91999E0279

WRITTEN QUESTION E-0279/99

by Riccardo Nencini (PSE) to the Commission

(17 February 1999)

Subject: Administrative penalties in matters relating to taxation

Legislative Decree No 472/97 lays down provisions governing administrative penalties in matters relating to taxation.

Some of these provisions stipulate that a natural person can be held liable for the payment of penalties incurred for violations connected with the activity of a legal person.

Under the new system of penalties in force since 1 April 1998, penalties are imposed on a natural person involved in committing a tax violation regardless of the fact that he may have been acting in his capacity as an administrator or company employee.

The principle that administrators and/or employees should be held liable in such matters is not applied in any other EU Member State.

Will the Commission examine whether this procedure is in compliance with the European legislation in force in this area?

Answer given by Mr Monti on behalf of the Commission

(1 April 1999)

Owing to the lack of Community-level harmonisation of tax penalties, Member States are free to lay down the arrangements for imposing such penalties on taxpayers, provided that the general principles enshrined in the EC Treaty, and in particular the principle of non-discrimination, are complied with.

Since Articles 5 and 11 of Legislative Decree No 472/97 of 18 December 1997 do not seem to contain any discriminatory measures, they may, under Community law, make provision for tax penalties to be imposed on the administrators or employees of legal persons by virtue of the activities in which they engage on behalf of the legal person concerned.

The Commission has no plans to present a proposal for harmonising tax penalties within the Community.