Europaudvalget 2020
SWD (2020) 0402
Offentligt
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EUROPEAN
COMMISSION
Brussels, 23.12.2020
SWD(2020) 402 final
COMMISSION STAFF WORKING DOCUMENT
Fiscalis 2020 Programme Progress Report 2019
EN
EN
swd (2020) 0402 (forslag) - COMMISSION STAFF WORKING DOCUMENT Fiscalis 2020 Programme Progress Report 2019
Contents
1.
2.
2.1.
2.2.
2.3.
ACRONYMS AND ABBREVIATIONS
EXECUTIVE SUMMARY
IT systems
Joint actions
Training and human competency
2
3
3
4
5
3.
3.1
3.2
3.3
INTRODUCTION
Fiscalis 2020 in a nutshell
The Performance Measurement Framework
Mid-term evaluation of the programme
6
6
7
8
4.
4.1
4.2
PROGRAMME YEAR 2019
BASIC PARAMETERS (ON BUDGET AND JOINT ACTIONS)
Budget
Participants in joint actions (excluding expert teams)
10
10
11
5.
5.1
PROGRESS IN RELATION TO THE OPERATIONAL OBJECTIVES
Cross-cut indicators of collaboration robustness between programme stakeholders
15
15
5.2
Objective 1: implement, improve, operate and support the European Information Systems for
taxation
5.3
5.4
5.5
Objective 2: support administrative cooperation activities
Objective 3: reinforce skills and competences of taxation officials
Objective 4: enhance the understanding and implementation of Union law in the field of taxation
17
25
32
34
5.6
Objective 5: support the improvement of administrative procedures and the sharing of good
administrative practices
36
6.
PROGRESS IN RELATION TO THE ANNUAL WORK PROGRAMME
41
ANNEX 1 - PRODUCTION STATUS OF THE TAXATION IT APPLICATIONS AND TRANS-EUROPEAN
SYSTEMS
50
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1.
ACRONYMS AND ABBREVIATIONS
The following acronyms are used in this document:
Abbreviation
AEOI
AFF
ART
AWP
CCN/CSI
DAC
EAF
eFCA
EIS
EMCS
ET
FPG
F2020
JA
MANITC
MFF
MLC
MOSS
MSW
N/A
PAOE
PICS
PMF
SEED
TEDB
TIN
TSS
TOD
VAT
ToW
VIES
VoW
Meaning
Automatic Exchange of Information
Action Follow up Form
Activity Reporting Tool
Annual Work Programme
Common Communications Network - Common Systems Interface
Directive on Administrative Cooperation
Event Assessment Form
e-Forms Central Application
European Information Systems
Excise Movement Control System
Expert team
Fiscalis Project Group
Fiscalis 2020 programme
Joint Action
Managed IT Collaboration
Multiannual Financial Framework
Multilateral Controls
Mini-One-Stop-Shop
Member State Warning
Not available
Presences in administrative offices / participation in administrative enquiries
Programmes Information and Collaboration Space
Performance Measurement Framework
System for Exchange of Excise Data
Taxes in Europe Database
Taxation Identification Number
Taxation Statistical System
Turnover Data
Value Added Tax
TIN-on-the-Web
VAT Information Exchange System
VIES-on-the-Web
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2.
EXECUTIVE SUMMARY
At EU level, the fight against tax fraud, tax evasion and aggressive tax planning, and the implementation of
Union law in the field of taxation, are materialised by setting-up IT systems and other mechanisms of
cooperation, which are implemented to a large extent through the Fiscalis 2020 programme. The vast
majority of the programme funding is devoted to the implementation, improvement, operation and support to
the European Information Systems for taxation. The remaining part is used for funding the organisation of
joint actions (the cooperation and collaboration side) and the training activities.
2019 was the sixth year of activities under the Fiscalis 2020 programme and represented a continuity of
many actions of 2018. The numbers of European Information Systems (and their availability), actions, events
and participants remained at high levels, testifying to a strong demand from business owners and national
administrations for programme activities. Such strong demand has been also confirmed by the conclusions
of the mid-term evaluation of the programme .
1
The key observations that can be deduced from the analysis of the Performance Measurement Framework
indicators in 2019, supported by some of the conclusions of the mid-term evaluation of the programme, are
as follows:
Continued
strong demand
for programme support.
The European Information Systems are
regularly operated
and resistant to
increased volume of
data traffic.
New European Information Systems developments are largely taking place in line with the planning
thanks to the support of the programme. The systems are
regularly maintained and updated
and
the user support and training are functioning properly.
Major work was done to have the tax IT systems ready for a
withdrawal of the UK
from the EU.
Increased support from the programme, by means of
expert teams,
on different aspects of IT
collaboration.
Very positive assessment of the
achieved results
of the joint actions, their
usefulness
and met
expectations
by national tax officials who participated in them.
Increase in the degree of
networking
among programme participants.
Low awareness rate,
as shown by the results of the programme polls and by the conclusions of the
mid-term evaluation.
Remarkable increase in the number of officials trained by using EU common training material
(242%), showing the great impact of the redeveloped and updated VAT Programme for the
administrations.
IT systems
2.1.
The
European Information Systems
supported by the programme interconnect tax authorities and allow
information to be exchanged rapidly and by secure electronic means. In addition, the European Information
Systems allow the use of a common format that can be recognized by all Member States and thus facilitate
the coexistence of the different national taxation systems in the EU.
The information exchange is enabled by a closed and secure
Common Communication Network -
Common Systems Interface (CCN/CSI)
one of the main outcomes of the programme. The network
registered over 6 902 million messages exchanged during the period January 2019 to December 2019,
compared to 5 790 million messages exchanged during 2018 (19.2% growth of number of messages). In
terms of traffic, the CCN Network registered around 32.23 TB during the period January 2019 to December
2019, compared to around 29.08 TB during 2018 (10.8% increase of traffic volume).
1
https://op.europa.eu/en/publication-detail/-/publication/c9c68539-33f7-11e9-8d04-01aa75ed71a1/language-en/format-PDF/source-search
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The high volume of information channelled via CCN/CSI and the other tax related IT systems (e.g.
VAT
Information Exchange System - VIES, Excise Movement Control System - EMCS)
shows that the
programme is a solid and robust enabler for the information exchange amongst tax (and customs)
authorities, moving towards a tax e-administration.
At the end of 2019, there were a total of 27 European Information Systems and related applications in
operation for taxation. During 2019, the programme continued to support the operation of all these taxation
European Information Systems and also supported further IT developments.
The
Mini One Stop Shop (MOSS)
system contributes to reducing the administrative burden on tax
administrations and compliance costs for those taxpayers active in the telecommunications, broadcasting
and electronic services and established within the Union, as it allows fulfilling their VAT obligations in a
single place of compliance instead of in each country of the economic activity. As a result, the system will
allow companies that sell goods online to their customers to deal with their VAT obligations in the EU
through one easy-to-use online portal in their own Member State and their own language. Without MOSS,
VAT registration would be required in each Member State into which they want to sell
a situation cited by
companies as one of the biggest barriers for small businesses trading cross-border. MOSS will be extended
to cover all cross border supplies of goods and services and will cover in addition low value goods sold to
consumers and imported into the EU as of 1 July 2021. With the
VAT Information Exchange System
(VIES),
tax administrations exchange monthly data of Intra-community supplies, while with
VIES-on-the-
Web
economic operators no longer have to use the intermediary national administration to validate the VAT
numbers of their trading partners, directly reducing the lead-time and the administrative burden and
compliance costs for traders and national administrations. VIES-on-the-Web was updated in 2019 in
preparation for a potential withdrawal of the UK in a no-deal scenario. Similarly, there was another release
regarding the
Tax Identification Number (TIN) on the Web
(ToW) to respond to an eventual no-deal Brexit.
During 2019, the IT system to support the automatic exchanges of information between Member States in
the context of the Council Directive on
Administrative Cooperation
2
(DAC)
in the field of direct taxation
had two major developments regarding DAC6: the standard electronic formats for exchange of information
and a central directory that enables the reporting of cross-border reportable arrangements.
In 2019, DG TAXUD also continued the exploration of the blockchain
3
to evaluate the operational and
governance aspects of this technology.
2.2.
Joint actions
Tax officials exchange views and best practices to fight against tax fraud, tax evasion and aggressive tax
planning, and to implement Union law in the taxation field, mainly via the joint actions organised under the
programme.
By building trust between Member States’ tax authorities, the programme supports
the fight
against fraud at EU level.
In the area of direct taxation, the programme funded different activities to support the
Automatic Exchange
of Information (AEOI)
under the Council Directive 2011/16/EU on administrative cooperation in the field of
taxation (DAC1) and its subsequent revisions. The last of these revisions (DAC6, transposition deadline was
31 December 2019) provides for reporting of potentially aggressive cross-border tax planning schemes.
Accelerated exchange of information between VAT anti-fraud units continued to be supported via
Eurofisc,
a network for the swift exchange of targeted information between Member States to enhance multilateral
administrative cooperation in combating organised VAT fraud and especially VAT carousel fraud. During
2019, there were 7 project groups relating to Eurofisc. The programme also finances simultaneous controls
(multilateral
controls
or MLC actions), coordinated controls of the tax liability of one or more related taxable
persons, organised by two or more Member States with common or complementary interests. During 2019,
198 multilateral controls were operational under the programme auspices, exhibiting an upward trend since
the launch of the programme. There were 80
Presences in the Administrative Offices and Participation
in Administrative Enquiries
(PAOE) activities organised during 2019. PAOEs consist in one Member State
requesting to be present in another Member States’ offices and/or during administrative enquiries carried out
in the territory of the requested Member State. In addition to being present, Member States’ officials may
interview individuals and examine records during administrative enquiries
but under the condition that this
is permitted under the legislation of the requested Member State.
2
Council Directive 2011/16/EU on Administrative Cooperation in the field of taxation (DAC1) and its subsequent revisions. In particular, the sixth
A system in which a record of transactions made in bitcoin or another cryptocurrency are maintained across several computers that are linked in
revision (DAC6) introduced the first automatic exchange of cross-border arrangement as of July 2020.
3
a peer-to-peer network.
4
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During 2019, four
expert teams
were operational in the taxation area. The
Managed IT Collaboration
(MANITC III and IV) continued to promote, support and coordinate Member States collaborative initiatives in
IT area. In addition, two expert teams started to develop IT applications amongst Member States in parallel:
the expert team for
Excise Duty Calculator
(EDC), and the expert team for
Mobile Application on Excise
Movement and Control System
(m-EMCS). Finally, the
Transaction Network Analysis
expert team (TNA)
was created to group Member States’ resources to assist the Commission in the development of the
Transaction Network Analysis software, a custom built tool to facilitate information exchange and data
analysis within the Eurofisc network, in order to enhance Eurofisc capability to use VIES and Eurofisc data to
build links among known risky traders and detect fraudsters.
As regards cooperation with public administrations at EU level, DG TAXUD co-chairs and organises
meetings of the
Heads of Tax Administration Summit (TADEUS),
funded by the Fiscalis programme. In
the TADEUS meeting that took place in September 2019 (Helsinki), the Heads of Tax Administration
endorsed the findings of the ‘Digital and data’ project –
about possible tax reporting requirements for the
sharing and gig economy.
2.3.
Training and human competency
Fiscalis 2020 continued to support throughout 2019 a coherent implementation and application of tax policies
(VAT competency/tax compliance building). This happened specifically through the realisation of a content-
updating project of the
EU VAT eLearning programme
(composed of 12 VAT process-specific eLearning
modules in 17 EU languages, a total of 204 modules) to make the courses Brexit compliant and a technical
and content update of the EMCS courses, that makes this EU competency building training material fit for
use by the national public and private sector across the EU for the years to come.
In 2018 an EU-wide survey on Human Capacity Building Maturity in national tax administrations was
performed and resulted by end 2019 in the availability of the
first common EU TAX Competency
Framework (TaxCompEU),
that provides national tax administrations with a common reference standard for
optimal staff performance, based on identified common tax values, operational tax competencies,
professional and management competencies and tax career paths. Implementation in national tax
administrations’ HR structures will be further accompanied and supported as of 2020.
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3.
3.1
INTRODUCTION
Fiscalis 2020 in a nutshell
The EU Regulation 1286/2013 established the multiannual action programme Fiscalis 2020 for the period
from 2014 to 2020 with the aim to improve the proper functioning of the taxation systems in the internal
market by enhancing cooperation between participating countries, their tax authorities and their officials.
Total budget foreseen for this programme period is EUR 223.4 million. The programme represents a
continuation of the earlier generations of programmes Fiscalis 2007
4
and Fiscalis 2013
5
, which have
significantly contributed to facilitating and enhancing cooperation between tax authorities within the Union.
Figure 1: Fiscalis 2020 programme objectives
The Fiscalis 2020 specific objective:
The specific objective of the programme shall be to support the fight against tax fraud, tax evasion
and aggressive tax planning and the implementation of Union law in the field of taxation by ensuring
exchange of information, by supporting administrative cooperation and, where necessary and appropriate, by
enhancing the administrative capacity of participating countries with a view to assisting in reducing the
administrative burden on tax authorities and the compliance costs for taxpayers.
The Fiscalis 2020 operational objectives:
to implement, improve, operate and support the European Information Systems for taxation;
to support the improvement of administrative procedures and the sharing of good administrative
practices
to support administrative cooperation activities;
to reinforce the skills and competence of tax officials;
to enhance the understanding and implementation of Union law in the field of taxation;
There are three types of activities that are organised under the programme:
European Information Systems building
- these IT systems and the IT capacity building are
indispensable for the cooperation among taxation authorities. The programme covers the cost of
acquisition, development, installation, maintenance and day-to-day operation of the Union
components of European Information Systems.
Joint actions (JA)
- bringing together officials from the participating countries - these are most
commonly project groups, working visits, workshops and seminars. The programme covers the cost
of organisation and participation in these activities.
Types of joint actions:
(i)
(ii)
seminars and workshops;
project groups, generally composed of a limited number of countries, operational during a
limited period of time to pursue a predefined objective with a precisely described outcome;
bilateral or multilateral controls and other activities provided for in Union law on
administrative cooperation, organised by two or more participating countries, which include
at least two Member States;
working visits organised by the participating countries or another country to enable officials
to acquire or increase their expertise or knowledge in tax matters;
expert teams, namely structured forms of cooperation, with a non-permanent character,
pooling expertise to perform tasks in specific domains, in particular in the European
(iii)
(iv)
(v)
4
5
OJ L 341, 17.12.2002, p. 1
OJ L 330, 15.12.2007, p.1
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Information Systems, possibly with the support of online collaboration services,
administrative assistance and infrastructure and equipment facilities;
(vi)
(vii)
(viii)
(ix)
public administration capacity-building and supporting actions;
studies;
communication projects;
any other activity in support of the overall, specific and operational objectives and priorities
set out in Articles 5 and 6 of the Fiscalis 2020 regulation, provided that the necessity for
such other activity is duly justified.
Human Capacity Building
- training materials and electronic learning modules play a vital part in
developing the human competency component of the tax authorities in the EU. The programme
covers the development cost of the common training materials, including electronic training modules.
The Commission and the participating countries (EU Member States and countries recognised as candidates
or potential candidates for EU membership having concluded international agreements for their participation
in the Fiscalis 2020 programme
6
) establish jointly the annual priorities of the programme by adopting each
year the AWP. The implementation of the programme is under direct management by the Commission,
meaning that it is centrally managed by DG TAXUD. It is implemented financially on the basis of grant
agreements with the participating countries (joint actions), and procurements (mostly for European
Information Systems, studies, and common training activities).
3.2
The Performance Measurement Framework
Article 16 of the Fiscalis 2020 regulation stipulates that the Commission shall monitor the implementation of
the programme and actions under it on the basis of indicators and make the outcome of such monitoring
public. The final evaluation of the Fiscalis 2013 programme equally made the recommendation that "the
Commission, in close cooperation with the Member States, should set up a results-based monitoring and
evaluation (M&E) system for the Fiscalis programme".
7
In order to achieve this purpose, the Commission established in 2014 a Performance Measurement
Framework (PMF) to be implemented with the start of the new programme. The PMF is based on the
intervention logic (see Figure 3), which describes the logical step-by-step link between the wider problems
and needs addressed by the programme and the programme's objectives, inputs, activities, outputs, results
and impacts. The PMF relies both on the quantitative (indicators) and qualitative (reporting and
interpretation) data for assessing the progress achieved.
The indicators can be divided into two categories:
Output and result indicators
these are first and second order effects that can be directly attributed to the
programme. Outputs refer to those effects (most often tangible products) achieved immediately after
implementing an activity, while the results look at the mid-term effects or the difference made on the ground
thanks to the outputs. Both types of indicators are collected annually, reflected in the Progress Report and
are linked to the operational objectives of the programme.
Impact indicators
they indicate the long-term effects of the programme by measuring its contribution to
the broader policy areas, where programme activities are only one of the contributing factors. They mostly
rely on the use of existing external indicators (not collected by PMF surveys) and are mainly assessed as
part of evaluations, such as the one carried out in 2018 and the one foreseen in 2021 for the Fiscalis
programme (mid-term and final evaluations, as required by Article 18 of Regulation 1294/2013). They are
linked to the higher-level specific objectives of the programme and the policies it supports.
The PMF uses both its own data collection tools and the data gathered externally. The external data is
collected either by other organisations at a global level or inside DG TAXUD of the Commission.
The PMF’s
own data collection tools gather feedback from programme stakeholders and are summarised in the table
below.
6
34 participating countries: 28 Member States, Albania, Bosnia and Herzegovina, Republic of North Macedonia, Montenegro, Republic of Serbia,
https://ec.europa.eu/taxation_customs/sites/taxation/files/resources/documents/common/publications/studies/fiscalis2013_final_evaluation.pdf
and Turkey.
7
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Figure 2: PMF data collection tools
Tool
Action Reporting Tool
(ART) - Proposal form
Action Follow up Form
(AFF)
Action Follow up Form
for working visits
Event
Form (EAF)
Programme Poll
Assessment
60 days after the end of an event or yearly in case of
project groups or similar activities longer than 1 year
Every 18 months
to be launched in:
Mid-2015,
beginning 2017
mid-2018
end 2019
Participants to an event or members of a
project group or similar activities
The Programme Poll is addressed to all
customs officials in the participating
countries
In February, one form per action or one form each year
for multi-annual actions
Participants to the working visit
Action managers
When is the data submitted?
At the beginning of each activity
Who is submitting the data?
Action managers
The PMF follows the annual reporting cycle. It takes into consideration a calendar year of activities initiated
or organised under the programme. The drafting of the Annual Progress Report starts in the following year
once the data collection process is finalised. Following data analysis and consultation with stakeholders, it is
published during the following year. The Annual Progress Reports represent a summary of the main output
and result indicators and gives an assessment of the overall progress achieved during the year.
The mid-term evaluation (in 2018) and the final evaluation (in 2021) of the programme make full use of the
available Annual Progress Reports and report on the impacts of the programme’s intervention.
3.3
Mid-term evaluation of the programme
In accordance with Article 18 of the Fiscalis 2020 Regulation, DG TAXUD conducted a mid-term evaluation
of the programme supported by an
external study.
The main objective of this evaluation was been to
assess the programme's performance since the launch of the programme in 2014 until 2017, including
strengths and weaknesses of activities; the continued relevance of problems and needs and the
programme’s efficiency and value for money.
The study by the contractors was finalised at the end of 2018 and is available online, on the Publication
8
Office of the EU . This study supported the
Commission Report
on the mid-term evaluation of Fiscalis 2020
9
addressed to the European Parliament and the Council , which was adopted on 07/02/2019.
DG TAXUD, together with national customs authorities, adopted in 2019 an
action plan
to address the
recommendations. The implementation of the recommendations will be regularly monitored (first follow-up
exercise will be done in Q4 of 2020). The final assessment of the follow-up of recommendations will be
provided at the time of the final evaluations of Customs and Fiscalis 2020 programmes.
Following one of the recommendations of the mid-term evaluation, DG TAXUD launched in 2019 an external
study to review the PMF. The study’s
aim is to reassess the current set of indicators, simplify them and fit the
monitoring results better to decision-making needs. The study also addressed the European Court of
Auditors recommendation to set appropriate reporting arrangements and indicators both on the overall level
of implementation and on individual IT projects. The study is planned to finalise in October 2020.
8
https://publications.europa.eu/en/publication-detail/-/publication/abf11482-33f8-11e9-8d04-01aa75ed71a1/language-en/format-PDF/source-
COM/2019/579
search
9
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Figure 3: Intervention logic of the Fiscalis 2020 programme
Impacts
The functioning of the taxation
systems in the internal market is
improved.
Curbed tax fraud, tax evasion
and aggressive tax planning.
1.
2.
3.
4.
5.
Problems / needs
Diverging application and implementation of EU tax law
Inadequate response to tax fraud, avoidance and evasion
Pressure on national tax administrations to exchange increasing quantities of data and information
securely and rapidly
High administrative burden for tax payers and tax administrations
Slow technical progress in the public sector
Overall objective
Improve the proper functioning of the taxation systems in the internal market by enhancing cooperation
between participating countries, their tax authorities and their officials
Effective implemention of Union
law in the field of taxation (by
supporting administrative
cooperation & exchange of
information)
Reduced administrative burden
on tax administrations and
compliance costs for tax payers.
Results
Collaboration between Member
States, their administrations and
officials in the field of taxation is
enhanced.
The correct application of and
compliance with Union law in the
field of taxation is supported.
The European Information
Systems for taxation effectively
facilitate information
management by being available.
Administrative procedures and
good practices identified,
developed and shared.
Skills and competences of tax
officials reinforced.
Effective administrative
cooperation.
Theory of change
(incl. EU added value)
F2020 finances supporting
measures to ensure that
the EU tax policy is applied
in an effective, efficient,
convergent and harmonised
way, in particular by:
Boosting the
effectiveness of the
work of participating
countries’ national
taxation administrations
(inter alia by facilitating
exchange of
information).
Enhancing networks
between tax officials
across Member States
through which
information can be
shared.
Inputs
EUR 234 million to provide
support in the form of:
grants;
public procurement
contracts;
reimbursement of costs
incurred by external
experts
Human resources (EC and
national tax authorities)
Activities
(grouped into projects)
Outputs
Joint actions:
Recommendations /
guidelines (including
action plans /
roadmaps)
Best practices
Analysis
Networking &
cooperation
IT systems:
New (components of)
IT systems at users’
disposal
Continued operation of
existing IT systems
Training:
Common training
content developed
Joint actions:
Seminars & workshops;
project groups; working
visits; bi/multilateral
controls; expert teams;
public administration
capacity building and
supporting actions; studies
and communication
projects.
Development,
maintenance, operation and
quality control of
IT
systems
Common
training
actions
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4.
4.1
PROGRAMME YEAR 2019
BASIC PARAMETERS (on budget and joint actions)
Budget
The overview in Figure 4 below summarises the programme funding according to the six main activity types.
In order to make the table more meaningful, budgetary information from previous years has been added.
Figure 4: Committed expenses per budgetary year and main action categories under the programme,
in euros
10
2014
European Information
Systems
Joint actions (other than
expert teams and studies)
Joint Actions - expert
teams
Training
Studies and
communication
External experts
TOTAL
11
AWP
EU Annual Budget
Amount MFF
23 053 874
4 555 000
-
908 585
2 184 539
75 000
30 776 999
30 777 000
30 777 000
30 777 000
2015
24 691 254
4 230 000
-
600 003
1 375 690
70 000
30 966 94
31 025 000
31 025 000
31 025 000
2016
23 244 421
4 300 000
988 040
1 205 600
1 640 916
70 000
31 448 978
31 449 000
31 449 000
31 449 000
2017
24 824 594
4 540 000
519 915
-
1 898 800
70 000
31 853 309
31 809 000
31 809 000
31 809 000
2018
22 375 306
4 912 500
899 585
1 352 000
1 867 658
70 000
31 477 049
32 043 000
32 043 000
32 043 000
2019
24 768 693
5 576 400
330 000
1 374 000
520 372
-
32 569 465
32 570 000
32 570 000
32 570 000
As is standard for the programme, the vast majority of funding in 2019 went into the development and
operation of European Information Systems (76% of the budget), followed by the organisation of the joint
actions (19.8%), and the training activities (4.2%).
The Commission undertakes IT capacity building activities through contracts following public procurement.
The expenditure dedicated to IT systems has remained quite stable over the last years .
12
In the last five years, the committed expenses on joint actions (organised under grant agreements) have
increased year after year in line with the increase in the number of participants and actions. It is worth
recalling that the expenses for joint actions are difficult to forecast in advance, given that actions and events
are triggered by constantly evolving business needs. For this reason, the planned expenses that appear in
the AWP can differ to a smaller or larger percentage from actual commitments in a given year on joint
actions.
The amounts dedicated to expert teams have been oscillating since 2016, when the first expert teams were
launched. In 2017 and 2019 there was a decrease of the budgetary commitments, which does not mean a
lower level of activity as the expert teams created in the previous years (when the budget was committed)
continued to work in subsequent year(s) given the multiannuality nature of this type of activity.
Regarding training activities, there were no commitments in 2017 as the contracts signed in previous years
were of a multiannual nature and the activities funded in 2017 were funded from these contracts. The
amount committed in 2019 remained at a similar level to that of 2018.
During 2019 there were no commitments to finance the participation of external experts in the programme,
as reimbursements to external experts were covered with available commitments from previous years.
The programme also finances the conduct of studies, data collection and comparative analyses in taxation
issues. Some of the initiatives finalised during the year were the following:
10
The table compares committed amounts since the launch of the programme, as the actual expenses are not finalised for all the previous years.
It is to be noted that the total amount of appropriations may be higher when using foreseen financial contributions from candidate and
It should be noticed that the specific contracts are usually shared with the Customs 2020 programme.
Budgetary year X covers from 01/04/X to 31/03/X+1
11
potential candidate countries participating in the Fiscalis 2020 programme.
12
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In September 2019, the Commission published the evaluation of the Energy Taxation Directive
(ETD), which lays down rules for the taxation of energy products used as motor or heating fuels and
for electricity. The evaluation pointed out that the high divergence in national energy tax rates is not
in line with other policy instruments and can lead to fragmentation of the internal market, a problem
exacerbated by the widespread use of optional tax exemptions.
Also in September 2019, the Commission published the Study and Report on the VAT Gap in the 28
EU Member States. According to the study, which contains new estimates of the VAT Gap for 2017,
EU Member States are still losing over EUR 137 billion in revenues. The VAT Gap decreased in 25
Member States and increased in three. Individual performances across Member States still vary
significantly. This substantial VAT Gap again highlights the need for a comprehensive reform of the
EU VAT rules, as proposed by the Commission back in 2017.
Participants in joint actions (excluding expert teams)
4.2
The number of total participants has increased considerably during 2019, reaching 5 327, with 554 more
participants than in 2018 (increase of 11.6 %).
Figure 5: Evolution in the number of participants in joint actions under Fiscalis 2020
13
5327
4433
3400
4465
4773
4284
2014
2015
2016
2017
2018
2019
It is important to stress that participation in programme activities is voluntary and is influenced by a number
of factors, such as the business need for organising activities, the trend of moving away from physical
meetings towards online collaboration, as well as the individual national administration's capacity and
interest in participation.
If we look at the distribution of participants by country, we can see that all the countries are making use of
the programme, but that some countries, considering the size of their administration, do so more than
others. This is in line with the voluntary nature of participation in the programme activities, where the number
of participants from a given country depends partly on the level of interest and activity shown by the
country’s administration in using the potential
of the programme. In absolute terms, the countries that had a
higher number of participants during 2019 were Germany (471), Sweden (329) and Italy (278). In
comparative terms to the previous year, we noticed in 2019 a big increase in the participation of Germany
(65%) and Sweden (50%); together with a remarkable decrease rate in the participation of Albania (80%)
and Serbia (40%).
13
This is the number of total participants (which measures all instances of participation in activities and allows the same people to have taken
part in multiple activities).
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Figure 6: Overview of participants per country in 2019
1415
4.3
Joint actions (other than expert teams): proposals and actions
To set up an activity under the programme, one of the programme teams (participating country or the EC)
has to submit a proposal with information on the background, objective, expected results, participants and
financial cost involved. This proposal is then evaluated by DG TAXUD and Member States are consulted. If
confirmed, usually a single joint action is implemented. However, one proposal may also cover multiple joint
action activities, as in the case of multilateral controls. Each activity (action) is approved for a certain period
during which the associated work, including meetings, take place. This period is only restricted by the
programme's overall timeframe and is detached from calendar or budgetary years.
In 2019, the total number of
operational joint actions
(i.e. the ones that were launched in previous years
and continued their activities in 2019, together with the newly launched actions) was 647. This figure
represents a decrease of 4.1% by comparison with 2018 (675 actions). When analysing this figure we
should take into account that in the last years many actions were to a greater extent organised in broader
projects covering themes rather than specific interventions. Content-wise, the projects are usually multi-
annual rather than annual, as the actions and processes they stretch over more than one year. This may
lead to less new initiatives and in a decrease in the total number of ongoing actions (and new proposals) for
a specific year.
We can see from the two figures below that, as in previous years, the most popular action type remains
working visits, followed by multilateral controls placed second and PAOE as distant third, followed by project
groups. It is worth mentioning that the new type of working visits
(“host initiated working visits”) appears
in
the 2019 overview, showing 1 operational activity during the year.
The situation with regard to the number of participants is somewhat reversed with the project groups being
the largest activity type in terms of participation, followed by multilateral controls and workshops. This is
explained by the fact that project groups are very often long-term / multiannual activities, under which
several events are organised every year and also by the fact that project groups normally address a larger
audience than working visits or multilateral controls.
16
In comparative terms, we can notice in 2019 a very high increase in the number of participants in project
groups (from 1 810 to 2 672, i.e. 47% increase) and multilateral controls (from 982 to 1 139, i.e. 16%
14
The participants marked as EU represent external experts who come outside national administrations and who may be invited to contribute to
selected activities organised under the programme wherever this is essential for the achievement of the programme objectives.
Candidate and Potential Candidate Countries abbreviations: AL (Albania), BA (Bosnia-Herzegovina), ME (Montenegro), MK (Rep. North
Macedonia), RS (Rep. Serbia), TR (Turkey).
15
The 2019 number of participants for BA, ME and MK were not available at the time of drafting this report. The figures from 2018 has been used
Actions are always created before events under that action and its participants are added as last step. This time gap explains that the number
instead.
16
of participants is lower for Host initiated working visits and PAOE than the number of those operational actions.
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increase). On the contrary, there was a decrease in the number of participants in capacity building activities
(from 23 to 7, i.e. 69% decrease) and PAOE (from 90 to 46, i.e. 49% decrease).
Figure 7: overview of activity types and number of participants per activity type
17
If we want to look at the evolution of
new proposals
over time (Figure 8), we first need to exclude the
working visits in order to get a comparative number . We can observe an exceptionally high number of
proposals in 2014, as it was the year of transition to the new programme and all proposals for ongoing
activities had to be re-launched. From 2015 to 2018, we can observe a return to a standard number of
proposals treated during a year. During 2019, 35 new proposals were approved, which represents a
decrease of 8 proposals by comparison with the previous year. As previously explained, during the last year
actions were to a greater extent organised in broader projects covering themes rather than specific
interventions, which may lead to a decrease in the number of proposals and activities.
18
17
18
The graph on number of participants per action type does not cover participants not registered in ART.
This is because in the period before 2014 all the working visits were covered by a single proposal, while under the Fiscalis 2020 programme
each business case for a working visit is treated as a separate proposal (thus increasing their number by a significant margin). Comparing the
proposals in this way, outside working visits, we can see that their number was steady in the period 2011-2013.
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Figure 8: Number of new proposals approved during 2019 (without working visits)
At the level of the initiating teams, as expected, most of the proposals for joint actions were submitted by
DG TAXUD units (marked EU in Figure 9). The national programme teams mostly submitted proposals for
working visits, and here too we can observe in the figure below the difference among the administrations in
the level to which they pro-actively utilise the programme. By comparison with the figures of 2018, we notice
a considerable involvement of Turkey (14 new proposals), Serbia, North Macedonia, Lithuania and Denmark
(6 new proposals each).
Figure 9: Overview of new proposals per initiating country in 2019 (including working visits)
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5.
5.1
PROGRESS IN RELATION TO THE OPERATIONAL OBJECTIVES
Cross-cut indicators of collaboration robustness between programme stakeholders
The first section of the Performance Measurement Framework contains a number of programme-wide
indicators measuring awareness, networking, the use of outputs, and the achievement of results by the joint
actions.
Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Extent to which JA (that sought to
enhance
collaboration
countries,
between
their
participating
AFF
(excl.
Working
Visits)
2.65
(2014)
>3
2.65
3.25
3.11
3.11
3.67
3.19
administrations and officials in the
field of taxation) have achieved their
intended result(s), as reported by
action managers: average score on
the scale of 0 (not achieved) to 4
(fully achieved)
AFF
Working
Visits
3.62
(2014)
>3
3.62
3.34
3.37
3.65
3.45
3.53
Firstly, in this section we take a general look at the achievement of results as reported by the action
managers. In the case of most project groups, the action managers are DG TAXUD policy experts, while for
the working visits these are national tax officials. For the other types of actions, the actions managers are
indistinctly coming from the Commission or national administrations. The level of achievement of results is
evaluated against the anticipated results on a scale from 0 (not achieved) to 4 (fully achieved) at the end of
the action. The level of achievement is impacted both by internal factors (if an activity lasts for several years,
the results cannot be fully achieved immediately) and by external factors (such as political, business or
technological developments). It is therefore advisable to set realistic targets for the achievement of results.
In the case of most joint actions, such a target has been set at 3 or higher (3 corresponding to "results
achieved to a large extent"). When we compare the obtained indicators for 2019 against the targets and the
values in the preceding years, we can see that joint actions have been performing above target (3.19),
although with a decrease of approx. half a point when compared with 2018 value. The feedback provided by
action managers specifically for working visits (which follow an independent survey) has been very positive
over the last years, despite minor fluctuations, and is especially high for 2019 (3.53), indicating that the
participants are broadly satisfied with the business value obtained.
Indicator
Source
Baseline
(2011 Poll)
Extent to which the target audience is
aware of the programme
Prog.
Poll
66%
>75%
54%
59%
48%
45%
Target
Mid 2015
End 2016
Mid 2018
End 2019
Raising awareness
about the programme and its potential among the target audience is an important
precondition to fulfilling the programme’s objectives. The awareness is measured through the Programme
Poll, which is distributed in all the tax administrations of the participating countries every 18 months. The Poll
is distributed among both participants and non-participants to the programme’s
activities,
since its goal is to
measure awareness among the whole of the target audience.
The forth Programme Poll took place at the end of 2019, gathering replies from 3 948 officials working in 29
participating countries. We can observe that approx. 45% of all tax officials in Europe are aware of the
Fiscalis 2020 programme, which represents a decrease of 3 percentage points compared to the poll results
for 2018. The awareness in previous polls had also always been below the baseline (66%) and target (75%).
In order to raise awareness, DG TAXUD defined in 2016 a new communication strategy for the Fiscalis 2020
programme, which included the use of new communication tools and channels, as well as a common effort
between the EU and national programme teams in the distribution of information on the programme to the
potential beneficiaries. In line with the annual action plan, several communication actions took place in 2019:
A meeting for newcomers in the programme management community aiming to familiarise them with
programme basics and to integrate them into the network of national programme coordinators
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A network meeting for national programme coordinators where these had the occasion to deepen
contacts with their counterparts in other administrations, get an update on programme management
and implementation of the current and the new programmes
A network meeting for national working visit coordinators with the objectives to strengthen the
network and to involve coordinators in the reflection on a smooth transition towards the new
programmes
Several newsletters summarising programme highlights were published
A member of the CPMT gave a presentation on the programmes in the meeting of the European
Communication Network for Customs and Taxation
In addition, a pilot project was launched to introduce knowledge sharing within the Customs and
Fiscalis 2020 programmes to increase the awareness of all national officials and not only those
participating in programme events.
Indicator: Degree of
networking generated by
programme activities
Q1: Did the activity provide you a
good opportunity to expand your
network of and contacts with
officials abroad? (percentage
agreeing)
Q2: Have you been in contact for
work purposes with the officials
you met during this activity since
the activity ended? (percentage
agreeing)
Source
Baseline
(2013)
Target
2014
2015
2016
2017
2018
2019
EAF
19
79.0%
>90.0%
95.2%
96.7%
97.0%
96.9%
95.2%
96.2%
EAF
75.0%
>80.0%
68.0%
72.8%
69.0%
74.8%
62.2%
69.6%
20
The collaboration between tax officials is a key sustainable success factor for implementing taxation policy in
Europe. This networking improves the understanding and the implementation of the tax law in the area of
fight against tax fraud, tax evasion and aggressive tax planning. It ensures the exchange of best practices
and knowledge and creates the framework for joining efforts when IT solutions are developed.
Indeed, the feedback from participants in joint actions collected under the Performance Measurement
Framework shows that the collaboration robustness between programme participants overall remains at high
levels. Regarding the
degree of networking generated by the programme,
the rates reached since the
launch of the programme have been above target. In particular for 2019, 96.2% of the responding
participants declared that the programme provided a good opportunity for them to expand their network of
(and contacts with) officials abroad; a slightly better result than the one reached in 2018 (95.2%).
Additionally, in the same period, the number of respondents who declared that they have been in contact for
work purposes with the officials they met during programme activities (long-lasting
networking)
averaged
at around 70% from 2014 to 2016, rising to 74.8 % in 2017 and dropping to 62.2% in 2018. This low level of
long-lasting networking, which has always been below target, may be result of an unclear understanding of
the different possibilities to “be in contact”, which more often includes collaborative
tools beyond the
traditional contacts (such as physical meetings or direct phone calls). Additional explanations were included
in the EAF for 2019, which resulted in a slight improvement of this indicator (69.6%).
19
20
Data source changed from Programme Poll to EAF in order to improve data availability for years without poll.
The lasting networking measurement in this report for 2019 (69.6) differs in 0.6 percentage points to the measurement on the 2019 Annual
Activity Report of DG TAXUD (69%) and on the Programme Statement. This is due to the fact that the measurement for the Annual Activity
Report is preliminary (it takes place in February, when data is still not complete; data collection ends in March).
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Indicator: Extent to which
programme outputs (e.g. guidelines
or training material) are shared
within national administrations
Q 1 (AFF): Were the outputs of the
action shared in national
administrations? (percentage agreeing)
Q 2 (EAF): Further to your participation
in this activity, did you share with
colleagues
what
you learned?
(percentage agreeing)
Source
Baseline
(2014)
Target
2014
2015
2016
2017
2018
2019
AFF
48.0%
>60.0%
48.0%
63.5%
63.0%
56.2%
71.5%
52,0%
EAF
96.0%
>90%
96.4%
94.8%
95.8%
92.7%
94.3%
94.7%
The levels of
sharing the programme outputs
(such as recommendations, guidelines, studies, etc.), as
reported by action managers through the Action Follow-up Form, increased in 2015 and 2016, but in 2017
dropped below target. Following a high increase in 2018, the result dropped again in 2019 (52.0%), meaning
that action managers reported that the outputs of their actions were less shared in the national
administrations than in previous years. This decrease does not seem to affect the levels of sharing as
reported by the participants through the Event Assessment Forms: the knowledge acquired from joint
actions was informally spread by participants among colleagues to a very high extent (94.7%), above the set
target of 90.0%.
N.B. Sections 5.2 to 5.6 below provide an analysis of the performance under the different operational objectives. It should be taken into
account that, when referring to the number of joint actions, the figure includes the actions launched in previous years and continued
their activities in 2018, together with the newly launched ones. When counting the number of actions that are operational in a year
under a specific objective, it should also be taken into account that the indicator only counts the actions for which the objective in
question was chosen as primary objective; this is done so to avoid counting twice the same action under different objectives.
5.2
Objective 1: implement, improve, operate and support the European Information Systems for
taxation
At EU level, the fight against tax fraud, tax evasion and aggressive tax planning, and the implementation of
Union law in the field of taxation, are mainly conducted by setting-up IT systems and other mechanisms of
cooperation. These IT systems (EIS) allow tax administrations to exchange information by electronic means.
The great majority of the programme funding (approx. 75%) is spent on the development, acquisition,
installation, maintenance and day-to-day operations of the Union components of these EIS. The list of the
existing EIS is included in the Annex of the Fiscalis 2020 Regulation.
The EIS supported by the programme interconnect tax authorities effectively and enable information to be
exchanged rapidly and by secure electronic means, supporting cooperation amongst them. In addition, the
EIS allows the use of a common format that can be recognised by all Member States and thus facilitate the
coexistence of the different national taxation systems in the Union.
The information exchange is enabled by a closed and secure
CCN/CSI
one of the main outcomes of the
programme. From 2014 to 2019, the CCN/CSI had high availability and the number of exchanged messages
on the network has been rising over time.
This section provides information on the key performance indicators for EIS, together with detailed technical
information on different IT aspects, such as continuity, deployment and development. Joint actions carried
out to support the EIS are also covered (point VI). Annex 1 of this report provides specific information on the
status of the IT projects in the taxation area in 2019.
Operational statistics of key EIS for taxation and its impact on enhancing administrative cooperation
activities are analysed in section 5.3.
I
Overview of taxation IT systems in 2019
During 2019, DG TAXUD continued operating an important portfolio of IT systems (27 in total by the end of
the year), supporting participating countries in their exchanges of information and also supporting legal and
physical persons in their trade relations.
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In the context of modernising the taxation IT systems and/or expanding the scope of tax exchanges with
other partners, the 2019 key achievements in terms of system deployment and development have been:
a) Direct taxation systems:
In the area of direct taxation, the programme funded different activities to support the automatic
exchanges of information under the Council Directive 2011/16/EU on administrative cooperation in
the field of taxation (DAC1) and its subsequent revisions .The last of these revisions (DAC6,
transposition deadline 31 December 2019) provides for reporting of potentially aggressive cross-
border tax planning schemes. During 2019 there were two major developments regarding
DAC6:
the
standard electronic formats for exchange of information and a central directory that enables the
reporting of cross-border reportable arrangements. For further details on the DAC6 system, see case
study in section 6.2.
21
TIN (Taxation Identification Number)-on-the-web:
the Brexit release was deployed in production
in March to respond to a potential withdrawal of the UK in a no-deal scenario.
b) Indirect taxation systems:
The
VAT Information Exchange System (VIES)-on-the-Web
was updated in 2019 in preparation
for a potential withdrawal of the UK in a no-deal scenario. Similarly, there was another release
regarding the VIES on the Web to respond to an eventual no-deal Brexit.
The
Mini One Stop Shop (MOSS)
was being extended during 2019 to comply with the new
measures needed to simplify VAT rules for sales of goods online. As a result, the portal allows
companies that sell goods online to their customers to deal with their VAT obligations in the EU
through one easy-to-use online portal in their own Member State and their own language. Without
MOSS, VAT registration would be required in each Member State into which they want to sell, a
situation cited by companies as one of the biggest barriers for small businesses trading cross-
border.
c) Other:
In 2019, DG TAXUD continued the exploration of the
Blockchain
to evaluate the operational and
governance aspects of this technology.
II - Key performance indicators for European Information Systems
F2020 output indicators
New IT systems
Number of IT projects in the research phase (PP)
Number of IT projects in the development phase (P)
2017
14
8
2018
15
4
2019
22
1
23
1
24
21
Council Directive 2011/16/EU on Administrative Cooperation in the field of taxation (DAC1) and its subsequent revisions:
The first automatic exchange of information took place in 2014 regarding non-financial items (e.g. income for employment) under the Council
Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC1). The second revision of the Directive (DAC2) provided for the
automatic exchange of tax information on financial items on 2016 as of 2017; Fiscalis financed in 2014 and 2015 the definition of the technical
and functional specifications. Taking into account the international context around this initiative (namely, the Foreign Account Tax Compliance Act
- FATCA and the OECD CRS global standard), the developments registered under the programme in this area had a strong international
resonance. The third revision of the directive (DAC3 provided for the automatic exchange of information on tax rulings and advance pricing
arrangement as of 2017. The fourth revision (DAC4) provided for automatic exchanges of country-by-country reporting as of 2018, while the fifth
revision (DAC5 for access to mechanisms, procedures, documents and information as regards beneficial ownership. The sixth revision (DAC6)
introduced the first automatic exchange of cross-border arrangement as of July 2020.
22
The figures reported for 2017 and 2018 in research phase included all projects not in development or production phase, i.e. including dormant
CESOP
e-Commerce
ones such as Country profiles, Tobacco Track and trace, etc. The criteria was changed in 2019 and only those projects in PP were counted.
23
24
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Number of new IT systems in operation (PROD)
Ratio of IT projects in status "green"
26
F2020 output indicators
Existing IT systems
Number of European Information Systems
Regulation
Number of modifications on IT systems in operation
following:
a) business requests
Excise
in
3
82%
2017
4
94%
2018
3
25
100%
2019
operation, as per Annex 1 of the Fiscalis 2020
25
27
27
23
104
57
8
205
199
264
170
21
312
Excise
Direct Taxes
VAT
Recovery
Other
Excise
Direct Taxes
VAT
Recovery
Other
37
70
53
10
208
72
129
85
17
268
Excise
Direct Taxes
VAT
Recovery
Other
Excise
Direct Taxes
VAT
Recovery
Other
29
98
173
0
618
50
134
120
0
397
Direct Taxes
VAT
Recovery
Other
b) corrections
Excise
Direct Taxes
VAT
Recovery
Other
Number of occurrences where the service desk is
not joinable (Member States)
Percentage of service calls answered on time
(Member States)
F2020 result indicators
European Information
Systems
Availability of CCN (% of time)
Availability of VIES-on-the-Web (% of time)
Availability of EMCS (% of time)
Volume of data exchanged on CCN (Customs and
Taxation)
Number of messages on CCN Network (Customs
and Taxation)
None
None
None
99.45%
97.33%
95.91%
2017
2018
2019
99.98%
99.93%
27
99.61%.
99.97%
99.99%
99.56%.
99.47%
99.98%
99.62%
22.89 Terabytes
29.08 Terabytes
32.23 Terabytes
4 348 million messages
5 789 million messages
6 902 million messages
II - IT Continuity
Ensuring the business and IT systems’ continuity is a major responsibility under the programme since
disruptions in the operation of the European tax IT systems would affect national administrations, citizens
and businesses across the entire EU and hamper the functioning of the internal market. All the centralised IT
systems, as well as their underlying infrastructure (CCN/CSI)
developed, managed and maintained by the
Commission - were available from 2014 to 2019 more than 99% of the time meeting the expected targets.
In particular for 2019:
25
26
27
TNA, eFCA, DAC6
Projects that are progressing in line with the requirements, time and budget limitations set-up.
For the month of January where the application suffered from a severe disruption of service, the availability was 99.58% or a total of about 3
hours of cumulative downtime over the month.
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CCN/CSI, the underlying infrastructure supporting both taxation and customs IT systems, was
available from 2014 to 2019 more than 99% of the time during working hours. Specifically during
2019, the availability of this platform was 99.47%, which represents 0.51 percentage points less than
in 2018 and slightly below target (99.90%). The figure of 2019 availability rate reflects planned,
agreed unavailabilities to deploy new CCN releases and new applications on the platform, as per the
MASP-C Revision 2019, endorsed by the Customs Policy Group in December 2019. This was well
communicated in advance to all stakeholders, including national customs and tax authorities, which
did not face any negative impact.
Systems critical for the functioning of the internal market, like the VAT Information Exchange System
(VIES) and the VIES-on-the-WEB application were running without major interruptions, with a very
high availability rate (99.84%).
Another key system, the EMCS, had an availability of 99.62%, slightly above the rate of 2018.
III - Direct Taxation Systems
Main developments in 2019:
DAC6 release:
the IT framework for automatic exchanges of information was expanded for
information of cross-border tax advantage arrangements. According to the Directive 2011/16/EU, the
Commission adopted the following practical arrangements within the legal milestone of 31 December
2019:
o
o
Standard forms (including linguistic arrangements)
A secure Member State central directory
Background DAC information:
The Fiscalis programme has funded over the years different activities to support the mandatory AEOI
under the Council Directive 2011/16/EU on Administrative Cooperation in the field of taxation (DAC1)
and its subsequent revisions.
In December 2018 DG TAXUD published a report on the first experiences of AEOI, which confirmed
that the automatic exchanges have started relatively well, from the perspective of the common IT
framework. All Member States have actively built and accommodated their IT systems that are linked
to the common EU solutions, and all Member States have started secured automatic exchanges of
the planned exchanges of information on:
income from employment, pensions, directors fees, income and assets from immovable
property and life insurance (commonly known as DAC1),
income and assets on financial accounts (DAC2), as well as
advance tax rulings and advance pricing arrangements (DAC3).
country-by-country reporting of multinational enterprise groups (DAC4)
The last of these revisions (DAC6) provides for reporting of potentially aggressive cross-border tax
planning schemes. For further details on the DAC6 see case study in section 6.2
DG TAXUD will continue to monitor the quality and timeliness of the data exchanges, and if possible,
will provide support for the Member States in their efforts to enhance the use of the AEOI data
received from other Member States.
e-Forms Central Application (eFCA):
v1.3.4 was deployed in production on 31 January 2019,
fulfilling the business milestone which was for 01 February 2019. A more advanced version (v1.4.4
dp2) was deployed in production on 14 October 2019. Finally, the latest updated versions (v1.5.0
and v1.5.1-dp1) were deployed in production on 5 December 2019.
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The last Member State administration entered into eFCA operations on 1 August 2019.
Background e-Forms information:
The eFCA is a common application to support the exchange of information between Member States
in taxation different domains in the context of the administrative cooperation. It is operational since
2014 and supports the exchange of information between Member States for VAT, recovery and direct
taxation through a central portal. eFCA has led to significant improvements in maintenance and
usability of the electronic forms.
TIN-on-the-web (ToW):
v1.9.0 Brexit release was deployed in Production on 12 March 2019, in
order to be ready for enabling the Brexit no deal scenario features of the application.
Another version of ToW for Brexit (v1.10.1) was deployed in Production on 31 October 2019.
Background ToW information:
Tax Identification Number on the web (ToW) is a system to provide a web-enabled interface allowing
end-users to verify Taxes Identification Number (TIN) via the Internet for any Member States. It is
operational since 2012.
IV - Indirect Taxation Systems
Main developments in 2019:
VIES-on-the-Web:
Brexit releases followed the business decision on whether Brexit configuration
should be enabled in production environment. In total, four VIES-on-the-web releases were delivered
and tested with Brexit configuration.
Background VIES information:
VIES (VAT Information Exchange System) on-the-web
is an electronic means of validating VAT-
identification numbers of economic operators registered in the European Union for cross border
transactions on goods or services. Thanks to VIES-on-the-web, economic operators no longer have
to use the intermediary national administration to validate the VAT numbers of their trading partners,
directly reducing the lead-time, the administrative burden and compliance costs for the traders and
the national administrations. At the beginning of 2017, the number of VIES-on-the-web validations
were more than 1260 million and this figure was further increased during 2018, up to 1 860 million
messages (47.3% higher). In 2018, VIES on-the-web messages accounted for 63.46% of the total
messages exchanged in the different VIES systems (Registry, Turnover Data and Member State
Warning in addition to VIES on-the-web).
The development and the transition activities on the Member States administrations side for the
VIES Call-off stocks
scope, were initiated during 2019. The Functional Specifications were made
available to Member States in March. The VIES Call-off stocks Conformance Testing Campaign
started in September.
The migration of VAT
Refund domain into Conformance Testing Application took place on 4 April
2019, achieving one more milestone for the project.
The latest version of the
e-Forms Central Application (eFCA) VTA Domain
was deployed in
production on 26 March 2019, five days earlier than the business milestone, which was set on 1 April
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2019. National tax administrations officially start their operations on 10 April 2019 (including
Norway), while the last administrations entered into eFCA VTA Domain production on 1 August
2019.
SEED (System of Exchange of Excise Data):
two official Conformance Testing campaigns were
launched for the Brexit no-deal scenario. In February, CA SEED stress tests were performed.
Namely, EU27 Member State administrations were invited to perform two retrievals of the UK test
data simultaneously from Central SEED Database in Conformance.
Also in the area of excise systems, the expert team m-EMCS continued working during 2019 to
create a
mobile application for excise movement controls
(for further details on m-EMCS expert
team, see section VI-
“Member States joint actions in the area of IT”).
Background EMCS/SEED information:
The
EMCS
is a computerised system for monitoring the movement of excise goods under duty
suspension within the EU. It records, in real-time, the movement between authorised consignors and
consignees, of alcohol, tobacco, and energy products for which excise duties have still to be paid.
More than 100 000 economic operators currently use the system, and it is a crucial tool for
information exchange and cooperation between Member States.
SEED (System of Exchange of Excise Data)
is a register of economic operators, part of which
traders can consult online, to see whether a given excise number is valid and what categories of
goods the operator in question is authorised to trade. It is a core component of the EMCS, as it
allows Member States' administrations to validate authorisations of traders before giving them
permission to move any excise goods under duty suspension.
The
Transaction Network Analysis (TNA)
Operational Team started using TNA in productions in
May 2019, focusing on Data Process. The Beta release for
the Member States’
users officially
opened to users in October. Last version of TNA was deployed in production in December.
Background TNA information:
The
Transaction Network Analysis (TNA)
is a custom built software to facilitate information
exchange and data analysis within Eurofisc network, whose core software was developed by the
Commission.
This new electronic tool is expected to detect VAT fraud at an early stage: TNA is an automated data
mining tool that interconnects Member States’ tax IT platforms; in this way, cross-border
transaction
information can be quickly and easily accessed, and suspicious VAT fraud can be reported nearly in
real time.
Besides closer cooperation between the
EU’s network of anti-fraud experts (“Eurofisc”), when
analysing information on carousel VAT fraud, TNA also boosts cooperation and information
exchange between national tax officials. Eurofisc officials can now cross-check information against
criminal records, databases, and information held by Europol and OLAF.
The TNA was supported by the work of a Fiscalis expert team. See further details on the
TNA expert
team
under section VI - Member States joint actions in the area of IT.
V
Other IT systems
Blockchain
is one of the potentially foundational technologies identified by the Commission to enable the
Digital Single Market. After having started the Blockchain@TAXUD initiative in 2017, DG TAXUD evaluated
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further if this technology was suited for taxation (and customs) in collaboration with other Commission
services. Following a Proof of Concept launched at the end of 2018 involving 8 Member States, DG TAXUD
organised a training during the first quarter of 2019 regarding the deployment step. Later in the year, a
network involving 3 nodes from the participating Member States was successfully deployed.
VI - Member States joint actions in the area of IT
There
was an increase in the number of joint actions organised during 2019 under the objective “Implement,
improve, operate and support the European Information Systems for taxation”. This figure represents an
increase of 81% by comparison with 2018 (11 joint actions). These joint actions were mostly project groups,
working visits and workshops. In addition, different trainings activities in the area of IT were organised (see
Section 5.4 dedicated to the reinforced skills and competences of tax officials).
A number of
project groups
continued from earlier years. These included the IT Collaboration Catalyst
Group, the IT Infrastructure group, a project group on Blockchain technology and the IT systems trainings
project group. The project group on
Implementation of VAT e-commerce package
continued its work on
modernising VAT for cross-border B2C (business to consumer) e-Commerce with a view at simplifying the
obligations for traders not established in the Member State of consumption. In particular, the project group
focuses on the extension to all cross-border B2C transactions (goods and services) with big IT impacts: from
the Mini One Stop Shop (MOSS) to the One Stop Shop (OSS).
Different new project groups were launched during 2019:
Direct Taxation Data Analysis Tool on
AEOI: the aim of the project is to build a data analysis tool
to support efficient use of DAC data in order to ensure tax compliance in cross-border situations, and
to reveal tax evasion or tax fraud.
Data Quality Community on AEOI:
the objective of this project group was to make an assessment
of the quality of AEOI data by all countries on a common, comparable basis, which will be used to
identify sources of low quality data. On such quantitative basis, corrective actions can be taken at
national level. The expected business outcome on the medium-term is a global improvement of
quality of AEOI data collected from domestic sources and thereafter being exchanged between
national tax administrations, and hence a higher chance to detect fraudulent activities.
Data Protection Compliance Network
(project group common to both Customs and Fiscalis
programmes): the project group aims at exchanging knowledge and experience between data
protection experts in Member States and in the Commission and at identifying problem areas,
discuss options and provide solutions for issues emerging during the data protection compliance
activities.
Five
working visits
were organised regarding EIS for taxation, involving seven Member States and covering
aspects such as data analytics, new audit techniques, behavioural insights and transfer pricing methods.
Three
workshops
took place during 2019 in the EIS area. One of them, which took place in October
(Brussels), brought together 22 participants to discuss about data protection compliance of the trans-
European IT systems for taxation.
Expert teams
represent a recent tool from the Fiscalis 2020 programme toolbox supporting enhanced
operational collaboration, either on a geographic or on a thematic basis. This tool allows willing Member
States to bring their cooperation to a next dimension of European integration at the policy implementation
level. The expert team approach allows taxation experts of Member States to have in depth cooperation on
operational issues, which go beyond the traditional means of cooperation to realise the pre-identified
objectives of a common long-term project.
In 2019, one new expert team was launched in the area of IT (Managed IT Collaboration 4), which will
extend its activities during 2020. The three existing expert teams (TNA, Mobile application for EMCS
Controls and Excise Duty Calculator development), continued with their work in 2019:
Managed IT Collaboration (MANITC 3)
expert team finished its activities in September 2019 and
renewed in October under the grant agreement of
MANITC 4.
The team runs for 18 months, ending
in March 2021. The objective of this expert team for MANITC is to pool EU Member States resources
to strategically and efficiently manage IT Collaboration initiatives in the field of taxation. In the
context of
“IT Collaboration”
the overall objective is the
joint implementation of IT systems, e.g. the
development and knowledge sharing of IT software, IT solutions, IT components or other things that
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support an IT solution. The suggested structured approach to IT collaboration aims for maximum
ownership of Member States. By supporting not only the activities of
FPG/037 IT Collaboration
Catalyst Group
but also Member States actively involved in IT Collaborative projects, MANITC aims
to increase the number of new IT Collaboration projects towards the common vision of making the
approach the new standard way of doing IT in the taxation area.
Participating countries: Romania, Ireland, Italy, Latvia, Hungary, Portugal, Finland
Duration: 18 months.
TNA
expert team: the objective is to
group EU Member States’
resources to assist the Commission
in the development of Transaction Network Analysis (TNA) software. TNA is a custom built software
to facilitate information exchange and data analysis within Eurofisc network, whose core software is
to be developed by the Commission. The expert team performs development tasks that require
access to Eurofisc operational data. Those tasks include the development of algorithms to be
applied to Eurofisc operational data. In addition, the expert team performs testing of TNA software
when access to operational data is needed, as well as such tasks as user management, usage
supervision and user support.
The expected results of the TNA expert team are: (1) the initial set of algorithms that will be used by
TNA, (2) test of TNA using operational data have been executed in accordance with testing
scenarios and (3) TNA becoming operational.
The expert team works under the guidance received from Eurofisc Working Field 6 where strategic
business decision regarding TNA will be taken. The expert team is accountable and will report to the
Eurofisc Working Field 6 and to DG TAXUD.
Participating countries: Belgium, Austria, France, Hungary, Italy, Spain, the Netherlands
Duration: 18 months.
Mobile application for EMCS Controls (m-EMCS)
expert team: its objective is to provide
administration officers with a mobile solution allowing them to consult an electronic administrative
document (e-AD) and, when applicable, generate a control report during a road control or any other
control activity that occurs outside of their office. For example, during a road control, m-ECS will
allow officers to consult an e-AD, check its content against the goods on the truck and, if any
irregularity is found, to report it immediately, using the same instrument that will be able to build a
control report based on the e-AD, store it and disseminate it.
The development of such solution required a focused and dedicated approach, which cannot be
ensured by a Fiscalis project group, hence the need to set up an expert team. A group of Member
States, as part of the expert team for MANITC II, prepared
the expert team’s
implementation plan
and specifications.
Participating countries: Belgium, Latvia, Portugal, Italy
Duration: 32 months.
Excise Duty Calculator (EDC)
expert team: the objective of this expert team is to provide traders
and tax administration officers with a tool to automatically calculate excise duty for goods in
movements under duty suspension in the EU. This will allow, for example, an operator to know the
amount of tax for a specific excise product in another Member State by entering the minimal inputs
and obtaining automatically the result without any need of manual calculation or documentation
research.
A group of Member States worked first in a Fiscalis Project Group FPG/072 proposed by France,
and later as part of the expert team for MANITC II to initiate the development of such Excise Duty
Calculator.
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Participating countries: France, Italy, Belgium, Portugal
Duration: 36 months.
The stakeholders’ assessment of
the IT related joint actions was in general terms very positive in 2019 and
well above target levels. There is however a big decrease in the indicator measuring the level of
achievement of results as reported by action managers: from 4 in 2018 (maximum score) to 2.8 in 2019. The
reason for such a drop are two multilateral controls for which the level was reported as 0 for very concrete
reasons . If we disregard these two replies to the Action Follow-up Form, the value of the indicator becomes
3.5 (above target and similar to previous years). The specific Action Follow-up Form for working visits shows
the same level of achievement of results (3.5) regarding working visits organised in relation to EIS.
28
Participants’ feedback on 'fulfilled results', 'met
expectations' and 'usefulness' continues to be very positive
for events organised under this objective, with rates similar to previous years and well above targets.
Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Extent to which JAs (that sought
to contribute to the availability,
reliability
EIS)
and/or
quality
of
their
(specific) Union components of
have
achieved
intended result(s), as reported
by action managers: average
score on the scale of 0 (not
achieved) to 4 (fully achieved)
Participants’ views on the extent
to which a JA (that sought to
contribute to the availability,
reliability
and/or
quality
of
(specific) Union components of
EIS) (has) achieved its intended
result(s) (percentage of those
who replied 'fully' or 'to large
extent')
Participants’ views on the extent
to which an event met their
expectations
large extent')
Participants’
usefulness
(percentage
views
of
of
an
those
on
the
event
who
(percentage
of
those who replied 'fully' or 'to
AFF
(excl.
Working
Visits)
2.54
(2014)
>3.00
2.54
3.44
3.54
3.55
4.00
2.80
EAF
91.2%
(2014)
>80.0%
91.2%
97.5%
94.8%
97.1%
97.7%
95.8%
EAF
92.6%
(2014)
>80.0%
92.6%
95.9%
92.8%
96.4%
93.5%
95.1%
EAF
97.3%
(2014)
>80.0%
97.3%
99.2%
98.4%
99.3%
98.1%
99.0%
replied 'very useful' or 'useful')
5.3
Objective 2: support administrative cooperation activities
Under this objective, we look at the different activities that supported administrative cooperation between
national tax authorities. Administrative cooperation is of vital importance as no single Member State can
28
In one of the Multilateral Controls, the action manager reported
that the lack of results were “Because
the case is not yet closed and the facts
of the
case still have to be clarified”. It was also reported that the support received by the programme support team and the host country
were
satisfactory. In the other Multilateral Control, the action manager reported that the results were not achievement at the time of reporting (i.e.
March 2020) as the kick off meeting was postponed to April 2020, i.e. there was still nothing to report on.
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manage its internal taxation system without receiving information from other Member States. Administrative
cooperation is facilitated by both joint actions and the use of the European Information Systems.
Joint actions linked to support administrative cooperation represented the biggest number of joint actions
under the programme in 2019: there were in total 346
joint actions
organised under this objective, 15 more
than in 2018. The most numerous actions were multilateral controls (192), followed by PAOE (80), working
visits (27), project groups and administrative cooperation activities (19 each) and workshops (9). The
assessment of action managers indicates that business owners are satisfied with the overall progress, with
an average result of 3.18 (scale from 0 to 4) showing that the results are assessed as largely/fully achieved.
The specific Action Follow-up Form for working visits shows even a higher level of achievement of results (4,
the maximum) regarding working visits organised in relation to support administrative cooperation activities.
Participants' feedback on the 'achievement of results', 'usefulness' and 'met expectations' have been also
very since the launch of the programme, with values throughout the period well above baselines and targets.
Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Extent to which JAs (that sought to
enhance administrative cooperation)
have
achieved
as
their
intended
by
action
result(s),
reported
AFF
2.77
(2014)
> 3.00
2.77
3.18
3.06
3.05
3.71
3.18
managers: average score on the
scale of 0 (not achieved) to 4 (fully
achieved)
Participants’ views on the extent to
which a JA (that sought to enhance
administrative
achieved
its
cooperation)
intended
(has)
results
EAF
87.6%
(2014)
>80.0%
87.6%
93.1%
93.4%
96.1%
96.6%
92.1%
(percentage of those who replied
'fully' or 'to large extent')
Participants’ views on the extent to
which
an
event
met
their
expectations (percentage of those
who replied 'fully' or 'to large extent')
Participants’ views on the usefulness
of an event (percentage of those
who replied 'very useful' or 'useful')
EAF
95.3%
(2014)
> 80%
95.3%
93.13%
96.63%
98.76%
98.68%
96.78%
EAF
86.2%
(2014)
> 80%
86.2%
93.13%
93.03%
95.03%
94.48%
91.83%
The most numerous joint actions were
MLCs.
Multilateral control means a co-ordinated control of the tax
liability of one or more related taxable persons, organised by two or more participating countries, which
include at least one Member State and which have common or complementary interests. The Fiscalis 2020
programme supports MLCs by providing an organisational, methodological and financial framework for their
implementation by having preparatory and follow-up meetings under the programme, which allow
coordinating the actual audits that are carried out by national officials on their own territory. According to the
results of the mid-term evaluation of the programme, MLCs are one of the most popular action types, with
over 5 000 officials taking part in them in 2014-2019 (of which 1140 in the last year). Multilateral controls
have consistently led to recovered revenue and increased compliance, which provides ample evidence that
practical administrative cooperation not only takes place, but that it is also effective.
Indicator
29
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Total number of MLCs operational
ART
76 (2014)
Grow
76
113
131
161
179
198
29
This indicator comprises MLCs organised under all operational objectives of the programme.
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Indicator
29
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Number
of
Member
States
ART
23 (2014)
Grow
23
27
28
27
28
27
participating in MLCs
Number of Member States initiating
MLCs
Degree
to
which
results
were
AFF
2.78
(2014)
>3.00
2.78
3.08
2.70
2.71
3.42
2.40
ART
16 (2014)
Grow
16
19
20
17
13
8
achieved, as assessed by the MLC
coordinator
In 2019, we can notice a decrease in the number of Member States that initiated MLCs. This fact did not
seem to have any impact in the number of MLCs conducted (increase by comparison with 2018) or in the
number of Member States that participated in the MLCs (overall stable).
For further details on MLCs, please see the case study on section 6.4.
Indicator
Number of presences in the offices
and
participation
in
administrative
ART
49 (2015)
enquiries
Source
Baseline
Target
Grow or
stable
2014
2015
2016
2017
2018
2019
0
49
40
60
86
80
The Fiscalis 2020 programme introduced a new category of joint actions aimed at supporting administrative
cooperation, the presences in the offices and participation in administrative enquiries (PAOE). In practice,
this means that the tax inspectors from one Member State can be present in another Member State when
colleagues from this other Member State carry out their duties in administrative offices or during
administrative enquiries. This can be extremely useful, in particular where there are indications of
irregularities or large-scale cross-border fraud in one or more Member States; in cases whose complexity
makes the presence of officials desirable; or in cases for which the prescription period is due to expire and
where the presence of officials can speed up the enquiry.
There were 80 ongoing PAOE activities in 2019, which represents a slight decrease from the previous year.
When comparing the data with those of 2018 we should take into account that the high number of PAOE in
2018 was not only caused by a high number of PAOE initiatives during the year, but also by the fact that it
was decided to create specific ART codes for each of the companies covered.
Finland, Latvia and the UK launched most actions. In particular, Finland launched in 2019 different PAOE to
investigate permanent establishments in its country. For instance, Finnish tax officials visit The Netherlands
to investigate a Dutch company that sells cut flowers and plants to Finnish customers (online or directly from
the company’s special
built lorries when these lorries were coming to Finland). Therefore, a permanent
establishment could likely be determined to exist in Finland. The company in question, despite being VAT
registered for years in Finland, had an outstanding tax debt of more than one million
to the Finnish Tax
Administration. Other example of PAOEs during 2018 cover different topics such as transfer pricing, missing
traders, constructions workers or online betting.
Operative interventions in the form of multilateral controls and PAOEs are of great importance when
pursuing international tax fraud, evasion and avoidance in an increasingly globalised world. The legal,
methodological and practical framework, as well as the financial support from the programme, enable
administrations to conduct cross-border investigations and controls, and build cases in cooperation with
each other. There is a strong sense of these actions being based on a clear necessity for EU intervention
(mainly, in order to provide the legal framework for exchanges) and a focus on operative solutions to
problems, according to the conclusions of the Mid-term Evaluation of the Fiscalis 2020 programme.
Amongst the project groups, 7 were dedicated to different aspects of Eurofisc, a network of national EU
Member States’ analysts working in different areas of fraud risk. It was set up in 2010 to improve the
capacity of Member States to combat organised VAT fraud, especially carousel fraud. Eurofisc allows
Member States to exchange early warnings on businesses suspected of being involved in carousel fraud.
The first of the project groups organised under Fiscalis 2020 relates to the practical functioning and
operation of the Eurofisc Group as well as the work to be carried out within the different working fields. There
are in addition 6 project groups, one for each of the working fields of Eurofisc: missing trader intracommunity
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fraud; cars-boats-planes; customs procedures and VAT fraud in intracommunity trade; VAT fraud
observatory; control of e-commerce and TNA (Transaction Network Analysis). In addition to the above-
mentioned existing project groups, a new project group was launched in 2019 dealing with Eurofisc
governance.
Another important way of enhancing the administrative cooperation between tax authorities is through the
EMCS - a computerised system for monitoring the movement of excise goods under duty suspension in the
EU. It records, in real-time, the movement of alcohol, tobacco, and energy products for which excise duties
have still to be paid.
At the level of usage performance, if we compare the operational statistics from 2018 and 2019 we can
observe the following:
Figure 10 shows an improvement in the number of EMCS Phase 3 Core Business Messages. In
short, the following graph indicates that 6 951 852 EMCS Core Business Messages were processed
during 2019 (on average 265 180 per month) under control of the EMCS system. The number
increased by 0.71% compared to 2018. The highest number of messages (649 654) was observed in
November 2018.
Figure 10: Evolution in the Number of EMCS Core Business Messages (2018
2019)
Figure 11 shows the total average response time between the submission of movements and their
corresponding Report of Receipts. The selection of the movements that are taken into consideration
for the average response time is based on the submission time of the Report of Receipt. The total
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average response time during the last 24 months is 8.27 days. The total average response time was
stable during 2019 with an average monthly value of 8.32 days.
Figure 11: Total Average Response time (2018– 2019)
Figure 12 shows the trend on the number of EMCS Follow-up and Collaboration Messages during
2018 and 2019. These requests are used to request information about movements and / or individual
traders, as well as access to archived messages held in another Member State.
During 2017, the usage of the Administrative Cooperation Request messages decreased by 9.75%
compared to 2016. The usage of the Administrative Cooperation Request messages decreased by
13.15% compared to 2018.
Figure 12: Evolution of EMCS Follow-up and Collaboration Messages
Administrative cooperation
messages (2018
2019)
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In the area of
e-Forms exchanged
(number of messages exchanged by national tax authorities via
the taxation mailboxes on CCN), the numbers of these messages for direct taxation in 2019
increased 44% by comparison with 2018. Figure 13a below provides further details regarding:
-
-
MUTASSIST: mailbox used for the exchange of forms between Member States in the field of
Direct Taxation under DAC.
DIRECT TAXATION: Exchange of information concerning the Savings Directive
Figure 13a: CCN/Mail3
exchanges per quarter (Q1/2018 - Q4/2019) for direct taxation
Figure 13b below shows the usage pf CCN/Mail3 for indirect taxation, in particular regarding:
-
-
-
-
-
-
CLO FOR VIES: Central Liaison Office for VAT Information Exchange System
VAT ON e-SERVICES: Exchange of the information related to VAT on e-Services
MLC: Exchange of information for VAT-related Multi-Lateral Controls
MOSS: Exchange of information related to MOSS
RECOVERY: Exchange of Recovery e-Forms and related information
TAX AUTOMATIC: Automatic exchanges and Structured Automatic exchanges (Information on
non-established traders, new means of transport, distance selling not subject to VAT)
- TAX FRAUD: Exchange of e-Forms related to specific cases of suspected fraud. Mailbox used
by EUROFISC
- TAX SERVICE: Exchange of VAT Algorithms and other IT related information
- VAT REFUND: Exchange of information related to VAT Refund
The number of messages exchanged via these mailboxes was decreased by 31.49% (452 868 in 2019
compared to 344 407 messages in 2018). Recovery e-Forms messages account for 63.85% of the total
messages exchanged via the Taxation mailboxes during 2019.
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According to figures showed in Figures 13a and 13b, it is observed that there is no specific trend or a
recognizable pattern regarding the way that messages fluctuate over time.
Figure 13b: CCN/Mail3
Exchanges per quarter (Q1/2018
Q4/2019) for indirect taxation
When it comes to the
VAT Information Exchange Systems (VIES),
the table below shows an
increase on the total number of various types of VIES messages, i.e. Registry, Turnover Data (TOD),
and Member State Warning (MSW), by comparison with the previous year. The total number of VIES
messages (VIES on the Web messages included) was almost 2 098 million in 2019, meaning that an
increase of 239 million messages representing 12.87% is observed compared to the 1 859 million
messages in 2018.
Table on the evolution over the last two years of VIES Messages per quarter, in millions.
Type of
Messages
Registry
Messages
TOD
Messages
MSW
Messages
VoW
Messages
30
Total
Number
Q1'2018
119.1
27.7
138.2
402.2
687.3
Q2'2018
111.4
22.4
125.9
408.8
668.5
Q3'2018
117.6
19.0
112.7
521.3
770.6
Q4'2018
136.6
20.9
118.7
526.8
803.0
Q1'2019
158.3
23.6
120.2
439.2
741.3
Q2'2019
220.3
26.3
88.5
452.9
788.0
Q3'2019
142.8
18.4
70.2
533.2
764.6
Q4'2019
152.1
23.4
133.9
673.2
982.6
30
This number is not the actual traffic Member State Administrations are experiencing, since the number from blocked IP addresses is also
included. The number is generated from TSS in consolidated mode and no distinction is possible at the moment.
31
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In the table, the types of messages relate to:
Registry Messages: the trader VAT number is checked against the construction rule of the
destination Member State
TOD Messages: each Member State must collect on a monthly basis (or less frequently) the
recapitulative statements issued by intra-community suppliers on its territory. The monthly
recapitulative statement of a given supplier corresponds to the total value of his supplies to each of
his purchasers in any other Member State, together with their intra-community VAT identification
numbers
MSW: after reception of an enquiry from a Member State Administration-A, the Member State
Administration-B may reply with a Member State warning message notifying the Member State
Administration-A that the enquiry cannot be satisfied. The message includes the type of the enquiry
it replies to.
Objective 3: reinforce skills and competences of taxation officials
5.4
Under this objective, we are measuring indicators related to the use of the different types of training activities
provided under the programme: the e-Learning courses and the IT trainings for European Information
Systems. There are also other types of activities with a learning dimension organised under the programme,
such as seminars, workshops and working visits. However, they are assessed in relation to their primary
business objective and reported on in other chapters.
Indicator
Source
Baseline
Target
2014
value
2015
value
6
2016
value
18
2017
value
36
32
2018
2019
Number of EU eLearning
modules produced
31
Number of EU eLearning
modules
participating
modules
country)
used
used
by
countries
in
each
EC
6 (2013)
Grow or
stable
6
192
33
210
34
EC
60
(2014)
Grow
60
62
170
123
165
182
(combined number of all
Number of tax officials
trained
by
using
EU
common training material
EC
4 862
(2013)
Grow or
stable
compared
to
baseline
4 171
5 188
4 421
32 908
15 739
53 845
Number of times publically
available
EU
eLearning
EC
3 609
(2014)
Grow or
stable
4 332
3 416
18 456
8 592
6 772
7 344
31
This indicator counts the modules as English (master version) and further localised versions in EU languages as requested by participating
The indication of '36 eLearning developments' in 2017 relates to re-development and updating of the EU VAT FRAUD course (in 12 languages)
The indication of 192 eLearning modules produced in 2018 relates to the technical migration of the complete VAT eLearning Programme (12
The indication of 210 eLearning modules produced in 2019 relates to the Brexit compliant update of the complete VAT eLearning Programme
countries, as the resources needed to develop each localised version request approx. 60% of the resources spend for the original English version.
32
and the production of further national language versions of the EU VAT EU eLearning programme.
33
modules) and the migration as well of the languages versions of each modules (available in 16 languages).
34
(12 modules) and the languages versions of each module (available in 17 languages) and the content and technical update of 2 EMCS modules
(EMCS Core module and 5 modules of EMCS Business Programme).
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Indicator
Source
Baseline
Target
2014
value
2015
value
2016
value
2017
value
2018
2019
modules were downloaded
from Europa.eu website
compared
to
baseline
Average
training
quality
EC
67.0
(2015)
35
>70.0
73.0
67.0
70.8
75.1
77.3
73.0
score by tax officials
The Fiscalis 2020 programme finances the development of
eLearning courses
on topics of common
interest in collaboration with tax administrations and representatives of trade. Such courses support the
implementation of EU legislation and ensure the dissemination of good taxation practices throughout the
European Union.
In total, the number of officials trained has increased, showing the great impact of the redeveloped and
updated VAT Programme for the administrations. The training quality score of the EU Tax eLearning
portfolio, regarding technology, content and methodology is on average 73 points out of 100 (50-75 means
“good” and 75-100 means “very good”)
demonstrating a good appreciation.
Traders and the public, who can download EU Tax eLearning courses freely from EUROPA website,
downloaded EU Tax eLearning courses in total 7 344 times and reported 63 112 trainees on the EU tax
courses. This represents a considerable number given that the EU VAT eLearning programme and other
courses have been already in the portfolio for a few years.
In 2019, in particular the EU VAT eLearning programme consisting of 12 eLearning modules (VAT
Introduction, VAT Territory, VAT Taxable Person, VAT Transaction, VAT Place of Taxable Transactions,
VAT Digital Services and MOSS, VAT Chargeable Event and Taxable Amount, VAT Rates, VAT
Exemptions, VAT Right to Deduct, VAT Refund and VAT Obligations) was extensively used by national
administrations and economic operators. In the different modules, the quality scores are similar in content,
methodology and technology. The technology used is highly appreciated this year. The effort for making the
eLearning courses compatible with different work environments and available in different devices and the
easiness in using the modules have been appreciated by the users.
In 2018 an EU-wide survey on Human Capacity Building Maturity in national tax administrations was
performed and resulted by end 2019 in the availability of the
first common EU TAX Competency
Framework (TaxCompEU),
that provides national tax administrations with a common reference standard for
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optimal staff performance, based on identified common tax values, operational tax competencies,
professional and management competencies and tax career paths. Implementation in national tax
administrations’ HR structures will be further accompanied and supported as of 2020.
For further details on
the EU Tax Competency Framework (TaxCompEU), see case study in section 6.5.
Specifically in the
area of IT
, during 2019 there were 28 training sessions organised by DG TAXUD for
national tax officials on how to use various European tax and excise IT Systems, such as CCN CSI, CCN2,
EMCS, recovery e-Forms Central Application and TNA. This number represents an increase of 33% over the
previous year. The same increase rate (33%) applied to the number of participants. These IT training
sessions received very positive feedback from the participants in terms of their usefulness and meeting the
participants’ expectations, very well above
target.
Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
36
Number of IT training
sessions organised for
given
refund,
MOSS )
Number of tax officials
trained in IT trainings
systems
/
components (e.g. VAT
EMCS,VIES,
ART
12 (2014)
Grow or
stable
compared to
baseline
12
21
36
23
21
28
ART
106
(2014)
Grow or
stable
compared to
baseline
106
136
225
324
226
301
Percentage
of
tax
EAF
87.3%
(2014)
>80.0%
87.3%
93.0%
95.0%
95.9%
95.0%
96.3%
officials who found that
the IT training met their
expectations (percentage
of
those
who
replied
'fully' or 'to large extent')
Percentage
training
to
of
be
of
tax
useful
those
EAF
95.8%
(2014)
>80.0%
95.8%
98.0%
98.0%
97.5%
96.6%
97.6%
officials who found the IT
(percentage
or 'useful')
who replied 'very useful'
5.5
Objective 4: enhance the understanding and implementation of Union law in the field of
taxation
There were 43
joint actions
operational under this objective in 2019, 4 more than in 2018 although still
below the baseline (46). When looking at the number of actions, we should take into account that, while
earlier years had more actions in total, and more actions specifically addressing concrete issues, in the last
years many actions were to a greater extent organised in broader projects covering themes rather than
specific interventions. Content-wise, the projects are usually multi-annual rather than annual, as the actions
and processes they cover stretch over more than one year. This may lead to less new initiatives and in a
decrease in the total number of actions for a specific year.
Out of the 43 joint actions, 25 were
working visits,
with Czech Republic, Bosnia-Herzegovina and Serbia
being highly involved as the sending administrations.
Nine
project groups
were equally active during the year under this objective. Four of them were launched in
2019, dealing with the classification and taxation of (new) tobacco products, the provisions for small and
36
Training sessions in the area of IT are organised in the form of Project Groups.
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medium producers of alcohol beverages, losses due to the nature of the goods and the European network of
national promoters to support tax education for young people. The already existing project groups on
methodologies to assess the revenue impact of the Corporate Income Tax reforms, the Implementation of
Art. 10 of the Directive on Dispute Resolution Mechanisms, tax cooperation with third countries and
OLAF/Europol exchanges of information under Regulation 904/2010 (Eurofisc).
Eight
workshops
were organised during the year covering different areas. Regarding VAT, a series of
workshops took place on VAT case-law, VAT split payment, transaction-based VAT reporting as means of
fraud proofing the definitive VAT system and VAT in the digital age. Two workshops were organised
regarding the UK withdrawal of the EU (one on VAT related matters and the other on excise taxation). The
joint workshop Fiscalis2020-Customs2020 "Preparation
of Explanatory Notes on the VAT e-commerce
Directive
37
” was
organised in September 2019, in Madrid (Spain). Article 4 of this Directive stipulates that
Member States shall adopt and publish, by 31 December 2020, the laws, regulations and administrative
provisions necessary to comply with all new rules contained in the VAT e-Commerce package, which will
enter into force on January 2021. These rules target distance sales of goods both within the EU and for
small parcels being imported into the EU and sold to final consumers within the EU. They also entail
provisions for making marketplaces deemed suppliers under certain conditions. After the adoption of the
legislation, discussions with Member States were conducted to obtain a common understanding of the
implementing rules (workshop held in Malta in 2018). Given the complexity of the subject matter, it became
important in 2019 to prepare Explanatory Notes in cooperation with Member States and businesses by
means of a workshop.
Union Law and Policy Application and Implementation Index
Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Extent to which JAs (that sought to
enhance
the
understanding
and
implementation of Union law in the
field of taxation) have achieved their
intended result(s), as reported by
action managers: average score on
the scale of 0 (not achieved) to 4
(fully achieved)
Participants’ views on the extent to
which a JA (that sought to enhance
the
understanding
and
implementation of Union law in the
field of taxation) (has) achieved its
intended
extent')
Participants’ views on the extent to
which
an
event
met
their
expectations (percentage of those
who replied 'fully' or 'to large extent')
Participants’
views
on
the
results
(percentage
of
those who replied 'fully' or 'to large
AFF
2.66
(2014)
>3.00
2.66
2.87
3.75
3.75
3.00
3.20
EAF
93.5%
(2014)
>80.0
%
93.5%
91.6%
85.4%
85.5%
89.0%
96.6%
EAF
94.5%
(2014)
>80.0
%
94.5%
92.7%
86.6%
84.7%
88.0%
94.9%
EAF
100.0%
(2014)
>80.0
%
100.0
%
100.0
%
97.6%
98.0%
98.1%
99.2%
usefulness of an event (percentage
of those who replied 'very useful' or
'useful')
37
Council Directive (EU) 2017/2455 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations
for supplies of services and distance sales of goods, adopted on 5 December 2017.
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Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Number of actions (JAs) that have
supported or facilitated to enhance
the
understanding
and
implementation of Union law in the
field of taxation
Number of recommendations (R) /
guidelines (G)
objective)
/ other outputs (O)
issued further to a JA (under this
ART
38
46
(2014)
Grow
or
stable
compar
ed to
baselin
e
On
averag
e at
least
one
output
per
action
46
71
50
35
39
43
AFF
39
2014:
0 (R)
0 (G)
15 (O)
0 (R)
0 (G)
15 (O)
11 (R)
0 (G)
6 (O)
0 (R)
1 (G)
5 (O)
1 (R)
0 (G)
8 (O)
0 (R)
0 (G)
6 (O)
0 (R)
0 (G)
6 (O)
The Union Law and Policy Application and Implementation Index provides a comprehensive overview of the
performance of the joint actions organised under this objective. The main indicator relates to the level of
achievement of expected results, as they were identified prior to the activity and later evaluated by their
action managers. The obtained value of 3.2 (on a range between 0 and 4) indicates that the action
managers are satisfied with the progress obtained by the activities organised. This figure represents a slight
improvement from 2018 and keeps the overall tendency initiated in 2016 by comparison with baseline and
the first two years of the programme. The feedback provided by action managers specifically for working
visits (which follow an independent survey) supports this positive assessment, with a value of 3.3 regarding
the achievement of results.
Such a positive assessment is also confirmed by participants to joint actions, who have expressed very high
levels of satisfaction with the activities in terms of ‘meeting their expectations’
94.9% (more than 6
percentage points than in 2018). The number of officials participating to these activities who found them to
be professionally 'useful' or 'very useful' has also increased in 2019, together with the number of participants
for which the intended results were achieved to a fully/large extent (96.6%, the highest result since the
launch of the programme).
The output indicators included in this group relate to the number of recommendations, guidelines and other
types of outputs produced by the joint actions organised under this objective. It is worth clarifying that the
recommendations and guidelines are counted here individually, rather than by the number of documents
containing them. Under 'other outputs', we count studies, reports, measures, presentations and other
reported types of outputs. There has been a significant fluctuation in this indicator between the three years,
both positive and negative. Fluctuations in these indicators, however, need to be interpreted carefully, as not
every recommendation or guideline is equally important. Furthermore, the number of outputs depends
largely on the business need and the type of the subject matter addressed by the programme action. With
these considerations in mind, it is difficult to set concrete targets for this indicator. For this reason, the initial
target at the launch of the programme in 2014 was to have annual increase/stability in the score. A possible
approach to a more concrete target could be to rather set a minimum target of at least one output per action
in a given year. Such a target would demonstrate that on average all programme activities produce outputs.
With 6 outputs produced in 2019, we can see that the target has not yet been achieved, and that there is
stability in the results if we compare it with previous years.
5.6
Objective 5: support the improvement of administrative procedures and the sharing of good
administrative practices
The improvement of administrative procedures and the sharing of good administrative practices take place
at several levels in the programme. It is mainly achieved through joint actions, the European Information
Systems and the online collaboration platform PICS.
38
39
Excluding working visits and expert teams.
Excluding working visits and expert teams.
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The number of
joint actions
under this objective, with 208 joint actions operational in 2019, was above
baseline but still decreasing since the peak number reached in 2017. As was the case under other
operational objectives, we should take into account that, while earlier years had more actions in total, and
more actions specifically addressing concrete issues, in the last years many actions were to a greater extent
organised in broader projects covering themes rather than specific interventions. Content-wise, the projects
are usually multi-annual rather than annual, as the actions and processes they cover stretch over more than
one year. This may lead to less new initiatives and in a decrease in the total number of actions for a specific
year.
By far, the vast majority of actions organised were
working visits
(171), with the Czech Republic, Portugal
and Spain being particularly proactive as sending organisations. There were also nine
workshops
organised during 2019. These workshops dealt, amongst others, with withholding tax, risk management for
IT taxation systems, tax residence issues and tax representatives for VAT.
16 project groups were active during 2019 under this objective. All of them continued their activities from
previous years, focusing on topics such as compliance risk management in tax administrations, data
governance and information exchange from digital/platform economy for taxation purposes or data analytics.
The project group dedicated to the
Strategic dialogue and cooperation among Heads of tax
administrations of the EU (TADEUS),
launched in 2018, continued its activities during 2019. TADEUS is a
cooperation network for the EU Member States’ heads of tax administrations and the Commission. This new
form of cooperation at senior management level allows to better address common challenges faced by EU
countries in today’s era of globalisation and digitalisation. For instance, TADEUS endorsed in September
2019 the findings of the ‘Digital and data’ project –
about possible tax reporting requirements for the sharing
and gig economy. For further details on TADEUS, see case study in section 6.3.
Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Number of actions under the
programme organised in this
area
ART
105
(2014)
Stable
or grow
comp. to
baseline
105
225
251
284
273
208
Extent to which JAs (that
sought to extend working
practices
administrative
procedures/guidelines in a
given
area
to
other
participating countries) have
achieved their result(s), as
reported
by
action
managers: average score on
the scale of 0 (not achieved)
to 4 (fully achieved)
Participants’ views on the
extent to which a JA (that
sought to extend working
practices
administrative
procedures/guidelines in a
given
area
its
to
other
participating countries) (has)
achieved
result(s)
intended
of
(percentage
and/or
and/or
AFF
2.36
(2014)
> 3.00
2.36
3.58
3.16
3.15
3,30
3.55
EAF
95.3%
(2014)
>80.0%
95.3%
96.1%
90.1%
94.2%
98.0%
94.7%
those who replied 'fully' or 'to
large extent')
Participants’ views on the
extent to which an event met
EAF
93.2%
(2014)
>80.0%
93.2%
94.7%
92.3%
93.5%
92.2%
92.8%
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Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
their
expectations
(percentage of those who
replied 'fully' or 'to large
extent')
Participants’ views on the
usefulness
replied
'useful')
Number of guidelines (G)
and recommendations (R)
issued
by
participating
following
countries in their national
administrations
this objective)
Number of best practices /
administrative
procedures
(AP) developed/shared
AFF
40
17 (2014)
programme activities (under
EAF
2014:
63 (G)
134 (R)
On
average
at least
one
output
per
action
17
7
11
19
13
9
63 (G)
134 (R)
34 (G)
79 (R)
36 (G)
69 (R)
83 (G)
154 (R)
31 (G)
88 (R)
65 (G)
101 (R)
of
an
event
or
(percentage of those who
'very
useful'
EAF
96.8%
(2014)
>80.0%
96.8%
99.0%
97.9%
97.4%
98.0%
98.1%
At the level of achievement of results of joint actions under this objective, the action managers have given a
very high grade (3.55) from a range between 0 and 4. The feedback provided by action managers
specifically for working visits (which follow an independent survey) supports this positive assessment, with a
value of 3.61 on the achievement of results.
On the participants' side, we can see that their perception of the achievement of results (94.7%
replied “fully”
and “to a large extent”), the
fulfilment of expectations (92.8%) and their perceived usefulness (98.1%) of the
programme activities organised under this objective remained at high levels, with slight fluctuations when
compared with the values of 2018.
The number of outputs (guidelines and recommendations) issued by participating countries in their national
administrations during 2019 (166), represent a considerable increase from 2018 (119). As previously
explained, fluctuations in these indicators need to be interpreted carefully, as not every recommendation or
guideline is equally important. Furthermore, the number of outputs depends largely on the business need
and the subject addressed by the programme action. In the case of working practices / administrative
procedures developed, the number continues to decrease after the peak reached in 2017.
40
Excluding working visits and expert teams
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Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Percentage of participants
disseminated
a
practice/administrative
procedure/guideline
that
EAF
96.7%
(2014)
>90.0%
96.7%
94.0%
95.8%
94.8%
94.3%
94.7%
working
developed/shared with the support
of the programme in their national
administration
objective)
Percentage of participants which
declare
that
an
administrative
procedure/working
practice/guideline
developed/shared
their
national
under
the
programme led to a change in
administration’s
(under
this
working
objective)
practices
EAF
76.3%
(2014)
>70.0%
76.3%
70.8%
76.0%
73.9%
85.6%
84.7%
(under
this
Besides measuring the number of outputs, we also look at their dissemination and use in the national
administrations. The dissemination of programme outputs by the participants is high, with similar levels to
2018: more than 94%of the participants declaring to have distributed programme outputs nationally. We also
asked the participants whether these outputs have led to any change in the national administrations' working
practices, and here more than 84% answered positively, citing one or more of the following changes in the
national administrations: increased knowledge of colleagues, improved working practices/administrative
procedures and improved tools.
Indicator
Source
Baseline
Target
2014
2015
2016
2017
2018
2019
Number of face to face
meetings
(total
for
the
programme)
ART
443
(2013)
Grow
stable
or
265
551
552
563
556
590
compared to
baseline
Number
collaboration
(PICS)
platform)
Number
of
of
(total
on-line
groups
for
the
EC
110
(2013)
Grow
199
261
301
277
340
348
downloaded
EC
13 564
(2013)
Grow
stable
or
73 200
116 538
96 062
104 941
92 500
160 648
files from PICS (total for
the platform)
compared to
baseline
Number of uploaded files
on PICS (total for the
platform)
EC
3 445
(2013)
Grow
stable
or
5 521
11 177
7 807
7 184
7 887
9 455
compared to
baseline
In the area of
online collaboration,
we are looking at the use of the Programme Information and
Collaboration Space (PICS). This platform is used by many DG TAXUD and national customs officials to
facilitate the running of joint actions, but also for other, non-programme related collaboration needs and
knowledge sharing in communities of practice. We can see that the total number of online collaboration
groups on the platform remained overall stable in 2019 (348 groups in total). In relation to the number of new
users that signed up to PICS, there is a clear trend since 2014, with an annual increase of approx. 1 000
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new users (in particular for 2019, there were 1 237 new users). In terms of file sharing, both the number of
downloaded and uploaded files increased considerable during 2019: 73.6% more of downloaded files and
19.8% more of uploaded files.
In addition to online collaboration, Fiscalis 2020 programme also funded 590 face-to-face meetings during
the year (6% more than in 2018).
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6.
6.1
PROGRESS IN RELATION TO THE ANNUAL WORK PROGRAMME
Introduction
The AWP is a strategic, organisational and budgetary frame for the setting up of individual actions to be
financed by the Fiscalis 2020 programme. The Fiscalis 2020 Committee provides its formal opinion on the
AWP before its adoption by the Commission.
The core part of the AWP consists of several projects, which are grouped in function of the Fiscalis 2020
programme's specific objective area to which they will mainly contribute. All activities under the programme
are organised to support the achievement of the objectives of these projects. The list of AWP projects is
drawn up by DG TAXUD and the participating countries by taking into consideration the EU's policy priorities
in the area of taxation.
In the sections below, we have included four AWP projects corresponding to different specific objectives of
the programme, with additional information on their work and achievement during 2019. The selected
projects are representative of the type of AWP projects initiated under each part of the specific objective.
The summaries of projects have been provided by the action managers and highlight the main actions and
their results.
6.2
AWP project
Development, operation and maintenance of and horizontal support to
European Information Systems
Title of the case study:
DAC6: Trans-European System to support the exchange of information under Directive
2018/822/EU
Description:
Implementation of Trans-European Systems (TES) to support the exchange of information between the
Member States in the context of the Council Directive on Administrative Cooperation (DAC) in the field of
direct taxation. In particular for DAC6 according to the Directive, Commission will adopt the following
practical arrangements:
1. Standard forms (including linguistic arrangements) that must be adopted by 30/6/2019
2. A secure Member State central directory that must be developed by 31/12/2019
Further information is available in the Europa Website .
The Commission supports administrative cooperation between Member States by providing reliable and
secure IT communication channels as well as any other IT solution needed for the exchange of
information between the Member States as well as between the Member States and third countries.
Furthermore, the Commission is monitoring the systematic and proper usage by the MSs of the provided
IT channels and solutions.
41
Expected results:
Provide Member States with the solutions and infrastructure needed for administrative cooperation, such
as electronic formats for exchange of information and secure channels of communication.
Improve the existing solutions for exchange of information and develop new ones according to the
evolution of the legislation, and promote the most effective use of the IT solutions.
41
https://ec.europa.eu/taxation_customs/business/tax-cooperation-control/administrative-cooperation/enhanced-administrative-cooperation-
field-direct-taxation_en
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As a result enhanced cross-border tax compliance within the EU and internationally should be achieved
via more and better (more secure and quicker) exchange of information.
Actions initiated under the programme:
During the reporting period, the Commission initiated and completed the development of the first release
of DAC6 Central Directory (DAC6 v1.0) that will enable as of 2020 the reporting of cross-border
reportable arrangements. The implementation of DAC6 CD, mandated by the Council’s Directive
2018/822/EU of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange
of information in the field of taxation in relation to reportable cross-border arrangements, aims to improve
the functioning of the Internal Market by discouraging the use of aggressive cross-border tax-planning
arrangements.
Summary of main outcomes:
The main outcomes related to be above mentioned actions can be summarised as follows:
First version of DAC6 XML schema , that provides an electronic format to encode arrangements
in accordance to the provisions of the DAC6 Directive, provided to the Member States according
to the deadline imposed by the DAC6 Directive (30/6/2019).
First version of DAC6 CD (v1.1.0) released in production according to the deadline imposed by
the DAC6 Directive (31 December 2019).
42
6.3
AWP project
Well-functioning tax administrations in programme participating countries
Title of the case study:
Strategic dialogue and cooperation among Heads of Tax Administration of EU (TADEUS)
Description:
Tax administrations across the Union face similar challenges. TADEUS is the Tax Administration EU
Summit, which was set up in 2018 for allowing a strategic dialogue among the Heads of tax
administration in the EU Member States. TADEUS will contribute to the identification, development and
uptake of the best possible responses to shared issues at tax administration level. Ultimately, the
cooperation within TADEUS will bring benefits for each administration through improving their
functioning and performance.
The cooperation among the Heads of tax administration in the EU aims primarily to:
Facilitate the implementation of Union Law and improve compliance with it;
Facilitate EU coordinated positions among national tax administrations in international
fora;
Issue recommendation for policy makers at national or Union level for issues related to
challenges identified by tax administrations;
Establish a strategic umbrella to guide the work of existing and future Fiscalis and other
common activities.
TADEUS fosters a project–based approach with dedicated task forces with a strong focus on delivering
tangible results that support the work of all tax administrations within the European Union. Targeted
actions and projects that are established have to respond to the priorities jointly identified by the Heads
42
used to describe and validate the structure and the content of related datasets
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such as tax compliance, digital reform, the implementation of EU tax law or the resources
management. The Heads of tax administration set up a multi-annual plan for their cooperation, which
summarises the strategic themes and works as a basis for launching new projects.
The cooperation within the TADEUS framework takes place on a regular basis through various
settings, such as plenary meetings and deputies meetings. A small and agile steering group also
contributes to prepare and follow-up on the plenary meetings. The plenary meetings of TADEUS take
place once per year and reunite the Heads of tax administration. The Commission (through DG
TAXUD) equally participates in TADEUS and provides substantial organisational support to it.
Expected results:
TADEUS is expected to generate a number of important results:
Improve tax administration under all its facets (administrative procedures, processes,
structure, tools and skills);
Enhance administrative capacity and cooperation;
Harness the collective strength of tax administrations across the EU.
Outputs of the various actions and projects are expected to be taken up by the tax administrations at
national level. TADEUS Heads, being directly informed of the outcomes, are in the best position to
ensure that they are implemented and leading to changes at the operational level within their
respective tax administrations. Ultimately, the performance of national tax administrations is expected
to improve and benefit from the cooperation at all levels.
Actions initiated under the programme:
Project Group FPG/096 - Strategic dialogue and cooperation among Heads of Tax Administration of
EU (TADEUS).
Since its start in 2018, TADEUS allowed the Heads to meet already 3 times and to decide on
launching a number of relevant common projects:
The
Digital and data project
(FPF/097) which already delivered its final report in 2019. Project
results have been endorsed by TADEUS and served as basis for a new Commission initiative
proposing EU wide harmonised reporting obligations for digital platforms on taxpayers who
earn money/revenues through them; this will allow the national tax administrations to better
ensure tax fairness at national and EU level.
The
Trust and compliance project
(FPG/098) which will deliver by the end of 2020 a set of
guidelines on engaging taxpayers and ensuring tax compliance; those guidelines will allow
bringing important risk management decisions closer to senior management level in the
national tax administrations.
The
HR management readiness and agility model project
(FPG/104) which created an
assessment framework and the possibility to act on improving the HR management practice
at tax administration level based on common and up to date standards;
The
Eurofisc strategy and governance
(FPG/117) which has the purpose to propose, before
the end of 2020, a multi-annual strategy for Eurofisc with objectives set by the Heads of tax
administrations and a roadmap for a new governance for Eurofisc, including the assessment
of its requirements; such overhaul became necessary in view of the increased competences
and tasks attributed to EUROFISC for dealing with VAT fraud.
The
Measuring the performance of administrative cooperation
(FPG/119) which aims at
improving the identification of business results stemming from the use of administration
cooperation; the new insights will feed taking the adequate decisions on what needs to be
improved at national and or EU level for increasing the performance of the administrative
cooperation among the EU Member States in the field of both direct and indirect taxes;
The
Multi-annual strategic plan for IT projects in the field of taxation
(MASP-T), which is less
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of a project and more of a management tool. MASP-T - developed in the course of 2020 - will
ensure a better coordination of European IT projects deriving from Union legislation. It will
provide a consolidated overview of all the running European IT projects including milestones
as well as a reporting scheme. Providing such an overview to the Heads of the tax
administrations will help them taking the right decisions on national resources for ensuring
swift and timely implementation and thus meeting the legal deadlines. TADEUS therefore
agreed to ensure the governance of MASP-T.
Besides launching and acting upon its own projects, TADEUS is also key for disseminating
information, providing support for the current implementation of EU tax policy and legislation. Bringing
the outcomes of Fiscalis activities carried out at expert level to the level of TADEUS is crucial for
ensuring the uptake of their jointly produced outputs (guidelines and good practices) at national level.
Summary of main outcomes:
In just two years since its creation, TADEUS developed towards a reliable framework for strategic
cooperation among the Heads of the tax administrations in the EU Member States. It has done so by
mobilising the necessary resources and expertise for contributing to those projects that were identified
as responding to the main priorities and challenges of national tax administrations within the EU. The
Commission equally invested into ensuring coordination and the smooth functioning of TADEUS. The
main outcome of this period is that it offered a
proof of concept
for the new framework of cooperation at
strategic level among the Heads of tax administration.
The value added of TADEUS lies in its approach to setting up and steering projects. The direct
involvement
of the tax administrations’ senior managers ensures ownership, steering over key strategic
choices, sufficient resources and strict deadlines supervision. Equally, TADEUS helps with
disseminating the project results and with securing the future implementation of recommendations.
Finally, TADEUS has a special relation with the Fiscalis programme as a whole. Fiscalis provides
financial resources for TADEUS while TADEUS contributes to the general objectives of the FISCALIS
programme in three ways:
by initiating new projects of high strategic interest under Fiscalis;
by keeping track of ongoing activities and, eventually, providing resources and participation in
FISCALIS activities at national level;
by ensuring follow up in order to increase the effectiveness of cooperation activities finalised
under FISCALIS.
6.4
AWP project
Means of administrative cooperation other than exchange of information
Title of the case study:
Simultaneous control under the Council Directive 2011/16 for taxes, carried out as an MLC within
the scope of FISCALIS.
Description:
In the period from 2017 to 2019 a simultaneous control was performed on a multinational enterprise
(MNE), active in the production and sales of consumer electronics. The main scope of the simultaneous
control was on the transfer pricing between the various entities within the enterprise.
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The MNE originates from, and has its head office established outside the EU. For sales support and
marketing the company is operating with local subsidiaries in a number of Member States of the EU.
These subsidiaries have entered into a contract with the head office, on the basis of which their
remuneration for the work done is set at less than 1% of the revenue generated in their country. The
Members States involved in the MLC concluded during the selection procedures that, given the activities
in the local operating subsidiaries that seem to take place at a first glance, this 1% appeared to be a
rather low remuneration.
When setting up the MLC it was decided to start the project with a limited number of six Member States
to keep the management at its highest standard. Also it was considered important that a number of large
economies of the EU should take part. This was done to safeguard that the MNE would take the situation
serious and would more of less be pushed into working together with the Member States in a compliant
approach.
Expected results:
The expected outcome of the MLC was to gain knowledge on the transfer pricing principles that are used
within the MNE. Based on that knowledge national administrations could assess the correct allocation of
the profits of the MNE and assess if the right amount of taxes were paid at the right place.
Next to solving the potential problems for the audit period the aim of the MLC project was to see if
national administrations could discuss a future solution to avoid the same problems from occurring again.
Actions initiated under the programme: MLC/XXX
43
During the MLC the involved Member States worked closely together in finding the facts and preparing a
final position. During the MLC representatives of the MNE joined the meeting of the Member States a
number of times to give insight and explanation about their transfer pricing documentation and about the
facts that were found by the auditors.
Based on the supplied transfer pricing documentation and the facts that were found during the MLC the
involved Member States concluded that the remuneration for the local support companies was not in line
with the actual services they supplied. The audit teams concluded that 3% of the revenue as a profit for
the local companies would give a fair result. Given the worldwide revenue of the MNE this would have a
huge impact on their profit allocation.
In order to prevent that all 6 involved Member States would bilaterally have to negotiate with the MNE
about the outcome of the MLC it was decided to approach the MNE on a centralized basis. A team of 3
persons was appointed to negotiate on behalf of the 6 involved Member States on the basis of a
mandate that was given to them.
During the negotiations the appointed team of colleagues managed to close a deal with the MNE for the
past within the mandate that was given to them. Based on the outcome of the MLC the individual
Member States started a procedure with the MNE to settle the future years in advance pricing
agreements to avoid future problems on the same topic.
43
The financial code of the action initiated under the programme has been anonymised as the concerned company could be identified though the
code.
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Summary of main outcomes:
The most important elements on the outcome of the MLC are:
-
The MNE realized that its transfer pricing approach was not accepted by a number of Member
States and not just one individual country. Having large economies involved in the process
certainly had its impact.
The involved Member States have been able to adjust the combined tax base with EUR 3.1
billion. This has resulted in an additional tax payment of more than EUR 782 million in the
combined countries
All involved Member States have started procedures with the MNE to enter into an advance
pricing agreement for the future. This will give guarantees to the MNE and the Member States.
-
-
Although the MNE was confronted with a substantial amount of additional taxes to be payed, the
company has expressed that the combined approach of the MLC is much more effective and appreciated
a lot by the MNE to reduce the burden of work involved. By this approach it was able to close a deal with
a number of Member States on its transfer pricing approach within a reasonable time limit. Also the
starting up of advance pricing agreement procedures with all involved Member States was appreciated a
lot to create guarantees for the future period.
6.5
AWP project
Training and competency building
Title of the case study:
EU Tax Competency Framework (TaxCompEU)
(Initiative 1 of the EU Learning & Development Action Plan for Customs and Taxation (2017-2020) )
Description:
44
The rapidly changing global economy and technological environment means
that EU tax
administrations need to adapt their human resource policies and their staff profiles to acquire
new competences.
To ensure tax compliance, tax administrations need to diversify their expertise and
use their workforce in smarter ways. Equally, tax administrations need to be attractive employers and
offer challenging, flexible working conditions to face the global competition for talent.
To offer a
structured solution
to these challenges,
the EU Member States and the European
Commission/DG TAXUD decided to collaborate in 2019 to create TaxCompEU,
an EU
competency framework for the tax profession.
In a nutshell, TaxCompEU provides national tax administrations with
a standardised approach
towards training and performance development for tax professionals,
connecting all HR
processes under a uniform, tax-specific, competency-based methodology and toolset.
44
EU Learning & Development Action Plan for Customs and Taxation (2017
2020) - SWD (2017) 34 final
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Expected results:
Common elaboration of a standardised approach
to HR management for EU tax administrations,
that comprises a set of methodologies and tools
designed specifically for the Tax discipline,
placing
tax-specific competency areas at the core of HR management
for all tax organisations and their
professionals and as such, constituting
a performance management and staff development
blueprint
for improved and harmonised performance of tax employees across the EU (= TaxCompEU).
Actions initiated under the programme:
Based on the positive example in the customs area (Customs 2020 supported),
the Commission/DG
45
TAXUD worked together with 11 EU Member States to develop the EU competency framework
for tax, TaxCompEU
TaxCompEU was developed collaboratively in 2019 (under Fiscalis 2020)
by MS:
Fiscalis 2020 Project Group composed of 13 tax training and HR experts of 11 MS
(Austria, France, Ireland, Greece, Poland, Hungary, Italy, Latvia, Lithuania, Slovenia, Spain) on
behalf of all EU MS
and the
Commission/TAXUD
(E3)
supported by
external HRM/Change management consultants (FWC BTRAIN-3).
TaxCompEU is since end 2019 available
for use by national tax administrations in all EU languages.
Summary of main outcomes:
This EU Tax Competency Framework, a product of the Fiscalis 2020 programme, is ready for use by
EU Member States’ tax administration in 21 EU official languages since the beginning of this year (with
45
TaxCompEU PG participating MS : AT, IT, IE, FR, GR, HU, PL, LV, LT, SI and ES
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its EN master version already available since end-September 2019).
TaxCompEU
provides a ‘tool box’
for competency-based HR management and Capacity Building
(CB) in national tax administrations and incorporates four main tools (Figure 1).
The framework is specifically designed to
support European tax administrations
in further aligning
their staff policies with business needs, e.g. when defining job requirements and preparing the
recruitment process. The EU competency framework for tax supports EU Member States with a
concept to connect the main HR processes under a consistent, tax-specific, competency-based
methodology and toolset.
Overall, TaxCompEU is an excellent window of opportunity for tax administrations in the EU Member
States to begin
modernising their HR processes using state-of-the-art competency management
techniques and tools.
The value added of this tool is that it integrates answers to most of the
upcoming challenges into the role mapping, role descriptions and competency profiles for the EU tax
administrations’ staff.
Through targeted, competency-based HR processes, the competency framework contributes in
particular:
• to recruit staff equipped with the right knowledge and skills set for the tasks they have to
perform,
• to train staff throughout their whole work life
and
• to provide data for fact-based
strategic workforce planning in national tax administrations.
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TaxCompEU supports in particular the targeted development of staff competencies relevant to a
tax professionals’ future modern work context, like ‘Digital Literacy’, ‘Technological Ability’ and ‘Working
Virtually’, ‘Coping with stress’, ‘Interpersonal Relations’, ‘Oral Communication’ and ‘English as Foreign
Language’, but also competency areas like ‘International Tax Affairs’, ‘Exchange of Information’,
‘Taxpayer Service Processing’, ‘Taxation of New Emerging Businesses’ and ‘Digital Economy’.
Used at national level,
TaxCompEU facilitates the identification and statistical documentation of
workforce and performance strengths and gaps; in consequence it enables the strategic management
of Tax Administrations to proactively mitigate the risks related to pending retirement waves, as well as
make future financial projections and arrive at strategic decisions regarding tailored competency-based
recruiting and filling knowledge and skills gaps precisely in line with national needs/needs forecasts.
TaxCompEU is
developed for voluntary use
by national tax administrations. Full or partial
incorporation of TaxCompEU into national HR practices is a voluntary process, depending on the
needs and challenges that each Member State currently faces. The common framework and relevant
toolbox offer extensive flexibility to adapt to national requirements.
In view of its benefits, more than half of the EU tax administrations indicated that they already plan to
implement the EU Tax Competency framework, while others are considering doing so. Fiscalis 2020
will in the years to come offer the provision of
expert consultant support
for national implementation
processes (upon request of a MS).
For more detailed information about the TaxCompEU
or to get access to the TaxCompEU tool set
in all national EU languages, please consult EUROPA:
https://ec.europa.eu/taxation_customs/eu-
training/taxcompeu-eu-competency-framework-taxation_en
.
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ANNEX 1 - PRODUCTION STATUS OF THE TAXATION IT APPLICATIONS AND TRANS-EUROPEAN
SYSTEMS
The following convention “RAG” is used to represent
the production status of the taxation applications:
Legend
Denotes that all the elements of the application are proceeding fine and the application were up and running during the
reported period.
Denotes that some elements of the application were causing concerns at some time during the reported period.
The application in production was down and affects the users at some time during the reported period.
RAG
status
OK
NOK
Down
IT system in operation
Direct Taxation systems and applications
AEOI
DAC1 (CI161)
AEOI
DAC2 (CI202)
AEOI
DAC3 (CI203)
AEOI
DAC4 (CI204)
AEOI
EU CTS (CI206)
AEOI
EU FATCA (CI207)
TIN on the Web (CI084)
eFCA
Direct Taxation (CI162)
Taxes in Europe database - TEDBv2 (CI090)
Indirect Taxation systems and applications
VIES (CI078)
VIES-on-the-Web (CI079)
Mini One-Stop Shop (MOSS) (CI100)
VAT refund (CI081)
eForms
VAT (CI162)
Taxation Information and Communication
TIC
(CI088)
Recovery systems and applications
eForms
Recovery (CI162)
Excise systems and applications
EMCS Core business (CI119)
EMCS Administrative cooperation (CI121)
SEED (CI144)
CS/MISE (CI148)
EMCS converter (CI164)
Q1
Q2
Q3
Q4
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
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EMCS Test application (CI157)
Common systems and applications
Self-Service Testing System
SSTS (CI087)
Taxation Statistical System (TSS) (CI086)
CTA (CI011)
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
51