Krytyka Prawa. Niezależne studia nad prawem

Use of the Input Tax Deduction Mechanism in the VAT System for the Purpose of “Tax Carousel” Fraud

Mudrecki, Artur

Akademia Leona Koźmińskiego

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Abstract

The article discusses the phenomenon of "tax carousels" in the tax on goods and services, which is a specific abusive practice and is used for VAT refund scam purposes. A discussion on the jurisprudential doctrine of the abuse of law and good faith as offered by the Court of Justice of the European Union is followed by an analysis of the judicial decisions (case-law) issued in this area, which proves that taxable persons involved in value-added tax fraud practice have no right to a tax deduction. Meanwhile, those taxable persons who have fallen victim to tax fraud practices may quote the good faith doctrine and exercise the right to a tax deduction. The judicial decisions of the Court of Justice of the European Union have had a significant impact on the judicial decisions issued by administrative courts in Poland. The Supreme Administrative Court (SAC) tries to define the notion of a "tax carousel" in its decisions, as the notion is quite broad.

Metadata

Journal Krytyka Prawa. Niezależne studia nad prawem 
Volume 10 
Issue 3 
Issue date 2018 
Type Article 
Language en
Pagination 278-291
DOI 10.7206/kp.2080-1084.242
ISSN 2080-1084
eISSN 2450-7938