Select Committee on European Scrutiny Twenty-Fifth Report


3 VALUE ADDED TAX

(19251)
9741/98
COM(98) 377
Draft Directive amending Directive 77/388/EEC as regards the rules
governing the right to deduct Value Added Tax; and draft Regulation on
verification measures, measures relating to the refund system and
administrative co-operation measures necessary for the application of the
proposed Directive.


Legal baseArticle 99 EC; consultation; unanimity
DepartmentHM Customs and Excise
Basis of consideration Minister's letter of 30 May 2003
Previous Committee Report HC 34-xxii (1998-99), paragraph 3 (16 June 1999)
To be discussed in Council None planned
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested


Background

  3.1  In June 1999 our predecessors considered this Commission proposal for closer harmonisation of the VAT rules on the right to deduct input tax, relating to the recovery of VAT incurred in another Member State and to expenditure not eligible for full deduction. They were concerned about the effect on the UK's input tax blocking rules, and about the relationship between this limited proposal and the Commission's broader ambitions for a new common VAT system.[14] They concluded:

    "Whilst we thank the Minister for letting us see the outcome of consultations in the UK, we are not clear how far they may affect the Government's approach to these proposals, in terms of either handling (for example, whether the two proposals could be considered separately) or substance. Nor do we know whether discussions of the proposal since our Report last year[15] have provided any of the clarifications the Government sought. We invite the Minister to provide us with an update of the Government's views on these proposals, taking account of the consultations and any discussions with other Member States, and on the prospects for progress on them in the next Presidency."

The Minister's letter

  3.2  The Paymaster General (Dawn Primarolo) writes now to tell us that there was until last summer little negotiation on this proposal. She says that harmonisation in relation to input tax blocking rules has not progressed and it is now recognised that Member States will continue with their existing practices. This means the UK's input tax blocks would be safeguarded. As for the proposed new cross-border deduction mechanism, the Minister says that this remains problematical for many Member States, including the UK. She says that the Council agreed last month that work on the dossier should be suspended pending completion of other elements of the modernisation of the VAT system.


Conclusion

  3.3  We are grateful to the Minister for her update on this document and note that the proposals are effectively suspended.

  3.4  However, although we recognise there has been very little activity on this matter and the issue may now be dead, our predecessors clearly expected a response to their specific questions. We should like the Minister to let us know what the answers are to those questions, in so far as they remain relevant.

  3.5  We continue to hold the document under scrutiny.



14   See headnote. Back

15   See (19251) 9741/98: HC 155-xxxvi (1997-98), paragraph 3 (29 July 1998). Back


 
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