2010
DOI: 10.1111/j.1475-5890.2010.00111.x
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Opting for Opting‐In? An Evaluation of the European Commission's Proposals for Reforming VAT on Financial Services*

Abstract: This paper provides a legal and economic analysis of the European Commission's recent proposals for reforming the application of VAT to financial services, with particular focus on their "third pillar", under which firms would be allowed to opt-into taxation on exempt insurance and financial services. From a legal perspective, we show that the proposals' "first and second pillar" would give rise to considerable interpretative and qualification problems, resulting in as much complexity and legal uncertainty as … Show more

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Cited by 19 publications
(7 citation statements)
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References 13 publications
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“…This figure of unrecoverable input taxes is very similar to the number of e 4.846 Billion of hidden input taxes for 2006 in Germany calculated by de la Feria andLockwood (2010). However, based on their differing estimate of the share of unrecoverable input taxes, they argue that tax shifting is not important.…”
supporting
confidence: 77%
See 2 more Smart Citations
“…This figure of unrecoverable input taxes is very similar to the number of e 4.846 Billion of hidden input taxes for 2006 in Germany calculated by de la Feria andLockwood (2010). However, based on their differing estimate of the share of unrecoverable input taxes, they argue that tax shifting is not important.…”
supporting
confidence: 77%
“…European VAT Directive includes an optional clause, which allows all member states to legislate for opting for taxation of financial services, Germany is one of the member states where it is possible to opt for taxation of B2B transactions in the financial sector (de la Feria and Lockwood, 2010). This might provide the financial sector in Germany with more leeway to shift input taxes than is available in other countries.…”
Section: Revenue Effectsmentioning
confidence: 99%
See 1 more Smart Citation
“…This is, of course, analogous to the original Diamond-Mirrlees result, which states that inputs to production should be untaxed as long as there are constant returns to scale (or 100% profit taxation), but taxed if there are decreasing returns to scale (Stiglitz and Dasgupta 1971). 10 Currently, within European Union countries, most financial intermediation services are exempt from VAT, notably financial services which are not explicitly priced (De La Feria and Lockwood 2010;PWC 2011;Buettner and Erbe 2014). 11 See also the recent IMF proposals for a Financial Activities Tax levied on bank profits and remuneration, one version of which -FAT1 -would work very much like a VAT (IMF 2010).…”
Section: Related Literaturementioning
confidence: 86%
“…Both are empirical questions. There have been a few attempts in the economic literature to quantify the VAT losses deriving from exemption for financial services, and most studies point to a net revenue loss (Genser and Winker 1997;Huizinga 2002;De la Feria and Lockwood 2009). This advantage is estimated to be around 0.15 per cent of GDP (Huizinga 2002), which for the EU27 translates into close to €20 billion.…”
mentioning
confidence: 99%