15,000 VAT cases in court in past 3 years
The courts have heard over 15,000 VAT-related cases in the past three years, official figures show.
From the beginning of this year, 1,196 people who owe the VAT department over €50 have accumulated a collective bill of more than €11 million, according to figures tabled in Parliament.
Another 1,095 owe the department between €1 and €50 adding up to a total of €17,477.
Last year, a record 6,500 cases were prosecuted under the VAT Act, compared with 4,336 in 2007. In the first nine months this year, 4,420 cases have been heard in connection with VAT breaches.
The VAT department only resorts to the courts if an individual has consistently ignored reminders, a finance ministry spokesman said. Court cases can still be avoided, however, if the client settles his dues with the department.
The department may also take civil action through the use of judicial letters, garnishee orders and warrants of seizures. Between 2007 and 2009, over 9,700 notices were issued over late payments.
Just last month, a European Commission study revealed that Malta lost a potential €305 million in VAT proceeds between 2000 and 2008. Malta could have collected €2.48 billion in VAT but managed to collect €2.18 billion, the study said.
The VAT department hit the headlines for the wrong reasons earlier this year after a police investigation exposed an extensive web of fraud which involved employees, people acting as go-betweens and businessmen.
Last Friday, the Appeals' Court overturned the Attorney General's request to convert seven suspended sentences to a jail term and confirmed the sentences handed down to one VAT employee, one middleman and five businessmen.
Although the suspended sentences had caused controversy, Chief Justice Vincent DeGaetano said the courts were not there to satisfy public outcries.
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Rocco Cauchi
Nov 15th 2009, 10:20
This article brings to a head several important legal issues mostly on the equal applicability of the law and plea bargaining. There have been various piteous instances of guilt and consequent fines imposed by our courts in VAT cases which make us think hard about the treatment given to VAT vis-a-vis the more humane treatment given to income tax offences introduced in 1948 where no imprisonment or court proceedings apply. Hard to think that all this might be related to that "wonderful" Europe which was pushed down our throats in 2004 and now sucks a good percentage from our VAT returns! And is plea bargaining officially allowed in Malta? If not, we need a special law to define how exactly and when could plea bargaining be made, by whom, at what stage and in which cases. Otherwise the law is not equal for all but only for those who can move around backstage and know their ropes.
As to bloggers, this is the only way how one can think aloud in an institutional system which circumnavigates free speech and nudges humble citizens into perpetual silence. Other than for revenge, the "outcry" should have been for equality of treatment for all!
Anthony Caruana
Nov 15th 2009, 09:46
i dont see here where the vat department are wrong ???
so they are loseing money thats a good one they fine people add intrest on top of dont tell anybody and they are loseing moeny thats a good one i must say
i think they should send some one in there that know what they are doing then people would be better off as well as the system would work ??
even now after all this time they still dont tell people the diffrent between a tax invoce and a fiscail
sorry about the spelling mistakes