Examples of using Recapitulative statements in English and their translations into Greek
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Recapitulative statements(INTRASTAT).
Such obligations concerning recapitulative statements must be regarded as being formal.
This applies also to the intra-Community supplies declared on'recapitulative statements'.
Submitting recapitulative statements more frequently leads to extra costs for businesses, both one-off and recurring.
It uses IT tools to automatically compare customs data with data in the relevant VAT recapitulative statements.
In addition, the Member State receiving the recapitulative statements must inform the sender within two working days if VAT numbers are incorrect.
In contrast, it is irrelevant that this number is no longer valid on the date of submitting the recapitulative statements.
Economic operators have to provide recapitulative statements of all their intra-Community supplies of goods to customers holding a VAT identification number.
Where differing deadlines apply for submitting VAT returns and recapitulative statements, extra controls are needed.
RECOMMENDATION 6 The Commission should make a proposal to amend the VAT Directive in order to identify separately the intra-Community supplies following imports under this procedure in the traders' VAT recapitulative statements.
The issue of imposing reporting obligations for recapitulative statements on intra-Community acquisitions has been discussed in several Fiscalis seminars and project groups.
Although some Member States already collect suchdata from their traders, only the input in VIES of recapitulative statements on supplies is currently mandatory.
It is apparent from the order for reference that the initial recapitulative statements for the period from October to December 2012 were complete but that they were submitted late, on 8 February 2013.
However the Commission has not been able to avoid the situation found by the Court in Denmark whereby traders are still lodging VAT recapitulative statements quarterly in 2011.
Only in a letter of 10 April 2013 did Firma Hans Bühler correct those recapitulative statements by stating that the reported transactions formed part of triangular transactions.
The City of Graz Tax Office also considered that Firma Hans Bühler had not fulfilled its obligations for the months of February and March 2013,since the VAT identification number of that company was no longer valid on the date of submission of the recapitulative statements concerning the transactions carried out during that period.
Examples are the initiative of the Commission to reduce the timeframes for the production of recapitulative statements of intra-Community supplies or the suggestion to provide more information about traders in VIES.
As regards recapitulative statements submitted late, the principle of fiscal neutrality requires that Article 42 of the VAT Directive may be applied if the substantive conditions set out in Article 42(a) of the VAT Directive are met, even if the formal condition referred to in Article 42(b) of the VAT Directive has not been met in good time.
However, the Commission will reconsider the issue of cross-checks between customs declarations and recapitulative statements in the light of the recommendations to be made by the Fiscalis 2020 project group.
This reduced the timeframes for submitting recapitulative statements; Council Directive 2009/69/EU of 25 June 2009 amending Directive 2006/112/EC on the common system of value added tax as regards tax evasion linked to imports.
However, in Germany, the results of the audit showed that even though the VAT legislation aligns with the VAT directive,traders are still submitting quarterly or annual recapitulative statements despite exceeding the 50 000 euro threshold for compulsory monthly recapitulative statements. .
The Council, at the initiative of the Commission,has reduced the reporting period of the recapitulative statements and the time limit for exchanging information thereof between Member States. As a result, since the beginning of 2010, recapitulative statements should be submitted monthly11 and a deadline of one month for their exchange between Member States12 has been set.
Cases of non-compliance with VAT exemption conditions, e.g. use of invalid VAT ID. Nos and other substantive requirements, such as the correctness of the VAT taxable amount orthe submission of complete, correct and timely recapitulative statements, were found in all Member States visited(see paragraphs 27 to 35, 39 and 40).
The implementation of the VAT directive concerning the period of submission of recapitulative statements is not uniform among Member States, thus increasing the administrative burden on traders operating in more than one Member State(see paragraphs 73 to 75).
However, both reduction of timeframes and other quality of data projects need discussion in SCAC before work can start. With regard to the issue of delays in collecting and capturing the data,discussions with Member States are ongoing, in order to speed up the periods for submitting the VAT recapitulative statements to 1 month and to speed up the transmission of the data to other Member States to also 1 month.
A report(1) by the Polish Supreme Chamber of Control drew attention to the fact that the availability of recapitulative statements on intra-Community acquisitions significantly improves the possibility for checks and facilitates the detection of attempted fraud.
On 8 February 2013, Firma Hans Bühler submitted to the Austrian tax authorities recapitulative statements for the period from October 2012 to January 2013 in which it gave its Austrian VAT identification number, as well as the Czech VAT identification number of the final customer.
The tax authorities of the supplying Member State are obliged to enter the information from the recapitulative statements in the VIES database, making this data available to the tax authorities in the Member State of destination.
Cross-checking customs with VAT data is crucial 114 The audit showed that cross-checks between imports under CP 42 and VAT recapitulative statements is not possible because customs authorities do not send this data to tax authorities and traders are not obliged to report separately the intra-Community supplies following these imports in the VAT recapitulative statements. .
In any event, a Member State cannot, without going beyond what is strictly necessary to ensure proper collection of the tax,provide for the possibility of rectifying recapitulative statements relating to triangular transactions while depriving that rectification of effect by refusing to the intermediary contractor the retroactive application of Article 42 of the VAT Directive, where that contractor provides proof that the substantive conditions have been met.