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Simplified Tax Compliance Procedure for Smes Enterprise and Industry Simplified Tax Compliance Procedures for SMEs Final Report of the Expert Group European Commission EUROPEAN COMMISSION ENTERPRISE AND INDUSTRY DIRECTORATE-GENERAL Promotion of SMEs’ competitiveness FINAL REPORT OF THE EXPERT GROUP SIMPLIFIED TAX COMPLIANCE PROCEDURES FOR SMES (PERSONAL INCOME TAX, CORPORATE INCOME TAX, PAYROLL TAX) June 2007 Legal Notice This project has been conducted by the European Commission and experts in the field of taxation appointed by the national authorities, under the Multiannual Programme for Enterprise and Entrepreneurship coordinated by the European Commission’s Directorate-General for Enterprise and Industry. Although the work has been carried out under the guidance of Commission officials, the views expressed in this document do not necessarily represent the opinion of the European Commission. Reproduction is authorised, provided the source is acknowledged. Further information: European Commission Directorate-General for Enterprise and Industry Unit E.1: Entrepreneurship Fax: +32-2-29.66 27 8 E-mail: [email protected] http://ec.europa.eu/comm/enterprise/entrepreneurship/support_measures/index.htm Information on other projects: Information on other projects jointly carried out by the European Commission and by the national administrations that are addressing the issues of promoting entrepreneurship can be found on the web, at the following address: http://ec.europa.eu/enterprise/entrepreneurship/support_measures/ TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................5 1. INTRODUCTION.......................................................................................................8 1.1. Background........................................................................................................8 1.2. Aim and method of the project..........................................................................9 1.3. Definitions and scope of the analysis ..............................................................11 2. TAX COMPLIANCE COSTS FOR SMES ..............................................................12 2.1. Regulatory burden and tax compliance – empirical results.............................12 2.2. The main driving factors of tax compliance costs...........................................13 3. TAX COMPLIANCE PROCEDURES – GENERAL DESCRIPTION AND GOOD PRACTICE CASES......................................................................................14 3.1. Overview and criteria for the selection of good practices...............................14 3.2. Income tax (personal and corporate) ...............................................................15 3.2.1. Income tax information upon the registration of start-ups ................16 3.2.2. Information on recurring income tax procedures ..............................17 3.2.3. Interpretation of income tax laws and rulings ...................................18 3.2.4. Information and assistance upon income tax changes.......................21 3.2.5. Income tax registration for start-ups..................................................21 3.2.6. Filing of income tax returns and other reporting requirements ......................................................................................22 3.2.7. Electronic filing of income tax returns..............................................23 3.2.8. Income tax accounting.......................................................................25 3.2.9. Record-keeping requirements for income tax ...................................28 3.2.10. Payment and refund procedures for income tax ................................28 3.2.11. Income tax penalty procedures..........................................................31 3.3. Wage tax (payroll tax) .....................................................................................34 3.3.1. Wage tax information upon the registration of start-ups...................34 3.3.2. Information on recurring wage tax procedures .................................34 3.3.3. Interpretation of wage tax laws and rulings ......................................35 3.3.4. Information and assistance upon changes in wage tax......................35 3.3.5. Wage tax registration for start- ups ...................................................36 3.3.6. Filing of wage tax returns and other reporting requirements ............36 3.3.7. Electronic filing of wage tax returns .................................................37 3 3.3.8. Wage tax accounting .........................................................................38 3.3.9. Record-keeping requirements for wage tax.......................................38 3.3.10. Payment and refund procedures for wage tax ...................................38 3.3.11. Wage tax penalty procedures.............................................................39 4. LESSONS LEARNED FROM THE GOOD PRACTICE CASES...........................40 OVERVIEW TABLES: TAX PROCEDURES IN PARTICIPATING COUNTRIES (ONLY IN ENGLISH)......................................................................44 MEMBERS OF THE EXPERT GROUP ..........................................................................81 4 EXECUTIVE SUMMARY In order to achieve the goals of the re-launched Lisbon Strategy, Europe must improve European and national regulation. Better regulation has a significant positive impact on the framework conditions for economic growth, employment and productivity. This is particularly important for the 23 million SMEs in Europe, which often have only limited resources and insufficient expertise to comply with complex rules and procedures. Compliance with tax rules in particular can be challenging for small businesses. Tax legislation is in many cases rather complex. Tax laws are drafted in a way that allows their application to businesses of all sizes and to all types of economic transactions, even for operations that are only carried out by large corporations. This report describes the various measures that the participating countries have taken to reduce tax compliance costs for SMEs. Its aim is to facilitate an exchange of best practices among countries and support the distribution of tested methods to improve the business environment for European SMEs. The report concentrates on income taxes (personal and corporate) and payroll taxes (wage taxes). Value added tax is not included. Unlike the direct taxes, VAT is largely regulated by European law so that an exchange of good practices has only limited relevance. Moreover, there are already several initiatives to simplify the VAT regime at European level (especially the recast of the Sixth VAT directive launched in 2004, which brings together various provisions for VAT in a single piece of legislation and provides a clearer overview of current VAT law). In relative terms (e.g. measured per employee or compared to turnover), small companies bear a disproportionate regulatory burden. On average, a company with fewer than ten employees has to face a regulatory burden that is roughly twice as high as the burden of a company with more than ten but fewer than twenty employees and about three times as high as the burden of companies with more than twenty but fewer than fifty employees. For bigger companies, the burden per employee is only one fifth or one tenth of that of small enterprises. This effect of a disproportionate regulatory burden can also be observed in the tax area. The European Tax Survey (2004) finds that European SMEs have a cost to tax revenue ratio (i.e. the ratio between total tax-related compliance costs and paid taxes) of 30.9%. Large companies on the other hand have a cost to tax revenue ratio of only 1.9%. Two factors are responsible for this imbalance. First, compliance costs are to some extent fixed. Tax accounting and filing does not become more expensive just because larger figures have to be entered in the forms. Second, larger companies are more efficient in dealing with tax compliance. The higher absolute costs justify the employment of specialists (internal or external) and also the investment in systems to increase efficiency (e.g. software). 5 In detail, the main reasons for the high tax compliance costs of small businesses are: 1) Frequent changes of tax laws 2) Complexity of tax systems (tax systems are more geared to large enterprises) 3) Existence of different tax administrations 4) Incomprehensible language of tax laws, including incomprehensible forms 5) Short and inflexible deadlines for tax payments (resulting in cash flow problems) 6) Costs of tax consultants 7) Registration procedures Although tax compliance procedures vary to some degree in the participating countries, there are also numerous similarities as regards information, registration procedures, tax accounting, filing and payments. The main information channels of tax administrations are brochures and websites. In some cases, small enterprises can also receive information via e-mail services, at training sessions and seminars and from the help desk and call centres of the tax administration. In many countries, registration for tax purposes is not an isolated procedure but is included in the general registration process for start-ups. The concept of one-stop shops is implemented in some countries, facilitating the registration of a business by providing all necessary information at one point and thus reducing time and costs. In some countries, registration is now also possible electronically.
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