Eng Prez
Eng Prez
Eng Prez
- Added value is the value of what the producer has added to the inputs before they are sold as new
products and services
Oliver Wendell Holmes, former Justice of the United States Supreme Court
o “Death, taxes and childbirth! There's never any convenient time for any of them.”
TRANSLATE
Izbjegavanje poreza – tax avoidance
Oslobođenje od poreza
TAX ADMINISTRATION
What is Tax Administration?
o The Tax Administration is the administrative organization within the Ministry of Finance
whose basic duty is to implement tax regulations and regulations concerning the payment of
obligatory contributions.
Porezna uprava je upravna organizacija u sastavu Ministarstva financija čija je temeljna zadaća
primjena poreznih propisa i propisa o plaćanju obveznih doprinosa.
o All residents are obliged to participate in the settlement of public expenses in accordance
with their economic abilities. The tax system is based on the principles of equality and equity.
- Read the paragraph The Scope of Work of the Tax Administration (p.37-38)
VOCAB
- receiving tax returns – zaprimanje poreznih prijava
TRANSLATE
The Tax Administration performs administrative Porezna uprava obavlja upravne i druge stručne
and other professional duties relating to the poslove, što se odnose na:
following: o zaprimanje poreznih prijava, bilježenje
o Receiving tax returns, entering tax poreznih obveza u poreznom
liabilities in tax accounting, collecting knjigovodstvu, naplatu i povrat poreza,
and refunding taxes o utvrđivanje pravodobnosti, zakonitosti i
o Establishing the timeliness, lawfulness pravilnosti podnijetih poreznih prijava,
and regularity of submitted tax returns o utvrđivanje porezne osnovice i porezne
o Establishing tax base and tax liability obveze,
o Carrying out inspection supervision o provođenje inspekcijskog nadzora,
o Conducting the seizure of assets in o provođenje ovrhe radi naplate poreza
order to collect taxes podnošenje prijava za pokretanje
o Filing charges in order to initiate prekršajnog i kaznenog postupka
misdemeanour and criminal
proceedings
COLLOCATIONS
VERB NOUN
Establish tax liability Timelines
Collect data Taxes
Refund Taxes
Carry out supervision Seizure
File Charges
Enforce Contracts
Issue documents autorization
- Creating legal environment began with the Law on Electronic Signatures was passed in January 2002
and the Law on Electronic Commerce in November 2003
SERVICES
- e-VAT service: the first electronic service of the Tax Administration within the e-Taxes project
- It provides all taxpayers in Croatia with simple and secure distribution of the data on periodic
calculation of VAT for a specific cost accounting period
- e-ID (enables the users to submit electronically their records of receipts from dependent labour)
PURPOSE
- to modernise the operation of the Tax Administration
ADVANTAGES
- time-saving
- reduced expenses
TRANSLATIONS
- evidencija primitaka od nesamostalnog rada – records of receipts from dependent labour
- predati poreznu prijavu preko interneta – to submit tax registration via the Internet
- dostava podataka o periodičnom obračunu PDV-a – distribution of the data on periodic calculation
of VAT
AIMS
o Improving government processes (eAdministration)
o Connecting citizens (eCitizens and eServices)
o Building external interactions (eSociety)
http://www.youtube.com/watch?v=3uok6WSc4nk
SUGGESTED ANSWERS
o Synonyms: online government, connected government
o Objectives: automation, informatisation, transformation
o Benefits: more efficiency, less spending, faster action, more results
ADVANTAGES
o Speed, efficiency and cost effective manner
o Easy access to government information for citizens and agencies
o Transparency and accountability
o Citizen participation
▪ Informing the citizen
▪ Representing the citizen
▪ Encouraging the citizen to vote
▪ Consulting the citizen
▪ Involving the citizen
o Can you think of any disadvantages of e-government?
DISATVANTAGES?
o An electronic based system which loses the person to person interaction
o Literacy of the users and the ability to use the computer
o Reliability of information on the web
o Hyper-surveillance
o Cost
o Inaccessibility
o False sense of transparency and accountability
E-CROATIA
o What do you know about the project e-Citizens?
o Which services are available to the citizens?
E SERVICES
o Through the Personal User Mailbox, as well as viewing notices sent personally to you, you
can:
o request electronic extracts from the register of births and marriages
o verify your registration to vote in the electoral register
o find out about your child's grades at school
o verify your selected GP
o order a European Health Insurance Card
o request an electronic employment booklet
o find out how much pension you can expect to receive
o register as a potential employee
o verify the amount of contributions paid into the Second Pillar of pension insurance
o obtain a REGOS certificate
o check your tax account card
o check your data in the OIB system
o manage your electronic identity.
PART 2
ELECTRONIC COMMERCE ACT
ELECTRONIC COMMERCE
o E-commerce (electronic commerce or EC) is the buying and selling of goods and services, or
the transmitting of funds or data, over an electronic network, primarily the Internet. These
business transactions occur either business-to-business, business-to-consumer, consumer-to-
consumer or consumer-to-business. The terms e-commerce and e-business are often used
interchangeably.
GENERAL PROVISIONS
This Act shall regulate the provision of information society services, the responsibility of the provider
of information society services and rules concerning contracts concluded by electronic means.
o The provisions of this Act shall not apply to data protection, the field of taxation, the
activities of notaries, the representation of a client and defence of his interests before the
courts, gambling activities which involve wagering a stake with monetary value in games of
chance, including lotteries, casino games, betting transactions and slot machine games
pursuant to the provisions of special laws regulating the respective areas.
o the activities of notaries – javnobilježnička aktivnost
o representation of a client – zastupanje klijenta
o wagering a stake with monetary value in games of chance – igre na sreću s novčanim ulozima
o pursuant to – u skladu s
RELEVANT TERMS
o Information - podatak
o Information society service – usluga informacijskog društva
o Electronic signature – elektronički potpis
o Service provider – pružatelj usluge
o Recipient of the service – korisnik usluge
o Electonic contracts – ugovori u elektroničkom obliku
o Commercial communication – komercijalno priopćenje
o Consumer - potrošač
TRANSLATE
Electronic signature means data in electronic Elektronički potpis je skup podataka u
form which are attached to or logically elektroničkom obliku koji su pridruženi ili su
associated with other electronic data and which logički povezani s drugim podacima u
serve as a method of identification of the elektroničkom obliku, a služe za identifikaciju
signatory and of the credibility of the signed potpisnika I vjerodostojnosti potpisanoga
electronic document as defined by a special elektroničkog dokumenta, kako je definirano
law. posebnim zakonom.
ACCOUNT
o Business account
o Current account
o Foreign currency account
o Transfer account
o Savings account
COLLOCATIONS
To bear Meaning
To receive A message
To provide Services
To archive Data
To conclude A contract
To promote An image
To exercise Profession
To allow Access
To adopt An act
To regulate Respective areas
TRANSLATE
Davatalj usluga informacijskog društva sa The provider of information society services
sjedištem u RH dužan je potupati i pružati with a seat in the Republic of Croatia shall act
usluge u skladu sa zakonima i drugim propisima and provide services in accordance with acts
RH. and regulations of the Republic of Croatia.
TFEU
o The TFEU forms the detailed basis of EU law and sets out organisational and functional
details of the European Union.
SOURCES OF EU LAW
o Primary law – the Treaties (TEU, TFEU)
o Secondary law – acts of EU institutions and international agreements. Legally binding acts
include regulations, directives and decisions. Non-binding ones are recommendations and
opinions.
o Supplementary law – Court of Justice case law, international law and general principles of
law
FROM THE TFEU
Article 325
1. The Union and the Member States shall counter fraud and any other illegal activities affecting the
financial interests of the Union through measures to be taken in accordance with this Article, which
shall act as a deterrent and be such as to afford effective protection in the Member States, and in all
the Union’s institutions, bodies, offices and agencies.
2. Member States shall take the same measures to counter fraud affecting the financial interests of
the Union as they take to counter fraud affecting their own financial interests.
TRANSLATE
3. Without prejudice to other provisions of the Ne dovodeći u pitanje ostale odredbe Ugovorâ,
Treaties, the Member States shall coordinate države članice koordiniraju svoje djelovanje
their action aimed at protecting the financial usmjereno na zaštitu financijskih interesa Unije
interests of the Union against fraud. To this end od prijevara. Radi toga uz pomoć Komisije
they shall organise, together with the organiziraju blisku i redovitu suradnju među
Commission, close and regular cooperation nadležnim tijelima
between the competent authorities.
4. The European Parliament and the Council, 4. Radi postizanja učinkovite i jednake zaštite u
acting in accordance with the ordinary državama članicama, i u svim institucijama,
legislative procedure, after consulting the Court tijelima, uredima i agencijama Unije, Europski
of Auditors, shall adopt the necessary measures parlament i Vijeće, odlučujući u skladu s
in the fields of the prevention of and fight redovnim zakonodavnim postupkom i nakon
against fraud affecting the financial interests of savjetovanja s Revizorskim sudom, donose
the Union with a view to affording effective and potrebne mjere za suzbijanje i borbu protiv
equivalent protection in the Member States and prijevara usmjerenih protiv financijskih interesa
in all the Union’s institutions, bodies, offices Unije.
and agencies. 5. Komisija u suradnji s državama članicama
5.The Commission, in cooperation with svake godine Europskom parlamentu i Vijeću
Member States, shall each year submit to the podnosi izvješće o mjerama poduzetima za
European Parliament and to the Council a provedbu ovog članka.
report on the measures taken for the
implementation of this Article.
COLLOCATIONS
coordinate Action
Adopt Measures
Submit Report
Counter Fraud
Protect Interests
Afford Protection
To build Growth
To tackle Crisis
To strengthen The role of
To undermine Confidence
To jeopardise Functioning
o A right for citizens to make a request to the Commission for it to propose a new initiative
o Better protection for citizens through the new status given to the Charter of fundamental
rights
o Diplomatic and consular protection for all EU citizens when travelling and living abroad
o Mutual assistance against natural or man-made catastrophes inside the Union, such as
flooding and forest fires
o New possibilities to deal with cross border effects of energy policy, civil protection and
combating serious cross border threats to health
o Common action on dealing with criminal gangs who smuggle people across frontiers
o Common rules to avoid asylum shopping where multiple applications are made to different
member countries
o Tackling terrorism through the freezing of assets, while full judicial review is guaranteed by
the European Court of Justice
o More democratic approach to EU decision-making (strengthened role of European
Parliament and national Parliaments)
o An ability to provide urgent financial aid to third countries
THE ORIGINS
o In 1970 the Werner Report proposed a convergence of economies and currencies of the six
EEC countries
o In 1979 the European Monetary System (EMS) was set up to reduce variations in the
exchange rates between the currencies of the member states
- currency - valuta
THE SINGLE EUROPEAN ACT
o In 1986 the Single European Act implied the convergence of European economies and the
need to limit fluctuations in the exchange rates between their currencies
MAASTRICHT CRITERIA
o Curbing inflation (Inflation may not be more than 1.5% higher than that of the average of 3
best performing member states)
o Cutting interest rates
o Reducing budget deficits to a maximum of 3% of GDP
o Limiting public borrowing (not more than 60% of the GDP)
o Stabilising the currency’s exchange rate
'OPTING OUT'
o Denmark, Sweden and the UK reserved the right not to move to the third stage of EMU
(adoption of the euro)
ECONOMIC UNION
o The euro has replaced currencies that were traditional symbols and instruments of national
sovereignty (f. e. German mark)
o It moved Europe considerably closer to economic union
o The need for monetary stability
o In Amsterdam, in June 1997 the European Council adopted two important resolutions:
1. Stability and growth pact (maintaining budgetary discipline)
2. Economic growth (employment as priority)
COORDINATING ECONOMIC POLICIES
o In Luxembourg, in December 1997, the European Council adopted a resolution on
coordinating economic policies to establish stronger ties between countries that adopted the
euro
THE EUROZONE
o The following members of the European Union use the euro:
o Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy,
Latvia, Luxembourg, Malta, The Netherlands, Portugal, Slovenia, Slovakia, Spain
o Andorra, Monaco, San Marino, and Vatican City have formal agreements with the EU to use
the euro as their official currency and issue their own coins
o Kosovo and Montenegro have adopted the euro unilaterally, but these countries do not
officially form part of the eurozone and do not have representation in the European Central
Bank (ECB) or in the Eurogroup.
o The following members of the European Union do not use the euro:
o Bulgaria, Czech Republic, Denmark, Croatia, Lithuania, Hungary, Poland, Romania,
Sweden and the United Kingdom.
COLLOCATIONS
limit fluctuations
devalue a currency
set interest rates
reduce the purchasing power
maintain budgetary discipline
run up excessive deficits
maintain the value of the euro
adopt resolutions
COLLOCATIONS
austerity measures
debt crises
financial assistance
monetary policy
trade Deficits
dictate Measures
impose Currency
withdraw Forces
share burden
TAXATION IN THE EU
SETTING TAX RATES
o The EU does not have a direct role in raising taxes or setting tax rates. The amount of tax
paid is decided by an individual government, not the EU
TAX HAVENS
o https://www.youtube.com/watch?v=KtnRz1EPsZ0
o A tax haven is a country or place that has a low rate of tax so that people choose to live there
or register companies there in order to avoid paying higher tax in their own countries.
o Tax havens in Europe
- competitiveness - konkurentnost
VAT IN EU
o Given that EU law only requires that the standard VAT rate must be at least 15% and the
reduced rate at least 5% (only for supplies of goods and services referred to in an exhaustive
list), actual rates applied vary between Member States and between certain types of
products.
o https://www.youtube.com/watch?v=k9HHdzXlCpo
EXCISE TAXES
o Changes and differences in excise tax on petrol, drinks or cigarettes can very easily distort
competition, so these are also subject to some common rules.
o Cultural differences are respected, for example in the approach to taxing beer and wine.
EU LEGAL FRAMEWORK
o The current legal framework regulating excise duties in the EU consists of two Council
Directives. Council Directive 92/84/EEC provides a structure for the member states to classify
alcoholic products into certain categories – these categories are used for taxation purposes.
Council Directive 92/84/EEC determines the minimum level of excise duties in the categories.
There is no maximum rate set in the directives.
COMPANY TAX
o In the area of company tax, the EU has two goals: preventing harmful tax competition
between member states and supporting the principle of free movement of capital.
PENSION RIGHTS
o The European Commission takes action to ensure that EU citizens are not deterred from
working in other EU countries by problems with transfer and taxation of pension rights.
SAVINGS
o EU citizens can place their savings where they think they will get the best return. However,
tax remains due in their country of residence
TRANSLATION
The EU's role is to oversee national tax rules – EU ima zadaću nadzirati nacionalne porezne
to ensure they are consistent with certain EU propise kako bi se osiguralo da budu u skladu s
policies, such as: određenim politikama EU-a kao što je:
o promoting economic growth and job o promicanje gospodarskog rasta i
creation otvaranje radnih mjesta
o ensuring the free flow of goods, o osiguravanje slobodnog protoka robe,
services and capital around the EU (in usluga i kapitala u EU-u (na
the single market) jedinstvenom tržištu)
o making sure businesses in one country o osiguravanje da poduzeća u jednoj
don't have an unfair advantage over zemlji nemaju nepoštenu prednost pred
competitors in another konkurentima u drugoj zemlji
o ensuring taxes don't discriminate o osiguravanje da se porezima ne
against consumers, workers or diskriminiraju potrošači, radnici ili
businesses from other EU countries. poduzeća iz drugih država članica EU-a.
The single market allows goods and services to Jedinstveno tržište omogućuje slobodnu
be traded freely across borders within the EU. prekograničnu trgovinu robom i uslugama
To make this easier for businesses – and avoid unutar EU-a. Kako bi se ona olakšala
competitive distortions between them – EU poduzećima i kako bi se spriječilo narušavanje
countries have agreed to align their rules for tržišnog natjecanja među njima, države članice
taxing goods and services. EU-a složile su se da trebaju uskladiti svoje
propise o oporezivanju robe i usluga.
Kod ostalih poreza, kao što su porez na dobit i For other taxes, such as company and income
dohodak, glavna je zadaća EU-a osigurati tax, the EU's main role is to ensure that
poštivanje načela poput nediskriminacije i principles such as non-discrimination and free
slobodnog kretanja na jedinstvenom tržištu. Za movement in the single market are followed.
to i za rješavanje zajedničkih izazova kao što je Increasingly, a coordinated EU approach is
utaja poreza među državama članicama sve je needed among all member countries to do this,
potrebniji usklađeni pristup na razini EU-a. as well as tackle common challenges such as tax
evasion.
VAT IN THE EU
WHAT IS VAT?
• a consumption tax placed on a product whenever value is added at each stage of the supply
chain, from production to the point of sale.
• VAT is levied at each stage of the PRODUCTION and DISTRIBUTION process.
• Taxable persons are individuals and LEGAL ENTITIES engaged in TAXABLE activities.
• The standard VAT rate in Croatia is 25%.
• The zero rate applies to BREAD AND MILK, BOOKS, SCIENTIFIC JOURNALS AND MEDICINES.
• Added value is the value of what the producer has added to the inputs before they are sold
as new products and services
- Nerezident – non-resident
VAT IN EU
• The Value Added Tax, or VAT, in the European Union is a general, broadly based
consumption tax assessed on the value added to goods and services
• EU law only requires that the standard VAT rate must be at least 15% and the reduced rate at
least 5%
• An EU country can opt to apply one or two reduced rates but only to goods or services listed
in the VAT Directive
• the lowest standard rate: Luxembourg 17%
• the highest: Hungary 27%
APPLICATION
• VAT applies more or less to all goods and services that are bought and sold for use or
consumption in the Community.
PERCENTAGE OF PRICE
• VAT is charged as a percentage of price, which means that the actual tax burden is visible at
each stage in the production and distribution chain.
A GENERAL TAX
• VAT is a general tax that applies, in principle, to all commercial activities involving the
production and distribution of goods and the provision of services.
CONSUMPTION TAX
• VAT is a consumption tax because it is borne ultimately by the final consumer. It is not a
charge on businesses.
NEUTRAL TAX
• VAT is collected fractionally, via a system of partial payments whereby taxable persons (i.e.,
VAT-registered businesses) deduct from the VAT they have collected the amount of tax they
have paid to other taxable persons on purchases for their business activities. This mechanism
ensures that the tax is neutral regardless of how many transactions are involved.
INDIRECT TAX
• VAT is paid to the revenue authorities by the seller of the goods, who is the "taxable person",
but it is actually paid by the buyer to the seller as part of the price. It is thus an indirect tax.
A TAXABLE PERSON
• For VAT purposes, a taxable person is any individual, partnership, company or whatever
which supplies taxable goods and services in the course of business.
• However, if the annual turnover of this person is less than a certain limit (the threshold),
which differs according to the Member State, the person does not have to charge VAT on
their sales.
TRANSLATION
IAKO je koronakriza u punom jeku, hrvatski
poduzetnici ne odustaju od zahtjeva da im se
smanji porezno opterećenje. Trn u oku im je
posebno PDV, budući da imamo jednu od
najvećih stopa tog poreza na potrošnju u
EU. Od nižih poreza, poručuju poduzetnici i
analitičari, koristi bi imale kako tvrtke tako i
građani, dok bi manji prihodi u proračunu
državu natjerali na provedbu reformi. S druge
strane, ističu, nastavak ovakve porezne presije
put je u daljnje kočenje gospodarskog razvoja i
nastavak rasta javnoga duga koji će otplaćivati
generacije koje dolaze.
EUROPEAN COURT OF AUDITORS
o Institution that audits European Union (EU) revenue and expenditure to ensure lawfulness
and sound financial management
o The European Court of Auditors is an independent institution whose main role is to check
that the funds available to the EU are used legally, efficiently and for the intended purposes
o The Court audits the accounts of the EU's income and expenditure, which together form the
EU budget
o This role is especially important as part of the EU's income is derived from contributions from
the member states and so the Court ensures that the EU's citizens are getting maximum
value for their money
o https://www.youtube.com/watch?v=aC-Jp65SKX8
o The Court of Auditors operates as a collegiate body of 27 Members, one from each Member
State. All audit reports and opinions are adopted by the college
CHAMBERS
o The ECA is organised into five chambers (audit groups), to which Members and audit staff are
assigned. There are four chambers with responsibility for the audit of the different areas of
EU expenditure and for revenue, together with a fifth chamber - the CEAD - responsible for
coordination, evaluation, assurance and development horizontally across all areas.
AUDIT GROUPS
o AUDIT GROUP I
o AUDIT GROUP II
- External actions
o AUDIT GROUP IV
THE PRESIDENT
o President is elected for a renewable three year term by the Members from amongst their
number
o President’s role is that of primus inter pares - first amongst equals. He or she chairs the Court
meetings, ensures that Court decisions are implemented and that the institution and its
activities are soundly managed
o On 13 September 2016, Klaus-Heiner Lehne, the German Member, was elected as the ECA’s
11th President. His mandate was renewed on 12 September 2019.
o The Court’s main role is to check that the EU budget is correctly implemented
o The Court investigates the paperwork of any person or organization handling EU income or
expenditure
o It ensures that the EU income and expenditure is legal and above board and sound financial
management
o Its work helps guarantee that the EU system operates efficiently and openly
o It prepares general annual reports and special reports on certain bodies and issues
o Under the Amsterdam Treaty, the Court of Auditors also has the power to reposrt any
irregularities to the European Parliment and the Council. It's audit responsibilities have been
extend to European Community funds managed by outside bodies and by the European
Investment Bank
o The Court of Auditors has approximately 900 staff, including translators and administrators
and 250 auditors
o The auditors frequently go on tours of inspection to the other EU institutions, the member
states and any country that receives aid from the EU
o The auditors are divided into ‘audit groups’. They prepare draft reports on which the Court
takes decisions
o The Court of Auditors has no legal powers of its own. If auditors discover fraud or
irregularities, they inform OLAF – the European Anti-Fraud Office
HISTORY
o The Court of Auditors was created by the 1975 Budgetary Treaty, but it was formally
established on 18 October 1977 (at that time the Court was not a formal institution).
o At first, it was an external body designed to audit the finances of the European Communities.
Later, when it became an institution, it gained some new powers such as the ability to bring
actions before the European Court of Justice( ECJ).
o Under the Treaty of Amsterdam, it gained the full power to audit finances of the whole of the
EU.
ARGUMENTS
o FOR
o The Court of Auditors helps guarantee that the EU budgetary system works efficiently and
openly
o The Court contributes to improving financial management of the European Union
o The Court of Auditors is regularly acknowledged for its work in exposing fraud in the EU
o https://www.youtube.com/watch?v=Cbgp3d0jUoM
o AGAINST
o The Court's reports are often criticised as being extremely difficult to understand, even for
those working inside the EU
o The Court of Auditors is also seen as being too concerned with confidentiality - its role as the
'financial conscience' of the EU is weakened if the media are unable to use its findings to hold
the executive to account
o The size of the court has also come under criticism
o https://www.youtube.com/watch?v=7O7ZwC7ksgQ
o FORMED in 1975
o JURISDICTION European Union
o HEADQUARTERS Luxembourg
- lawfulness - zakonitost
TRANSLATION
- instigated - launched
- effort - endeavour
OLAF
BACKGROUND
o The European Union and the member states are required by the Treaty on the Functioning of
the EU (TFEU, Article 325) to counter fraud and any other illegal activities affecting the
financial interests of the Union.
o The European Anti-Fraud Office (OLAF) was set up in 1999 to protect the EU’s financial
interests and to conduct investigations against fraud and any other illegal activity affecting
the EU financial interests, as well as to assist Member States in the fight against fraud.
WHY OLAF?
o commonly known under its French abbreviation OLAF, Office de Lutte Anti-Fraude.
WHAT IS A FRAUD?
o Fraud is a deliberate act of deception intended for personal gain or to cause a loss to
another party.
o An irregularity is an act which does not comply with EU rules and which has a potentially
negative impact on EU financial interests, but which may be the result of genuine errors
committed both by beneficiaries claiming funds and by the authorities responsible for
making payments. If an irregularity is committed deliberately, however, it is fraud.
- fraud – prijevara
- irregularity - nepravilnost
- beneficiary - korisnik
o Nepravilnost je čin koji nije u skladu s pravilima EU-a i koja ima potencijalno negativan utjecaj na
financijske interese EU-a, ali koja može biti rezultat stvarnih pogrešaka korisnika koji polažu pravo na
sredstva ili tijela nadležnih za izvršavanje uplata. Međutim, nepravilnost počinjena svjesno smatra se
prijevarom.
https://www.youtube.com/watch?v=wIWTvfWY6n4
HOW TO REPORT
o OLAF can be contacted anonymously.
o There are no formalities.
o Just give as precise and detailed information as possible.
o You can communicate with OLAF in any of the 24 official EU languages.
OLAF IN FIGURES
OLAF'S WORKLOAD
o In 2019, OLAF concluded 181 investigations, issuing 254 recommendations to the relevant national
and EU authorities.
o OLAF recommended the recovery of EUR 485 million to the EU budget.
o OLAF opened 223 new investigations, following 1174 preliminary analyses carried out by OLAF
experts.
o EU countries manage 80% of EU funds and have primary responsibility for fighting fraud.
They employ most of those involved in this fight for example 500 000 police officers.
o OLAF has 422 staff – of which more than two-thirds work on fraud investigations.
SCIF
o The tasks and responsibilities of the Service for Combating Irregularities and Fraud - SCIF
(Samostalni odjel za suzbijanje nepravilnosti i prijevara) pri Ministarstvu financija Republike
Hrvatske are established by Croatia Government Decree on internal organization of the
Ministry of Finance (OG 32/12, 67/12, 124/12, 78/13).
o Also the responsibilities of the Service Department are stipulated with the Government
Regulation on the institutional framework of the system of combating irregularities and fraud
(OG 144/13).
RESPONIBILITIES OF SCIF
o The Service for Combating Irregularities and Fraud shall be responsible for:
o co-ordination of legislative, administrative, and operating activities between bodies in the
AFCOS (anti-fraud coordination service) system with a view to protecting the financial
interests of the EU and direct co-operation with OLAF,
o the exchange of information on irregularities and fraud with bodies in the AFCOS system and
with OLAF,
o ensuring that OLAF experts can perform immediate controls and investigations in the
territory of the Republic of Croatia,
o developing vocational training programmes for employees of the bodies in the AFCOS system
in co-operation with OLAF and for providing organizational support in the carrying out of the
above etc.
- counterfeiting – krivotvorenje
- subsidies – subvencije
EU INSTITUTION
It is one of the world's most important central banks and is one of the seven institutions of
the European Union (EU) listed in the Treaty on European Union (TEU).
ESTABLISHMENT
• The bank was established by the Treaty of Amsterdam in 1998, and is headquartered in
Frankfurt, Germany
• https://www.youtube.com/watch?v=Aijn_4TFF_8
• 1957
• 1968
• 1970
• 1979
• 1986
• 1992
OWNERS
The capital stock of the bank is owned by the central banks of all 28 EU member states.
The owners and shareholders of the European Central Bank are the central banks of the 28
member states of the EU.
TRANSPARENCY OF ECB
The central bank provides the general public and the markets with all relevant information
on its strategy, assessments and policy decisions as well as its procedures in an open, clear
and timely manner.
PRESIDENT
As of 2019, the President of the ECB is Christine Lagarde, former Managing Director of the
International Monetary Fund, Washington, D.C. (2011-2019) and Minister of Economy and
Finance of France (2007-2011)
The main decision-making body is the Governing Council, which consists of the six members
of the Executive Board plus the governors of the central banks of the 19 euro area countries.
http://www.youtube.com/watch?v=TAlcFwGIQBg
EUROSYSTEM
The European Central Bank and the national central banks together constitute the
Eurosystem, the central banking system of the euro area. The main objective of the
Eurosystem is to maintain price stability: safeguarding the value of the euro.
TRANSLATION
INFLATION
Inflation is the rate at which the general level of prices for goods and services is rising and,
consequently, the purchasing power of currency is falling. Central banks attempt to limit
inflation — and avoid deflation — in order to keep the economy running smoothly.
It is a sustained increase in the general price level of goods and services in an economy over
a period of time
TRANSLATION
The ECB is the central bank for Europe's single ESB je središnja banka za jedinstvenu europsku
currency, the euro. The ECB’s main task is to valutu, euro. Glavna je zadaća ESB-a održavati
maintain the euro's purchasing power and thus njegovu kupovnu moć i time stabilnost cijena u
price stability in the euro area. The euro area europodručju (eurozoni). Europodručje
comprises the 19 European Union countries obuhvaća 19 država članica Europske unije koje
that have introduced the euro since 1999. su nakon 1999. uvele euro.
The ECB publicly announces its monetary policy ESB javno najavljuje strategiju svoje monetarne
strategy and communicates its regular politike i priopćuje o redovitim ocjenama
assessment of economic developments. This gospodarskih kretanja. Time tržištima pomaže u
helps the markets to understand the systematic razumijevanju uzorka sustavnog odgovora
response pattern of monetary policy to monetarne politike na gospodarska kretanja i
economic developments and shocks. It makes udare. Na taj način tržišta mogu lakše
policy moves more predictable for the markets predvidjeti srednjoročne poteze politike te
over the medium term. Market expectations učinkovitije i točnije oblikovati svoja očekivanja.
can thus be formed more efficiently and
accurately.
DOUBLE TAXATION IN EU
DEFINITIONS
an occurrence where the income from the same source is taxed twice before translating into
net income;
the levying of tax by two or more jurisdictions on the same declared income asset or financial
transaction.
TRANSLATION
Double taxation can be defined as the Dvostruko oporezivanje može se definirati kao
imposition of similar taxes in two or more states nametanje usporedivih poreza u dvije ili više
on the same taxpayer in respect of the same država istome poreznom obvezniku za jednak
subject matter and for identical purposes. predmet i u iste svrhe.
Legal - if the same person is taxed twice on the same income in at least two states.
Economic - firstly corporate income tax is levied, and then the shareholders of the enterprise
are required to pay tax on the dividends distributed out of the profit after taxes have been
paid.
Cross-border double taxation occurs when two different countries subject the same item of
income or property to tax for the same period and in the hands of the same taxpayer.
CJEU RULING
The Court of Justice of the EU has ruled that, in the absence of an EU-wide measure to
eliminate double taxation, EU countries retain the power to define by double taxation treaty,
or unilaterally, the criteria for allocating their power of taxation between them, particularly
with a view to eliminating double taxation.
Furthermore, EU countries are not obliged under EU law or international law to conclude tax
treaties with each other.
Causes are mainly set in the differences in the national approaches to taxation.
Some states claim full or unlimited tax jurisdiction with respect to all or certain types of
income, and they claim to tax on the basis of the residence or nationality of the taxpayer
over all the taxpayer’s income wherever arising (i.e. residence or worldwide jurisdiction).
On the other hand, some states claim a limited jurisdiction taxing only income arising within
its territory (source-based jurisdiction).
TRANSLATION
Situations where different member states tax Slučajevi u kojima različite države članice
the same income or capital twice can create dvaput oporezuju isti dohodak ili kapital mogu
serious obstacles to doing business across stvoriti velike prepreke za prekogranično
borders. They create an excessive tax burden, poslovanje. Mogu stvoriti prekomjerno porezno
can cause economic distortions and have a opterećenje, uzrokovati gospodarske
negative impact on cross-border investment. poremećaje i negativno utjecati na
prekogranična ulaganja.
COLLOCATION
double taxation
dispute resolution
business environment
tax burden
time limit
arbitration procedure
advisory panel
economic distortion
cross-border investment
member states
TRANSLATION
The draft directive requires dispute resolution U nacrtu direktive zahtijeva se da mehanizmi
mechanisms to be mandatory and binding, with rješavanja sporova budu obvezni i obvezujući, da
clear time limits and an obligation to reach imaju jasno utvrđene rokove i obvezu postizanja
results. It thereby sets out to secure a tax rezultata. Time se želi stvoriti porezno okružje u
environment where compliance costs for kojem su troškovi usklađivanja za poduzeća svedeni
businesses are reduced to a minimum. na najmanju razinu.
Dvostruko oporezivanje nastaje kada se na isto Double taxation occurs when tax is paid more
oporezivo dobro više puta plati porez, a može biti than once on the same taxable income or asset,
pravno ili ekonomsko. Dvostruko oporezivanje je and it can be legal or economic. Double taxation
pravno ako je ista osoba oporezovana dva puta za is legal if the same person is taxed twice on the
isti dohodak u najmanje dvije države. Ekonomsko same income in at least two states. Economic
dvostruko oporezivanje nastaje kad je propisano da double taxation arises when firstly corporate
poduzeće treba platiti porez na svoju dobit, a i income tax is levied, and then the shareholders
njegovi dioničari dodatno trebaju platiti porez na of the enterprise are required to pay tax on the
dividendu isplaćenu iz te oporezovane dobiti. dividends distributed out of the profit after
taxes have been paid.