Chapter 3 (PART 1) Flashcards
(8 cards)
Tax infringement
act that can be declared punishable by a previous tax statute
Tax infringements constitute:
Crimes - punishable with fines or imprisonment
Administrative offenses - punished with administrative fees
Simple offenses
punishable with a fine whose maximum limit does not exceed 15 000 euros
Serious offenses
those punishable with a fine whose maximum limit exceeds 15 000 euros
Tax crimes
- individuals can face imprisonment (up to 8 years) and fines ranging from 10 to 600 days, with each day’s fine amount being from 1 to 500 euros
- companies can face fines ranging from 20 to 1920 days, with each day fine amount ranging from 5 to 5000 a day
Ancillary Penalties for Tax Crimes
In addition to fines or imprisonment, they may face additional penalties:
- temporary bans from certain activities
- loss of subsidies or tax benefits
- temporary bans from participating in auctions
- closure of the business
- cancellation of licenses/authorizations
- publication of the court’s decision
- dissolution of the company
- confiscation of goods or assets used in the crime
Abuse of Tax Trust
failing to deliver withheld taxes (income tax or VAT) to the government, if amount exceeds 7500 euros it can lead to:
- imprisonment for up to 3 years
- fines of up to 360 days
if amount exceeds 50k euros:
- imprisonment from 1 to 5 years
- fines from 240 to 1200 days
Ancillary Penalties for Serious Administrative Offenses
- Loss of objects related to the offense.
- Loss of subsidies or tax benefits.
- Temporary bans from participating in public tenders or auctions.
- Closure of the business.
- Cancellation of licenses or authorizations.