance that the State Revenue Service provides administration of reduced VAT rates: a) to verify if control over justified application of reduced VAT rates is provided and organized; b) to verify if revenue from reduced VAT rates is accounted and if forgone tax revenue, resulting from application of reduced rate, which could possibly be received if full VAT rate had been applied, is calculated.

To clarify if the Ministry of Finance provides development and implementation of tax policy regarding reduced VAT rates and if reduced tax rate’s efficiency and benefit to the public is assessed.

A number of discrepancies were disclosed in the activity of the Ministry of Finance, providing development and implementation and of tax policy, and in the activity of the State Revenue Service, providing administration of reduced VAT rate.

Discrepancies were detected in the internal control system of the State Revenue Service, providing administration of reduced VAT rates and VAT 12% compensations paid to agricultural produce manufacturers.