header-logo header-logo

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

Burning bridges

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

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

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

The origins of MTIC fraud

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

Completing the internal market became a political priority in the early 1980s. The EC Commission proposed that the “origin system” be introduced in relation to supplies between member states. This would involve charging VAT in, and at the rate applicable in, the country of origin of the goods and services. For this system to work effectively, rates of VAT would need to be approximated throughout the EC. For this reason (and others), the Commission’s proposals were not accepted by

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

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll