header-logo header-logo

19 November 2009 / Hartley Foster
Issue: 7394 / Categories: Features , EU
printer mail-detail

Burning bridges

Has the EU’s “carbon trading” market gone up in smoke? Hartley Foster investigates

Transfers of EUAs between taxable persons under the European Union’s Greenhouse Gas Emission Trading System (ETS) are treated as a supply of services for VAT purposes.

They are taxable where the recipient of those services is established. Given their high value and the fact that they can be easily traded in (lightly regulated) specialised markets, this makes the carbon trade market susceptible to what is known as “carousel” or “MTIC fraud”.

The origins of MTIC fraud

The fons et origo of MTIC fraud was the introduction of the EU’s internal market in 1993.

Completing the internal market became a political priority in the early 1980s. The EC Commission proposed that the “origin system” be introduced in relation to supplies between member states. This would involve charging VAT in, and at the rate applicable in, the country of origin of the goods and services. For this system to work effectively, rates of VAT would need to be approximated throughout the EC. For this

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

Clyde & Co—Nick Roberts

Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll