What are the European fiscal priorities for the next 6 months and how is Romania positioning itself towards the European plan? Cover Image
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Care sunt prioritățile fiscale europene pentru următoarele 6 luni și cum se poziționează România față de planul european?
What are the European fiscal priorities for the next 6 months and how is Romania positioning itself towards the European plan?

Author(s): Cosmin Preda, Delia Cataramă, Bogdan Costea
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Editura Solomon
Keywords: fiscal priorities; European plan; taxpayer;

Summary/Abstract: While working in the tax consulting field, we noticed how frequently tax authorities „take refuge” in procedures and bureaucracy. This approach also existed in the past and continues to the present day although, at the level of the case law set forth by the Court of Justice of the European Union (CJEU), an extraordinary amount of information has been accumulated, which also emphasizes how specialists from European institutions interpret the VAT legislation. Thus, in case C-835/18 Terracult SRL, the team of lawyers led by Ms. Ioana Kocsis Josan, with the support of the Viboal FindEx team, received a confirmation from the CJEU regarding the difficulty that tax authorities have in assessing a tax payers’ good faith. Also the CJEU showed that the purpose of said authorities is respecting „procedure”, even when there are sufficient elements proving that it is against the principles applicable at the level of the European Union. Within this article, we will provide a brief presentation of case C-835/18 and the way in which the Attorney General of the CJEU built his argumentation for this specific case. We consider that this argumentation presents an eloquent and also useful example both for taxpayers and tax authorities on how we should apply taxation law. Finally, we would like to remind the sole request of the taxpayer: to see a partner in the tax authorities and to have his good faith acknowledged, when it is proven!

  • Issue Year: 2020
  • Issue No: 4
  • Page Range: 285-287
  • Page Count: 7
  • Language: Romanian