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Document 22023D2475
Decision No 4/2023 of the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part of 19 October 2023 on standard forms for the communication of information and statistical data, the transmission of information via the Common Communication Network and the practical arrangements for the organisation of contacts between central liaison offices and liaison departments [2023/2475]
Decision No 4/2023 of the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part of 19 October 2023 on standard forms for the communication of information and statistical data, the transmission of information via the Common Communication Network and the practical arrangements for the organisation of contacts between central liaison offices and liaison departments [2023/2475]
Decision No 4/2023 of the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part of 19 October 2023 on standard forms for the communication of information and statistical data, the transmission of information via the Common Communication Network and the practical arrangements for the organisation of contacts between central liaison offices and liaison departments [2023/2475]
PUB/2023/1604
OJ L, 2023/2475, 9.11.2023, ELI: http://data.europa.eu/eli/dec/2023/2475/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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Official Journal |
EN Series L |
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2023/2475 |
9.11.2023 |
DECISION No 4/2023 OF THE TRADE SPECIALISED COMMITTEE ON ADMINISTRATIVE COOPERATION IN VAT AND RECOVERY OF TAXES AND DUTIES ESTABLISHED BY THE TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART
of 19 October 2023
on standard forms for the communication of information and statistical data, the transmission of information via the Common Communication Network and the practical arrangements for the organisation of contacts between central liaison offices and liaison departments [2023/2475]
THE TRADE SPECIALISED COMMITTEE,
Having regard to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, (1) (‘the Trade and Cooperation Agreement’) and in particular its Protocol on administrative cooperation and combating fraud in the field of value added tax and on mutual assistance for recovery of claims (‘the Protocol’), and in particular points (d), (e), (f), (h) and (i) of Article PVAT.39(2) thereof,
Whereas:
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Administrative cooperation under the Protocol involves mutual exchange of information and statistical data. |
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Tools for the communication of information, such as standard forms and electronic communication systems, are already implemented within the framework of Council Regulation (EU) No 904/2010 (2) and Council Directive 2010/24/EU (3) and only require minor amendments in order to serve for administrative cooperation and recovery assistance under the Protocol. |
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It is necessary to adopt practical arrangements for the implementation of points (d), (e), (f), (h) and (i) of Article PVAT.39(2) of the Protocol, |
HAS ADOPTED THIS DECISION:
Article 1
Standard forms for communication
1. For the communication of requests, information and feedback under Title II of the Protocol, the competent authorities shall make use of the standard forms attached in Annex I to this Decision.
2. For the communication of requests and further communication with regard to requests under Title III of the Protocol, the uniform notification form and the uniform instrument permitting enforcement in the State of the requested authority or the revised uniform instrument permitting enforcement in the State of the requested authority, the competent authorities shall make use of the standard forms attached in Annex II to this Decision.
3. The structure and layout of the standard forms may be adapted to any new requirements and capabilities of the communication and information exchange systems, provided that the data and information contained therein are not substantially altered.
Article 2
Transmission of information via CCN
All information communicated pursuant to Titles II and III of the Protocol shall be transmitted only by electronic means via the Common Communication Network (CCN), unless this is impracticable for technical reasons.
Article 3
Organisation of contacts
1. Until further notice, the central liaison offices having the principal responsibility for the application of Title II of the Protocol are:
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for the United Kindom: His Majesty’s Revenue and Customs, UK VAT Central Liaison Office; |
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for the Member States: the central liaison offices designated for administrative cooperation between the Member States in the area of VAT. |
2. Until further notice, the central liaison offices having the principal responsibility for the application of Title III of the Protocol are:
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for the United Kingdom: His Majesty’s Revenue and Customs, Debt Management; |
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for the Member States: the central liaison offices designated for recovery assistance between the Member States. |
3. The Parties shall exchange any changes with regard to the central liaison offices via the Secretariat of the Trade Specialised Committee.
4. The central liaison offices designated pursuant to Article PVAT.4(2) of the Protocol shall keep the list of liaison departments and competent officials designated pursuant to Article PVAT.4(3) and (4) up to date. The Parties shall exchange the lists and the updates via the Secretariat of the Trade Specialised Committee.
Article 4
Content and format of the statistical data
1. The content and the format of the statistical data on the application of Title II to be communicated in accordance with Article PVAT.18 of the Protocol are defined in the standard form in Annex III to this Decision.
2. The content and the format of the statistical data on the application of Title III to be communicated in accordance with Article PVAT.37 of the Protocol are defined in the standard form in Annex IV to this Decision.
Article 5
This Decision shall enter into force on the date of its adoption.
Done at London, 19 October 2023.
For the Trade Specialised Committee
The Co-chairs
Mariana HRISTCHEVA
Rachel NIXON
(1) OJ L 149, 30.04.2021, p. 10.
(2) Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax (OJ L 268, 12.10.2010, p. 1).
(3) Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures (OJ L 84, 31.3.2010, p. 1).
Annex I
Standard forms for the communication of requests, information and feedback under Title II [Administrative cooperation and combating VAT fraud]
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Standard form for requests for information, for spontaneous exchange of information and for feedback between EU Member States and the United Kingdom under the Protocol on administrative cooperation and combating fraud in the area of VAT |
Exchange of information reference:
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A1 |
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Requesting State: |
Requested State: |
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Requesting authority: |
Requested authority: |
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A2 |
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Official dealing with the request/exchange in the requesting authority: |
Official dealing with the reply to the request/exchange in the requested authority: |
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Name: |
Name: |
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Email: |
Email: |
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Telephone: |
Telephone: |
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Language: |
Language: |
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A3 |
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Requesting authority national reference: |
Requested authority national reference: |
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Space reserved for the requesting authority: |
Space reserved for the requested authority: |
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A4 |
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Date of transmission of the request/exchange: |
Date of transmission of the reply: |
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A5 |
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No of attachments to the request/exchange: |
No of attachments to the reply: |
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A6 |
A7 |
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Reason for delay: |
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Pursuant to Article PVAT.6(4) of the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties, the State providing the information shall, on the basis of a reasoned request, permit the use of the information received for purposes other than those referred to in Article PVAT.2(1) of that Protocol. |
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Requesting authority |
Requested authority |
Requested authority (1) |
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— I confirm — I do not confirm |
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VAT number: |
VAT number: |
VAT number: |
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Tax identification number: |
Tax identification number: |
Tax identification number: |
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— I confirm — I do not confirm |
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Name: |
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— I confirm — I do not confirm |
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Trading name: |
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— I confirm — I do not confirm |
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Address: |
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— I confirm — I do not confirm |
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— I confirm — I do not confirm |
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Date of commencement of activity |
Date of commencement of activity |
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— I confirm — I do not confirm |
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Date of cessation of activity |
Date of cessation of activity |
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— I confirm — I do not confirm |
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— I confirm — I do not confirm |
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— I confirm — I do not confirm |
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Nature of the transaction
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Nature of the transaction
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— I confirm — I do not confirm |
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Period and amount to which the request/exchange relates B12 Supply of goods from one country to another |
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From |
Period |
Period |
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Amount |
Amount |
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Sources:
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From |
Period |
Period |
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To |
Amount |
Amount |
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Sources:
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Registration |
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Transactions of goods/services |
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Goods
Please investigate and explain. |
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Addresses: |
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Name and/or VAT identification number of the taxable person in the requested State. |
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Prior/onward movement of the goods
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Services
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Addresses: |
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Name and/or VAT identification number of the taxable person in the requested State. |
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Transport of goods
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Name and/or VAT identification number and address: |
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Name and/or VAT identification number and address: |
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Name and/or VAT identification number and address: |
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Invoices
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Payment
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From: Name of the account holder: IBAN number or account number: Bank: To: Name of the account holder: IBAN number or account number: Bank: |
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Placing of an order
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Goods covered by special schemes/particular procedures Please tick the appropriate box and enter your question in box C40
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Services covered by particular provisions Please tick the appropriate box and enter your question in box C40
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Please provide copies of the following documents (where applicable see amount and period in part B12 and B13) |
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Requesting authority |
Requested authority |
Requested authority (3) |
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— I confirm — I do not confirm |
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VAT number: |
VAT number: |
VAT number: |
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Tax identification number: |
Tax identification number: |
Tax identification number: |
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— I confirm — I do not confirm |
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Name: |
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— I confirm — I do not confirm |
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Address: |
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— I confirm — I do not confirm |
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— Yes — No |
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— Yes — No |
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— Yes — No |
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— Yes — No |
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Sending authority |
Receiving authority |
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Identification of the business
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Identification of the business
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VAT number: |
VAT number: |
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Tax identification number: |
Tax identification number: |
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Any additional comments |
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Results related to the information provided: |
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Type of tax: |
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Additional assessment: |
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Penalty: |
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Date of transmission: |
REQUEST FOR NOTIFICATION (Article PVAT. 12
Reference:
N_SS_RR _ 20YYMMDD-000000-000000
Language:
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Requested State: |
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Applicant authority: |
Requested authority: |
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Official dealing with the exchange in the requested authority: |
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Name: |
Name: |
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Email: |
Email: |
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Telephone: |
Telephone: |
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Fax: |
Fax: |
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Requested authority reference: |
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Space reserved for the applicant authority: |
Space reserved for the requested authority: |
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Date of transmission of the reply: |
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Requester official capacity: |
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The undersigned (#1) acting as the agent duly authorised by the applicant authority indicated above, hereby request notification, pursuant to Article PVAT.12 of the Protocol on administrative cooperation and combating fraud in the field of value added tax and on mutual assistance for recovery of claims, of the following instrument/decision:
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Information relating to the person to be notified |
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First name: Family name: Maiden name: Date and place of birth: Date: Place: Country: Address: Street: |
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Building identifier: |
Suite identifier: |
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City: |
Post code: |
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Country: E-mail: |
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Information relating to the instrument (or decision) |
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Nature and subject of the instrument (or decision) to be notified: Final date for notification: Other information: |
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Outcome of the notification
CERTIFICATE (Article PVAT.12 of the Protocol)
Reference:
N_SS_RR _ 20YYMMDD-000000-000000
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Requested State: |
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Applicant authority: |
Requested authority: |
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Official dealing with the exchange in the requested authority: |
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Name: |
Name: |
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Email: |
Email: |
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Telephone: |
Telephone: |
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Fax: |
Fax: |
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Requested authority reference: |
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Space reserved for the applicant authority: |
Space reserved for the requested authority: |
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Date of transmission of the reply: |
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(1) In this third column, the requested authority either fills in the information requested by the requesting authority (box ‘please fill in’ ticked in the second column) or confirms the veracity of the information provided by the requesting authority (box ‘please confirm’ ticked and information provided in the second column).
(2) Actual principal activity means the real main activity carried out by the business (as opposed to another possibly declared one).
(3) In this third column, the requested authority either fills in the information requested by the requesting authority (box ‘please fill in’ ticked in the second column) or confirms the veracity of the information provided by the requesting authority (box ‘please confirm’ ticked and information provided in the second column).
(4) This is any business with common directors or other legal, economic or financial links with the business referred to in Heading A.
(5) To be provided by the competent authority receiving the information.
Annex II
Standard forms for the communication of requests and further communication with regard to requests under Title III [Recovery Assistance]
Model A
Uniform notification form providing information about notified document(s)
(to be transmitted to the addressee of the notification) (1)
This document accompanies document(s) hereby notified by the competent authority of the following State: [name of requested State].
This notification concerns documents of the competent authorities of the following State: [name of applicant State], which asked for notification assistance, in accordance with Article PVAT.23 of the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties (‘the Protocol’) between the European Union and the United Kingdom.
Note: in accordance with paragraph 4 of Article PVAT.38 of the Protocol, this document may also relate to other claims than the claims referred to in point (b) of paragraph 1 of Article PVAT.2 of the Protocol, if such recovery assistance is possible under other bilateral or multilateral legally binding instruments on administrative cooperation between this EU Member State and the United Kingdom.
A. ADDRESSEE OF THE NOTIFICATION
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Name |
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Address (known or assumed) |
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Other data relevant to the identification of the addressee |
B. PURPOSE OF THE NOTIFICATION
This notification is intended:
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to inform the addressee about the document(s) to which this document is attached. |
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to interrupt the period of limitation with regard to the claim(s) mentioned in the notified document(s). |
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to confirm to the addressee his/her obligation to pay the amounts mentioned under point D. |
Please note that in case of non-payment, the authorities may take enforcement and/or precautionary measures to ensure the recovery of the claim(s). This may cause extra costs charged to the addressee.
You are the addressee of this notification, as you are considered to be:
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the principal debtor |
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a co-debtor |
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a person other than the (co-)debtor, liable for settlement of the taxes, duties and other measures, or for other claims relating to these taxes, duties and other measures, under the laws in force in the applicant State |
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a person other than the (co-)debtor, holding assets belonging to, or having debts towards, the (co-)debtor or to any other person liable |
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a third party which may become affected by enforcement measures concerning other persons |
(The following information will appear if the addressee of the notification is a person other than the (co-)debtor, holding assets belonging to, or having debts towards, the (co-)debtor or to any other person liable, or a third party which may become affected by enforcement measures concerning other persons:
The notified documents concern claims relating to taxes and duties, for which the following person(s) is (are) liable as
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the principal debtor: [name and address (known or assumed)] |
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a co-debtor: [name and address (known or assumed)] |
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a person other than the (co-)debtor, liable for settlement of the taxes, duties and other measures, or for other claims relating to these taxes, duties and other measures, under the laws in force in the applicant State: [name and address (known or assumed)]). |
The applicant authority of the applicant State [name of the applicant State] invited the competent authorities of the requested State [name of the requested State] to make this notification before [date]. Please note that this date is not specifically related to any period of limitation.
C. OFFICE(S) RESPONSIBLE FOR THE NOTIFIED DOCUMENT(S)
Office responsible with regard to the attached document(s):
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Name: |
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Address: |
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Other contact details: |
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Language(s) in which this office can be contacted: |
Further information about ☐ the notified document(s) ☐ and/or the possibility of contesting the obligations can be obtained
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at the abovementioned office responsible with regard to the attached document(s), and/or |
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from the following office:
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D. DESCRIPTION OF THE NOTIFIED DOCUMENT(S)
Document [number]
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Reference number: |
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Date of establishment: |
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Nature of the notified document:
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Name of the claim(s) concerned (in the language of the applicant State): |
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Nature of the claim(s) concerned:
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Amount of the claim(s) concerned:
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The amount mentioned under point [x] should be paid:
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This payment should be made to:
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Reference to be used for the payment: |
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The addressee can reply to the document(s) that is (are) hereby notified.
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Name and address of the authority to whom a reply can be sent: |
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Possibility of contesting:
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Name and address of the authority where a contestation has to be submitted: Please note that disputes concerning the claim, the instrument permitting enforcement or any other document originating from the authorities of the applicant State [name of applicant State], fall within the competence of the competent bodies of the applicant State [name of applicant State], in accordance with Article PVAT.29 of the Protocol. Any such dispute is governed by the procedural and language rules applying in the applicant State [name of applicant State].
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Other information: |
Model B
Uniform instrument permitting enforcement of claims covered by Article PVAT.27 of the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties between the European Union and the United Kingdom (2)
☐ UNIFORM INSTRUMENT PERMITTING ENFORCEMENT OF CLAIMS
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Date of issue: |
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Reference number: |
☐ REVISED UNIFORM INSTRUMENT PERMITTING ENFORCEMENT OF CLAIMS
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Date of issue of the original uniform instrument: |
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Date of revision: |
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Reason for the revision:
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Reference number: |
State where this document is issued: [name of applicant State]
Each EU Member State or the United Kingdom can request recovery assistance from the United Kingdom or an EU Member State respectively for unpaid claims referred to in the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties (‘the Protocol’) between the European Union and the United Kingdom.
Recovery measures taken by the requested State are based on:
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☐ |
a uniform instrument permitting enforcement, in accordance with Article PVAT.27 of the above Protocol. |
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☐ |
a revised uniform instrument permitting enforcement, in accordance with Article PVAT.30 of the above Protocol (to take account of the decision of the competent body referred to in Article PVAT.29(1) of that Protocol). |
This document is the uniform instrument permitting enforcement (including precautionary measures). It concerns the claim(s) mentioned below, which remain(s) unpaid in the applicant State [name of applicant State]. The initial instrument for the enforcement of this/these claim(s) has been notified in so far as required under the national law of the applicant State [name of applicant State].
Disputes concerning the claim(s) fall exclusively within the competence of the competent bodies of the applicant State [name of applicant State], in accordance with Article PVAT.29 of the Protocol. Any such action shall be brought before them in accordance with the procedural and language rules in force in the applicant State [name of applicant State].
The addressee of a request for recovery or precautionary measures may not rely on the notification or communication of the uniform instrument permitting enforcement in the requested State to claim a prolongation or a re-opening of the time period to contest the claim or the initial instrument permitting enforcement if that has been validly notified.
DESCRIPTION OF THE CLAIM(S) AND THE PERSON(S) CONCERNED
Identification of the claim(s) [number]
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1. |
Reference: |
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2. |
Nature of the claim(s) concerned:
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3. |
Name of the tax/duty concerned: |
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4. |
Period or date concerned: |
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5. |
Date of establishment of the claim: |
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6. |
Date on which enforcement becomes possible: |
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7. |
Amount of the claim still due:
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8. |
Date of notification of the initial instrument permitting enforcement in the applicant State: [name of the applicant State]:
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9. |
Office responsible for the assessment of the claim:
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10. |
Further information concerning the claim or the possibilities for contesting the payment obligation can be obtained from:
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Identification of the person(s) concerned in the national instrument(s) permitting enforcement
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(a) |
The following person is mentioned in the national instrument(s) permitting enforcement
Cause of liability:
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(b) |
the following person(s) is (are) also mentioned in the national instrument(s) permitting enforcement:
Cause of liability:
Other information |
Overall total amount of the claim(s)
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— |
in the currency of the applicant State: |
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— |
in the currency of the requested State:
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Model form C – request for information
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REQUEST FOR INFORMATION Based on Article PVAT.20 of the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties (‘the Protocol’) between the European Union and the United Kingdom Reference: AA_RA_aaaaaaaaaaa_rrrrrrrrrrrr_20YYMMDD_xxxxxxx_RI |
Nature of the claim(s):
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☐a) |
customs duties |
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☐b) |
value added tax |
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☐c) |
excise duties |
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☐d) |
tax on income or capital |
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☐e) |
tax on insurance premiums |
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☐f) |
inheritance and gift taxes |
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☐g) |
national taxes and duties on immovable property, other than the above-mentioned ones |
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☐h) |
national taxes and duties on the use or ownership of means of transport |
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☐i) |
other taxes and duties levied by or on behalf of the applicant State |
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☐j) |
taxes and duties levied by or on behalf of territorial or administrative subdivisions of the applicant State, excluding taxes and duties levied by local authorities |
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☐k) |
taxes and duties levied by or on behalf of local authorities |
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☐l) |
other tax-based claim |
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☐m) |
refunds, interventions and other measures forming part of the system of total or partial financing of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), including sums to be collected in connection with these actions, and levies and other duties provided for under the common organisation of the market for the sugar sector |
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☐This request includes claims which are more than 5 years old, dating from the due date of the claims to the date of the initial request for assistance (for contested claims or instruments permitting enforcement: from the moment at which the claim or the instrument permitting enforcement may no longer be contested). For this (these) claim(s), the request is based on the following circumstances: ☐This request is connected to another request of 20YY/MM/DD, which was processed by the requested authority under reference number: [optional] ☐Other: ☐A similar request is sent to the following competent authority(ies) within the State of the requested authority: ☐A similar request is sent to the following competent authority(ies) within the following State(s):
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Date |
Nr |
Message |
Applicant authority |
Requested authority |
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1 ☐ |
I, requested authority, acknowledge receipt of the request. |
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date
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2 ☐ |
I, requested authority, invite the applicant authority to complete the request with the following additional information: |
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date |
3 ☐ |
I, requested authority, have not yet received the additional information required and will close your request if I do not receive this information before 20YY/MM/DD. |
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date |
4 |
I, applicant authority, |
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a |
provide on request the following additional information: |
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b |
am not able to provide the requested additional information (because:) |
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date |
5 ☐ |
I, requested authority, acknowledge receipt of the additional information and am now in a position to proceed. |
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date |
6 |
I, requested authority, do not provide assistance and close the case because: |
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a |
I do not have competence for any of the claims to which the request relates. |
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b |
the claim is older than foreseen in the Protocol. |
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c |
I am not able to obtain this information for the purpose of recovering similar national claims. |
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d |
this would disclose a commercial, industrial or professional secret. |
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e |
the disclosure of this information would be liable to prejudice the security or be contrary to the public policy of the State. |
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f |
the applicant authority did not provide all the required additional information |
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g |
other reason: |
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7 ☐ |
I, applicant authority, ask to be informed about the present status of my request. |
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date |
8 |
I, requested authority, cannot provide the information now because:
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9 |
The requested information cannot be obtained because: |
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a |
the person concerned is not known. |
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b |
insufficient data for identification of person concerned. |
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c |
the person concerned has moved away, address unknown. |
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d |
the requested information is not available. |
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e |
other reason: |
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date |
10 ☐ |
I, requested authority, transmit the following part of the requested information: |
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11 |
I, requested authority, transmit all (or the final part of) the requested information: |
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a |
Identity confirmed |
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b |
Address confirmed |
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c |
The following data about the identity of the person concerned have changed (or are added): |
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For natural persons: |
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For legal entities: |
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d |
The following address data have changed (or are added): |
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e |
Financial situation: |
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Bank account number (IBAN): … |
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Bank identification code (BIC): … |
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Name of the bank: … |
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Name: |
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Street and no: |
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Details of address: |
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Postcode and town: |
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Country: |
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f |
Debt disputed |
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☐ |
g |
Debtor deceased on YYYY/MM/DD |
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h |
Name and address of heirs/will executor: |
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☐ |
i |
Other comments: |
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☐ |
j |
I recommend proceeding with recovery procedures |
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☐ |
k |
I recommend not proceeding with recovery procedures |
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date |
12 ☐ |
I, applicant authority, withdraw my request for information. |
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date |
13 ☐ |
Other: comment from ☐ applicant authority or ☐ requested authority: |
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Model form D – request for notification
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REQUEST FOR NOTIFICATION Based on Article PVAT.23 of the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties (‘the Protocol’) between the European Union and the United Kingdom Reference: AA_RA_aaaaaaaaaaa_rrrrrrrrrrrr_20YYMMDD_xxxxxxx_RN |
Nature of the claim(s):
|
☐a) |
customs duties |
|
☐b) |
value added tax |
|
☐c) |
excise duties |
|
☐d) |
tax on income or capital |
|
☐e) |
tax on insurance premiums |
|
☐f) |
inheritance and gift taxes |
|
☐g) |
national taxes and duties on immovable property, other than the above-mentioned ones |
|
☐h) |
national taxes and duties on the use or ownership of means of transport |
|
☐i) |
other taxes and duties levied by or on behalf of the applicant State |
|
☐j) |
taxes and duties levied by or on behalf of territorial or administrative subdivisions of the applicant State, excluding taxes and duties levied by local authorities |
|
☐k) |
taxes and duties levied by or on behalf of local authorities |
|
☐l) |
other tax-based claim |
|
☐m) |
refunds, interventions and other measures forming part of the system of total or partial financing of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), including sums to be collected in connection with these actions, and levies and other duties provided for under the common organisation of the market for the sugar sector |
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☐This request includes claims which are more than 5 years old, dating from the due date of the claims to the date of the initial request for assistance (for contested claims or instruments permitting enforcement: from the moment at which the claim or the instrument permitting enforcement may no longer be contested). For this (these) claim(s), the request is based on the following circumstances:
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5 |
PURPOSE OF THE NOTIFICATION, as to be communicated to the addressee. |
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A |
This notification is intended:
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B |
The addressee of the notification is considered to be:
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C |
[The following should appear if one of the 2 checkboxes just above is selected] The notified documents concern claims relating to taxes or duties, for which the following person(s) is (are) liable as:
or for other claims relating to these taxes, duties and other measures under the laws in force in the applicant State
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6 |
DESCRIPTION OF THE NOTIFIED DOCUMENT(S), as to be communicated to the addressee. THIS BOX CAN BE MULTIPLIED |
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A |
Reference Number: … Date of establishment: 20YYMMDD |
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B |
Nature of the notified document:
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C |
Name of the claim concerned: (in language of the applicant State): |
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D |
Nature of the claim concerned:
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E |
Amount of the claim concerned, in the currency of [Name of applicant State]:
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F |
The amount mentioned under point E should be paid:
This payment should be made to:
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G |
The addressee can reply to the document(s) that is (are) notified.
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H |
Possibility of contesting:
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I |
Office responsible with regard to the attached document(s):
Further information about:
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J |
[FREE TEXT BOX] |
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Date |
Nr |
Message |
Applicant authority |
Requested authority |
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date |
1 ☐ |
I, requested authority, acknowledge receipt of the request. |
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|
date |
2 ☐ |
I, requested authority, invite the applicant authority to complete the request with the following additional information: |
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date |
3 ☐ |
I, requested authority, have not yet received the additional information required and will close your request if I do not receive this information before 20YY/MM/DD. |
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date |
4 |
I, applicant authority, |
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☐ |
a |
provide on request the following additional information: |
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☐ |
b |
I am not able to provide the requested additional information (because: ) |
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date |
5 ☐ |
I, requested authority, acknowledge receipt of the additional information and am now in a position to proceed. |
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|
date |
6 ☐ ☐ ☐ ☐ |
I, requested authority, do not provide assistance and close the case because: |
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|
a |
I do not have competence for any of the taxes to which the request relates. |
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b |
the claim(s) is/are older than foreseen in the Protocol. |
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c |
the applicant authority did not provide all the required additional information |
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|
d |
Other reason: |
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date |
7 ☐ |
I, applicant authority, ask to be informed about the present status of my request. |
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date |
8 |
I, requested authority, certify: |
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☐ |
a |
that the document(s) has (have) been notified to the addressee, with legal effect according to the national legislation of the State of the requested authority, on 20YY/MM/DD. |
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The notification was made in the following manner: |
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☐ |
b |
that the above-mentioned document(s) could not be notified to the person concerned for the following reasons: |
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date |
9 ☐ |
I, applicant authority, withdraw my request for notification. |
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date |
10 ☐ |
Other: comment from ☐ applicant authority or ☐ requested authority |
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Model form E – request for recovery or precautionary measures
|
REQUEST FOR ☐ RECOVERY MEASURES Based on Article PVAT.25 of the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties (‘the Protocol’) between the European Union and the United Kingdom AND/OR ☐ PRECAUTIONARY MEASURES Based on Article PVAT.31 of the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties between the European Union and the United Kingdom Reference: AA_RA_aaaaaaaaaaa_rrrrrrrrrrrr_20YYMMDD_xxxxxxx_RR(RP) |
Nature of the claim(s):
|
☐a) |
customs duties |
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☐b) |
value added tax |
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☐c) |
excise duties |
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☐d) |
tax on income or capital |
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☐e) |
tax on insurance premiums |
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☐f) |
inheritance and gift taxes |
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☐g) |
national taxes and duties on immovable property, other than the above-mentioned ones |
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☐h) |
national taxes and duties on the use or ownership of means of transport |
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☐i) |
other taxes and duties levied by or on behalf of the applicant State |
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☐j) |
taxes and duties levied by or on behalf of territorial or administrative subdivisions of the applicant State, excluding taxes and duties levied by local authorities |
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☐k) |
taxes and duties levied by or on behalf of local authorities |
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☐l) |
other tax-based claim |
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☐m) |
refunds, interventions and other measures forming part of the system of total or partial financing of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), including sums to be collected in connection with these actions, and levies and other duties provided for under the common organisation of the market for the sugar sector |
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For this (these) claim(s), the request is based on the following circumstances:
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A |
Recovery/precautionary measures are requested with regard to:
other information concerning this person:
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B |
Other relevant information concerning this request and/or person |
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1 ☐ |
The following person(s) is (are) co-debtor(s): [It should be possible to add more than 1 name of such persons]
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2 ☐ |
The following person(s) is (are) holding assets belonging to the person concerned by this request: [It should be possible to add more than 1 name of such persons]
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3 ☐ |
The following person(s) is (are) having debts towards the person concerned by this request: [It should be possible to add more than 1 name of such persons]
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4 ☐ |
There (is) are (an)other person(s) than the person concerned by this request, who (is) are liable for settlement of the taxes, duties and other measures, or for other claims relating to these taxes, duties and other measures under the laws of the applicant State. [It should be possible to add more than 1 name of such persons]
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This box can be multiplied. |
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A |
The claim(s) mentioned below are to be considered as:
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B |
Currency of the Country where this document is issued: Currency of the Country where recovery actions will be taken: Exchange rate used: |
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C |
Identification of the claim |
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1 |
Reference: |
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2 |
Nature of the claim:
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3 |
Name of the tax/duty concerned: |
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4 |
Period or date concerned:
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5 |
Date of establishment of the claim: |
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6 |
Date on which enforcement becomes possible: |
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7 |
Last day of the limitation period: [will not be copied into the printed version of the UIPE] |
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8 |
Amount of the claim still due: --- amounts in the currency of the AS --- amounts in the currency of the RS --- initially due [optional] --- still due
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9 |
Date of notification of the initial instrument permitting enforcement in [name of the applicant State]: (or: No information available) |
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10 |
Further information concerning the claim or the possibilities for contesting the payment obligation can be obtained from:
|
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11 |
Identification of the persons concerned in the national instrument(s) permitting enforcement and in the UIPE(s): |
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a |
The UIPE should mention the person to whom this request relates (see box 5A). Cause of liability:
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b |
(This box can be multiplied) The following other person(s) should also be mentioned:
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Cause of liability:
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D |
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E |
Overall total amount of the claims:
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F |
[Free text box] |
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Applicant authority |
Requested authority |
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date |
1 ☐ |
I, requested authority, acknowledge receipt of the request. |
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date
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2 ☐ |
I, requested authority, invite the applicant authority to complete the request with the following additional information: |
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date |
3 ☐ |
I, requested authority, have not yet received the additional information required and will close your request if I do not receive this information before 20YY/MM/DD. |
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date |
4 |
I, applicant authority, |
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☐ |
a |
provide on request the following additional information: |
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☐ |
b |
am not able to provide the requested additional information (because: ) |
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date |
5 ☐ |
I, requested authority, acknowledge receipt of the additional information and am now in a position to proceed. |
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date |
6 |
I, requested authority, do not provide assistance and close the case because: |
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☐ |
a |
I do not have competence for the claims to which your request relates. |
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☐ |
b |
I do not have competence for the following claim(s) of your request: |
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☐ |
c |
the claim(s) is/are older than foreseen in the Protocol. |
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☐ |
d |
the total amount is less than the threshold foreseen in the Protocol. |
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☐ |
e |
the applicant authority did not provide all the required additional information. |
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☐ |
f |
Other reason: |
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date |
7 ☐ |
I, applicant authority, ask to be informed about the present status of my request. |
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date |
8 |
I, requested authority, will not take the requested action(s), for the following reasons: |
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☐ |
a |
my national legislation and practice does not allow recovery measures for claims that are contested. |
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☐ |
b |
my national legislation and practice does not allow precautionary measures for claims that are contested. |
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9 |
I, requested authority, have conducted the following procedures for recovery and/or precautionary measures: |
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date |
☐ |
a |
I established contact with the debtor and requested payment on 20YY/MM/DD. |
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date |
☐ |
b |
I am negotiating payment by instalment. |
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date |
☐ |
c |
I have commenced enforcement procedures on 20YY/MM/DD. |
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The following actions have been taken: |
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☐ |
d |
I have commenced precautionary measures on 20YY/MM/DD. |
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The following actions have been taken: |
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☐ |
e |
I, requested authority, inform the applicant authority that the measures which I have taken (described under point c and/or d above) have the following effect on the period of limitation: |
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I ask the applicant State to inform me if the same effect is not provided for under the laws in force in the applicant State. |
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☐ |
f |
I, requested authority, inform the applicant authority that suspension, interruption or prolongation of the period of limitation is not possible under the laws of the requested State. |
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|
I ask the applicant State to confirm whether the measures which I have taken (described under point c and/or d above) have interrupted, suspended or prolonged the time limit for recovery and, if so, what the new time limit is. |
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|
date |
10 ☐ |
Procedures are still going on. I, requested authority, will inform applicant authority when changes occur. |
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date |
11 ☐ |
a |
I, applicant authority, confirm that: as a result of the action mentioned under point 9, the time limit has been changed. The new time limit is: … |
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☐ |
b |
My national laws do not provide for the suspension, interruption or prolongation of the period of limitation. |
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12 |
I, requested authority, inform the applicant authority that: |
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date |
☐ |
a |
the claim has been fully recovered on 20YY/MM/DD |
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date |
☐ |
b |
the claim has been partly recovered on 20YY/MM/DD, |
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date |
☐ |
c |
precautionary measures have been taken. |
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(The requested authority is invited to indicate the nature of these measures:) |
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date |
☐ |
d |
the following payment by instalment has been agreed: |
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|
date |
13 |
I, requested authority, confirm that all or part of the claim could not be recovered/ precautionary measures will not be taken, and the case will be closed because: |
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|
☐ |
a |
The person concerned is not known. |
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☐ |
b |
The person concerned is known, but moved to: |
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☐ |
c |
The person concerned is known, but moved to an unknown address. |
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☐ |
d |
The person concerned is deceased on YYYY/MM/DD. |
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☐ |
e |
Debtor/co-debtor is insolvent. |
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☐ |
f |
Debtor/co-debtor is bankrupt and the claim has been lodged. Date of order: … --- Date of release: … |
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☐ |
g |
Debtor/co-debtor is bankrupt / no recovery possible |
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h |
Others: |
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|
date |
14 ☐ |
I, applicant authority, confirm that the case is closed. |
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|
date |
15 ☐ |
I, requested authority, inform the applicant authority that I have received notification that an action has been launched contesting the claim or the instrument permitting its enforcement and will suspend enforcement procedures. Further, |
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|
☐ ☐ ☐ |
a |
I have taken precautionary measures to ensure recovery of the claim on …. |
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|
b |
I ask the applicant authority to inform me whether I should recover the claim. |
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|
c |
I inform the applicant authority that the laws, regulations and administrative practices in force in the State in which I am situated do not permit (continued) recovery of the claim as long as it is contested. |
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|
date |
16 |
I, applicant authority, having been informed that an action has been launched contesting the claim or the instrument permitting its enforcement, |
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☐ |
a |
ask the requested authority to suspend any action which it has undertaken. |
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|
☐ |
b |
ask the requested authority to take precautionary measures to ensure recovery of the claim. |
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|
☐ |
c |
ask the requested authority to (continue to) recover the claim. |
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|
date |
17 ☐ |
I, requested authority, inform the applicant authority that the laws, regulations and administrative practices in force in the State in which I am situated do not permit the action requested:
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date |
18 |
I, applicant authority, |
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|
☐ |
a |
amend the request for recovery/precautionary measures
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|
☐ |
b |
ask the requested authority to resume enforcement procedures since the contestation was not favourable to the debtor (decision of the body competent in this matter of …). |
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|
date |
19 |
I, applicant authority, withdraw this request for recovery/precautionary measures because: |
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|
☐ |
a |
the amount was paid directly to the applicant authority. |
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|
☐ |
b |
the time limit for recovery action has elapsed. |
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|
☐ |
c |
the claim(s) has (have) been annulled by a national court or by an administrative body. |
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|
☐ |
d |
the instrument permitting enforcement has been annulled. |
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|
☐ |
e |
other reason: … |
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|
date |
20 ☐ |
Other: comment from ☐ applicant authority or ☐ requested authority (Please start each comment by indicating the date) |
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(1) The elements in italics are optional.
(2) The elements in italics are optional.
ANNEX III
Statistical data on the application of Title II [Administrative cooperation and combating VAT fraud]
Model for the communication of statistical data from the states as referred to in Art. PVAT. 18 of the Protocol on administrative cooperation and combating fraud in the field of value added tax and on mutual assistance for recovery of claims relating to taxes and duties between EU and UK ( ‘the Protocol’)
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State: |
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Year: |
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Part A: Statistics per state:
|
|
Art. PVAT. 7 - 8 of the Protocol |
Art. PVAT.10 of the Protocol |
Art. PVAT.16 of the Protocol |
Art. PVAT.12 of the Protocol |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
|
|
Requests for information received |
Requests for information sent |
Late & outstanding replies |
Replies received within 1 month |
Notifications under Art. PVAT.8 (3) Prot. |
Spontaneous information received |
Spontaneous information sent |
Incoming requests for feedback |
Feedback sent |
Outgoing requests for feedback |
Feedback received |
Requests for administrative notification received |
Requests for administrative notification sent |
|
|
AT |
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BE |
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BG |
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CY |
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CZ |
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DE |
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DK |
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EE |
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|
EL |
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|
ES |
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FI |
|
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FR |
|
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|
|
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|
|
GB |
|
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|
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HR |
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HU |
|
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IE |
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IT |
|
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LT |
|
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|
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|
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|
|
LU |
|
|
|
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|
|
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|
|
|
|
|
|
LV |
|
|
|
|
|
|
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|
|
|
|
|
|
|
MT |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
NL |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PL |
|
|
|
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|
|
|
|
|
|
|
|
|
|
PT |
|
|
|
|
|
|
|
|
|
|
|
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|
|
RO |
|
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|
|
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|
SE |
|
|
|
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|
|
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SI |
|
|
|
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|
|
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|
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|
|
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|
SK |
|
|
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XI |
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|
|
|
|
XU |
|
|
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|
|
|
|
|
|
|
|
|
|
|
Total |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Part B: Other global statistics:
|
|
Statistics on traders |
|
|
14 (*1) |
Number of traders that have declared intra-Community acquisitions during the calendar year |
|
|
15 (*1) |
Number of traders that have declared intra-Community supplies of goods and/or services during the calendar year |
|
|
Statistics on controls and enquiries |
||
|
16 |
Number of times Art. PVAT.13 of the Protocol (Presence in administrative offices and participation in administrative enquiries in other states) have been used |
|
|
17 |
Number of simultaneous controls which the State has initiated (Art. PVAT.14 of the Protocol ) |
|
|
18 |
Number of simultaneous controls in which the State has participated (Art. PVAT.14 of the Protocol) |
|
|
Statistics on automatic exchange of information without request (Recast Commission Regulation 79/2012) |
||
|
19 (*1) |
Quantity of VAT identification numbers allocated to taxable persons who are not established in your State (Art. 3(1) of Regulation (EU) N 79/2012) |
|
|
20 (*1) |
Volume of information on new means of transport (Art. 3(2) of Regulation (EU) N 79/2012) forwarded to other States |
|
|
Optional boxes (Free text) |
||
|
21 |
Any other (automatic) exchange of information not covered in the previous boxes. |
|
|
22 |
Benefits and/or results of administrative cooperation. |
|
(*1) Points 14, 15, 19 and 20 are not relevant to the Protocol with the United Kingdom of Great Britain and Northern Ireland.
ANNEX IV
Model standard forms for the communication of the statistics on the use of mutual recovery assistance
|
Mutual recovery assistance on the basis of the Protocol on administrative cooperation in the field of VAT and mutual recovery assistance in the year: … reported by: [name of the reporting State] |
|
|||||||||||
|
State |
Requests for information |
Requests for notification |
Requests for precautionary measures |
Requests for recovery |
||||||||
|
Requests received from: |
Requests sent to: |
|||||||||||
|
|
Number received from: |
Number sent to: |
Number received from: |
Number sent to: |
Number received from: |
Number sent to: |
Number |
Amount of the claims involved |
Number |
Amount of the claims involved |
||
|
BE-België/Belgique BG-България (Bulgaria) CZ-Česká Republika DK-Danmark DE-Deutschland IE-Ireland EE-Eesti EL-Eλλάδα (Ellas) ES-España FR-France HR-Hrvatska IT-Italia CY-Kύπρος (Kypros) LV-Latvija LT-Lietuva LU-Luxembourg HU-Magyarország MT-Malta NL-Nederland AT-Österreich PL-Polska PT-Portugal RO-România SI-Slovenija SK-Slovensko FI-Suomi/Finland SE-Sverige UK-United Kingdom |
|
|
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|
|
|
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|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
|
|
|
|
(1) effectively recovered (no amounts for which precautionary measures have been taken or deferred payment has been agreed)
(2) these amounts also include any debt, for which mutual assistance has been requested, paid directly by the debtor to the applicant State
(3) in € for reporting by EU Member States; in £ for reporting by the United Kingdom.
ELI: http://data.europa.eu/eli/dec/2023/2475/oj
ISSN 1977-0677 (electronic edition)