Case against Paul Borg Olivier withdrawn
Paul Borg Olivier
The case against PN general secretary Paul Borg Olivier by the VAT Department over Dr Borg Olivier’s failure to file a VAT return covering June to August 2006 has been withdrawn as he has now regularised himself.
Dr Borg Olivier was due to appear in court this morning in front of Magistrate Doreen Clarke.
But VAT Department officials said when his name was called that they were withdrawing the case as Dr Borg Olivier has regularised his position.
Dr Borg Olivier said last month that his failure to file the return had been an “oversight” and that he had genuinely thought it had been submitted.
He had regularised his position before he was elected to his post, he said.
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lydia workman
Oct 16th 2010, 19:31
It is preposterous to conclude that Paul would jeopardize his position over such a matter. Let any one of the critics on here who has NEVER forgotten a deadline for something, raise his or her hand. Kemm ahna lesti biex nikonkludu in negativ!
m. borg (slm)
Oct 16th 2010, 19:58
In above article it is reported that PBO regularized his position prior to becoming Gen. Secretary of gonziPN that is before June 2008 why did the VAT take the case to court.
Someone is not telling the truth.
manuel vella
Oct 16th 2010, 16:07
I was in court yesteerday for a sitting opposite the hall where the vat sitting is heard. There were some 200 cases with 103 withdrawn. Why all teh big deal on PBO....The people prosecugted and judged him before the courts did. Thank God we are two huindred years away from the French Revolution...I read in a wbsite yesterday that in 2009 some 1800 cases were withdrawn by the VAT department and in 2010, to date, some 1000 cases withrawn. PBO is one of 3000 similar cases withdraw. This is a bubble bursting in the face of who really instigated the issue. Mudslinging for a purpose.
H Zammit
Oct 15th 2010, 23:18
I agree with Dr Joe Brincat. I don't know why the fuss if PBO (and I'm no fan of him) regularised his position good for all, at least it shows that under the PN everyone is subject to the law. In addition I must say that employees have little to worry about filing forms and payments except in June each year. Self employed on the other hand have to remember to submit their quarterly VAT, provisional tax, social security and so on ... It is therefore no big deal that a person can miss a particular deadline. I think this was a storm in a cup. We have more serious things to worry about on this island.
W Mallia
Oct 16th 2010, 12:20
I totally agree that it is a storm in a tea cup. A lot of comments are being posted here as if this was a case of 2 weights and 2 measures, whereas who is really experienced in this kind of thing, know that this is not the case. I encourage those people who are always ready to throw the the stone at the first sign of possible wrongdoing, to take some time off, and go to court and watch a VAT Sitting. As soon as the Magistrate walks in the prosecuting party (the VAT department) will call quite a list of names who would have regularized their position, and hence the case is dropped.
What frustrates me the most is that the article does not clearly explain what the term regularised means. To regularise oneself with the VAT department one would have to:
1) Submit the VAT Return;
2) Settle any VAT due;
3) Pay ALL fines and Interest to the date of filing.
So let's cut this once and for all. At least in this case it WAS LA LEGGE E UGUALE PER TUTTI.
simon cutajar
Oct 15th 2010, 16:30
Jekk jigi xi hadd ihabbat wara il- bieb lejliet l-elezjoni , jien lest li najdlu " insejt il- kulur tieghek , SORRY !
J Brincat
Oct 15th 2010, 13:43
People in key positions are looked upon as role models and are expected to lead or have led an exemplary life.
Certainly this is not great news for the honest citizens who always pay their taxes WHEN THEY FALL DUE, even if it means, in some cases, making a huge sacrifice and giving up certain small luxuries.
PBO should have taken the only honourable way out i.e. resign, if not for his own honour at least that of the Party.
Ken Zammit
Oct 15th 2010, 10:32
partit taz zufjett !!!! prosit Gonzi ghandek il vera biex tiftahhar. POSSIBBLI it was an oversight PBO???? I don't think so!!!!! nisma bil fors imma nemmen jekk irrid!!!!!
Charles Philip Zammit
Oct 14th 2010, 23:54
if any who was is and will be in pbo shoes can regularise matters with vat dept all well and good but if this is a preferencial treatment then this is called its who you are.
R.Borg
Oct 14th 2010, 20:34
Kulhadd huwa l-istess quddiem il-ligi.
Sewwa ghamel id-dipartiment li tella' lil PBO quddiem il-Qorti.
Issa nittama li ttella':
aktar avukati, aktar nutara, aktar tobba, aktar periti, aktar ghalliema li jaghtu l-privat, aktar kjosks li jbieghu ikel u xorb, aktar electricians, aktar 'plasterers' - jew bla vat jew xejn, etc., etc., etc.
X'ma jkunx hawn hafna flus fl-idejn!
m. borg (slm)
Oct 14th 2010, 19:49
If PBO regularized his position why wait till the case against him came to court to withdraw it, this shows that the VAT office wasted court time that could have been used to hear another case.
The court should fine both PBO and those handling the case for the VAT office for wasting its time at tax payers money.
The fact that the VAT office had to take PBO's case to court only shows that either PBO ignored previous warnings or the VAT office abused its authority.
Which is which, both points don't earn gonziPN any points.
Carmel Cilia
Oct 14th 2010, 19:24
I do not submit VAT returns but I do submit my income tax return on time. This year I deposited my completed form on 11th June and just received an acknowledgement yesterday that is over four months later. First of all hows that i for efficiency. Secondly in this acknowledgement I was threatened that If by mistake I gave some wrong detail my submission would be deemed as having not been not deposited at all and penalties would actually follow. Hows that to being nice to taxpayers who have always been fair and square. May I modestly add that back in 1997 I overpaid my income tax by 600 Malta pounds. Do you know when I received a refund : in febuary this year. Yes a full 13 years later.
Hows that to honesty and fair dealings. S--t that what government's departments have become.
Dr Joe Brincat
Oct 14th 2010, 19:05
Why all this fuss. There is only one truth. In such VAT cases, when a tax payer takes steps to be perfectly in order, the prosecution always withdraws the case. No special favour to PBO. Only last week I did it for a foreign resident in Malta, and I had to go with him to the bank to bring a bank draft to settle. Once the prosecution was satisfied that the law was complied with, the case was withdrawn. This is standard procedure, applicable to Tom,Dick and Harry.
Malcolm Mifsud
Oct 14th 2010, 18:27
Il-forka ghall-izvinturat qeghda, u PBO zvinturat m'huwiex.
beppe galea
Oct 14th 2010, 17:38
mux bix nidefendi lil pbo, possibli qatt hadd ma nesa kont bix ihalsu imbghad ghax nigu darna mal hajt jew ghax jibghtulna final warning insibu mitt skuz jew ma ircevejtux jew hekk jew qattetuli it tifla jew kont imsifer/a veru ghawn min ma ghadux x'jaghmel ta jew kulhadd infallibli
A. Borg
Oct 14th 2010, 20:48
Le,mhux kullhadd jinsa, anke l-accountant tieghi darba nesa miskin. Id-differenza hija li l-kumpanija giet immultata 100 euro minhabba f'hekk! Mind you, tnaqqsu mis-salarju tal-accountant halli darb'ohra ma jinsiex! Kieku kien l-accountant ta PBO ma kien jehel xejn u jiehu is-salarju shih lejn id-dar!
R.Lewis
Oct 14th 2010, 21:00
Sur Beppe Galea. Biex tkun taf mal Ligi, insejt, ma nafx, u l-affarijiet ohra li semmejt int dawn kollha ghal Ligi mhux accettabli. U hadd ma qal li hadt ma jfalli kontijiet, anzi hawn eluf li jinsew pero id differenza hi li ic cittadin iz zghir jkollu jhallas il multi u l imghax, dik hi il verita. Jekk tahseb li ghax tibghat formula tal VAT tard biss titla il Qorti, mhux il kaz, jrid ikun hemm affarijiet ohra.
Charles Sammut NY USA
Oct 14th 2010, 16:54
It is nice to see that Paul became regularized. Constipation is nothing to sneeze at and having regular bowel movements must be wonderful for him. Of course the Law in Malta was and always will be a jackass. If I were an attorney in Malta my slogan would be as follows..you want to get REGULARISED? Call me ASAP.
Raymond Sammut
Oct 14th 2010, 17:09
But he is regularized --that's the main thing. Paul the Regularized.
R.Lewis
Oct 14th 2010, 16:51
I used to send in VAT return forms as much as Dr. PBO and once because it was received late by a couple of days (not my fault ) I was fined. The Vat Dept will invoice you for the fine accordingly, and if not paid interests at 1% per month will apply. If the fine together with interests (if any) were settled he would not have been taken to Court. So probably Dr. PBO must have ignored the statements issued monthly by the Vat Dept and not because of an oversight on the vat return.
Raymond Sammut
Oct 14th 2010, 17:02
But he was not "taken to Court". That's the point. He may have "ignored" the notices, but the onus was always on him to regularize, which in the end he did. It is not being said here how much he had to pay up in order to regularize like everyone else.
Noel Cutajar
Oct 14th 2010, 16:15
Two ways and two measures...a pensioner who had been so for the last 10 years had not submitted a VAT return because he thought that he was not bound to as he was a pensioner and was no longer issuing VAT receipts. He was summoned in Court and was never asked to regularize his position before the Court case. He was sentenced to pay 700 Euro as a fine was given some time to pay the VAT which was owned, mainly fines for not submitting the VAT return...so it all depends who you are!! Names and dates can be submitted if case may be.
David Muscat
Oct 14th 2010, 15:07
Ahseb u ara jekk jergghu jitilaw kemm ha jaghmlu li jridu!!!!! Min ghandu widnejn ha jisma.
john micallef
Oct 14th 2010, 14:38
PN: Precednti Nazzjonalisti!!
Issa ta lanqas kull min jghamel bhalu jkollom ituh l-istess tratament.
Jien fuq 55Eur eco tax batuli il- tal RSC wara l-bieb werwruli familja!!!
Il- Poplu ghadu qed jistenna il-
Tonio Fenech Jirezenja habba s-seftura inkella PN: bhal ma ktibt hawn fuq!!
Geoffrey Mifsud Farrugia
Oct 14th 2010, 14:11
Together with Dr Borg Olivier, there was a 4 page list of people arraigned today in court for failing to file the Vat return.
Dr Borg Olivier was in fact just one of a few hundred people coming from all walks of life whose case was withdrawn by the prosecution this morning since they regularised their position. This is standard procedure since the birth of VAT in Malta - once a person regularises his position with the Vat Department, the case is withdrawn.
People here are mistaking failing to file a VAT return, with failing to give vat receipts to customers or clients. These are 2 separate matters, in the first case once the VAT return is filed the case is closed, in the second case there is never a withdrawal and if found guilty of not issuing a VAT receipt, the person is fined.
George Cremona
Oct 14th 2010, 13:46
This case which from the beginning seemed to be a genuine one was splashed into the media for no reason other than to fill space and air time and to raise public curiosity. In a few words to be SENSTATIONAL as all the media has been trying to be during these past two years.
WHAT A PITY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
c.cefai
Oct 14th 2010, 13:32
Oversight? My foot; it is just two weights two measures, as can be seen by all those
who were penilised for not paying on time.
l fenech
Oct 14th 2010, 13:28
Jien nahseb li l-anqas GonziPN ma sab oggezzjoni ghal-din il-mossa.
Raymond Sammut
Oct 14th 2010, 13:14
It is only being said here that the case has been withdrawn. That is, he did not need to appear in front of the Magistrate. We do not know, maybe nor it is our business to know, how many euros he was required to pay in order to regularize himself.
jcamilleri
Oct 14th 2010, 13:05
Power to all our friends ... can't wait to vote for them again !
Mario Farrugia
Oct 14th 2010, 12:50
Shameful disgrace!
Is it just today that the VAT department realised that PBO had "regularised his position." ???
What about countless others who had "regularised" their position and, yet, were still fined?? Maybe Lawrence Gonzi can enlighten us???
To think that I once had believed all the hogwash which the PN had rammed down our throats about transparency, justice, fairness, etc. etc.
Come election time.... that smirk will vanish from their faces.
JOSEPH BELLOTTI
Oct 14th 2010, 12:29
haq kullhatt bxortih jien wehilt 80 euros ta darba ta mhux bhal dan !!!
George Cutajar
Oct 14th 2010, 12:26
Late submissions of VAT returns are normally settled at an administrative level even after the 'citazzjoni' to appear in court is issued. This has been the standard procedure since 1995 and in fact during every VAT sitting the standard practice is the before other cases are heard the prosecuting officer informs the presiding magistrate that certain cases are being withdrawn as the defaulter would have gone to the Department and settled matters so really I cannot understand what the big deal is about this case.
Like all us PBO is human and subject to these oversights.
A. Zahra
Oct 14th 2010, 14:01
The uss is that PBO is a PN official. That makes him a target for those with an agenda.
m vella
Oct 14th 2010, 11:42
TUTTI UGUALI my left foot
I.CALAMATTA
Oct 14th 2010, 11:41
Hi....Kemm hu bravu l-boy !!!!!!
abuhagiar
Oct 14th 2010, 11:41
The article above is normal procedure. Paul Borg Olivier/PN would have had to pay penalties for late submission, interest on any money due and pay the money itself as well as legal fees encountered by the vat department. If all is paid before the court hearing all will be withdrawn. The only difference is that this case was splashed in the media while other cases do not. And at the same time the media does not explain all procedures to let the reader, viewer and listener makes his/her judgement. What a pity.
Patrick Borg
Oct 14th 2010, 11:22
It's not a problem as long as the VAT Department does exactly the same thing for every Tom, Dick or Harry with a similar issue. However PBO's bad example is yet another minus in his long list of minuses since becoming party secretary. Although anyway, a Party with a never-ending list of quasi-illegalities and dubious misdemeanors fully deserve such a secretary. Sort of fits the party hand like a glove.
Victor Vella
Oct 14th 2010, 12:11
The problem is that I was fined 700 euros for just the same thing and I had regulatised my position as well.Thank you Gonzi for these petty little discriminations,isa la nigu ghal vot infakrek fiha din,
W Mallia
Oct 14th 2010, 11:18
As an accountant I can tell you that this treatment is not only reserved to prominent politicians, but to everyone. The articles fails to mention how many names were called alongside PBO's name, normally tens of names are called, who are normally those people who would have chosen to regularise themselves, instead of facing criminal charges.
In my opinion it would have only been scandalous if the article read that penalties and interst have been waived, which i doubt is the case, as you would be hearing the SCOOP of the year on ONE. I would ask PBO to reveal how much in penalties he had to pay - from 2006 it must run in the hundreds if not more.
M Xuereb
Oct 14th 2010, 11:08
Some years ago I had submitted a VAT return late by sheer oversight (it was a nil return anyway), was charged a late penalty fee of Lm10, sent a request to have the penalty reconsidered due to this being a first-time offence, and the penalty was cancelled. As Patrik Larsson said, I think the VAT Dept's just doing its job in chasing after Government revenue. Like him I too found them to be considerate about my genuine error. PBO's case hit the headlines. Mine didn't. Now in J Mallia's case below, I don't know......... perhaps he isn't telling us the full story?
Joseph E Briffa
Oct 14th 2010, 10:48
This is obvious..if one regularises one's position all government's departments will drop the case..
L.Vella
Oct 14th 2010, 11:07
That's not true..we wanted to regularise our position yet we were still taken to court by the VAT department.
Charles Alamango
Oct 14th 2010, 10:45
SIMPLY UNBELIEVABLE. This is the last straw....come elections come.....
Dr. John Zammit
Oct 14th 2010, 10:41
The Association for Men's Rights - www.freewebs.com/mensrightsmalta - has the same problem but this time with the income tax forms that were lost in the post and was fined about 5,000 Euros!!! This ngo is a voluntary organization which does not even collect subscribtion for membership and is exempted to pay income tax by law. How about doing the same, especially that it was not the association's fault?
C. Muscat
Oct 14th 2010, 10:37
I hope this has been the same treatment for everyone before and after. At least, someone please indicate that from now everyone will be given the same opportunity/treatment.
It is better if we hear, how people were treated in similar circumstances.
VV Bartolo
Oct 14th 2010, 10:35
i have a vat return to submit by tomorrow and i happen to be desperately busy with other urgent matters ... if i ignore it for a week or so and then i send a letter to the vat apoligizing that it was AN OVERSIGHT, WILL THE VAT DEPT GIVE ME THE SAME TREATMENT AS MR BORG OLIVIER'S?
Patrik Larsson
Oct 14th 2010, 10:42
You can file it late, but you will probably get a penalty for it. Does anything in the article imply that there was no penalty applied in this case?
Ian Galea
Oct 14th 2010, 10:48
You had six weeks to prepare it, Mr. Bartolo! ... And yes, you will probably get the same treatment if you do that!
Charles Caruana
Oct 14th 2010, 11:19
Being desperately busy is no excuse. I filed mine yesterday, though I had 6 weeks chance, and was in and out of the department in two minutes.
There is another option. Why not file the return online?
VV Bartolo
Oct 14th 2010, 13:25
my point is, if i don't submit my vat return tomorrow cos am "busy", an "oversight", whatever, WILL I BE TREATED THE SAME AS MR BORG OLIVIER?!?!
m.farrugia
Oct 14th 2010, 10:31
@jcforte - Jiena f'sena partikulari ma baghtx ir-return tat-taxxa, gejt infurmat li ir-return ma daħlitx fid-dipartiment tlabt kopja oħra tar-return u baghtta allura jiena halliel ghax iregolazjat ruhi meta xi hadd gibed l-attenzjoni? Il-halliel huwa minn ma jhallas kemm suppost ghandu ihallas bhal ma jaghmlu hafna individwi.
J Mallia
Oct 14th 2010, 10:26
Oh Lord what a disgrace and shame full the VAT dept is...Me Mr nobody, sent my return 1 day late, and I genuinely thought I had sent it in time....But I’m not Dr Borg Olivier, so I was fined Lm 182.00.......What a shame.
Ian Galea
Oct 14th 2010, 10:49
And who told you that Dr. Borg Olivier was not fined by the VAT Department?
J Mallia
Oct 14th 2010, 11:36
Mr Blue eyed boy Ian Galea......I didn not elaborate on my case... I was processed by a tribunal, than taken to the magistrate court to face charges, which lasted FOUR YEARS....for just ONE DAY late payment......and fined Euro 423.94........how about that Mr Ian Galea huh !!
Ian Galea
Oct 14th 2010, 14:39
Mr. J. Mallia ... people who are not familiar with VAT returns may believe you, I don't. I know exactly how the VAT Dept works and they will not take you to court just for being one day late with your return! ... Well maybe only to those who don't have blue eyes! pffffffff!
S. Calleja
Oct 14th 2010, 14:43
Mr Mallia, I don't think you are giving us the full picture of the situation. If they received the full payment 1 day late, you would only be liable for 1 day interest plus maybe a small penalty. People who are taken to court usually either owe the VAT department a substantial amount or do not have their books in order.
c camilleri
Oct 14th 2010, 10:08
so does this mean that ALL those who are supposed to submit VAT returns and do not do so, can wait to be "caught"? and then in case they are caught they just regularise themselves and say it was an "oversight"? Because in case they are not caught, good luck to them and bad luck to the genuine tax payers! and once they are caught, they still enjoyed years of bank interests on those taxes due! who will pay the waste of time, court costs etc etc? will it be Paul Borg Olivier or the tax payer?
Patrik Larsson
Oct 14th 2010, 10:33
Yes it does. The vat department's duty is to pursuit failed tax returns. In case of failures I can say, from personal experience, that they are very good to deal with and are tolerant to genuine errors. That said, they shouldn't be, and probably aren't, as tolerant when it's a matter of intentional oversights.
But to answer your question - or the one I think you intended. There is nothing in the article showing that the General Secretary received any special treatment. On the contrary I doubt an average Joe would have had to face both the media attention and such harsh attention from the courts.
S. Calleja
Oct 14th 2010, 14:40
I agree with Patrik, and let me add that late submissions incur penalties and interests which have to be paid on any VAT due.
J Farrugia
Oct 14th 2010, 10:07
going to court for just a trivial matter is obscene. wasting people's money just like that when an imposition of a penalty makes more wonders than appearing in court, is stupid.
gcForte
Oct 14th 2010, 10:06
X`farsa.............Jigifieri jekk nisraq, u ninqabad, u inrodd lura dak li sraqt, ma nitlax il qorti ?
S. Calleja
Oct 14th 2010, 14:38
PBO ma seraq xejn. Nesa' jibghat formula, kif jista' jinsa kulhadd. Hafna nies li huma registrati ghall-VAT ihallu f'idejn l-accountant biex jibghat din il-formula, u kultant lanqas biss ikun tort taghhom. Qed nitkellem hekk mhux ghax Nazzjonalist, imma ghax registrat ghall-VAT personalment u naf kemm hu facli tinsa' tibghat formula minn ghexieren li trid timla kull sena - ETC, FS3, FS7, etc. etc. Tixba' tiffirma. Ghalhekk bla sens tressaq bniedem il-qorti fuq kas bhal dan. Hafna nies jinsew jibghatlu xi formula jew ohra. Allahares noqghodu ntellghu il-qorti lil kulhadd.
r ferriggi
Oct 14th 2010, 10:01
i had always been thought to be fair and honest etc towards my country and its laws.
the examples we have been getting lately from some politicians ....is not conducive to my keeping the same mentality.
''tbazwir' ala maltija.