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19 November 2009 / Hartley Foster
Issue: 7394 / Categories: Features , EU
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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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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