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Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
Brig. Gen. Stefano ScrepantiBrig. Gen. Stefano ScrepantiHead of III Department- OperationsHead of III Department- Operations
Guardia di Finanza General HeadquartersGuardia di Finanza General Headquarters
29th September 201529th September 2015
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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TRASCRIME DATA: MAFIA BUDGET RECORDS TOTAL REVENUES BETWEEN EUR 17.7 AND 33.7 BILLION
UNDUE COMPETITIVE ADVANTAGE AND ALTERATION OF NATURAL OPERATING MECHANISMS OF THE MARKET AND FREE COMPETITION
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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D.E.F. 2014 – OFFICIAL GUIDELINES 2015
DOCUMENT FOR ECONOMIC AND FINANCIAL AFFAIRS2014
Structural reforms and improving state budget programs are not interchangeable but complement each other
Reform strategies are part of improving state budget programs: a highly indebted country such as Italy must aim at budget stability in order to start solid and long-term development.
Such strategy demands contemporary and complementary actions: improving state budget and reducing public debt; giving new inputs to economic growth so to grant the sustainability of public finances; normalizing credit flows to enterprises and families, also by fostering credit systems other than bank and speeding up Public Administration debt payment; structural reforms aiming at re-launching productivity and reduce obstacles such as bureaucracy, inefficient justice, or mafia conditioning and corruption.
PURPOSE
DESCRIPTION
ACTION PUBLIC SAFETY
Restating budget and investing in new models in order to support the peculiarities and strategic role played by the whole safety/defence sector.
Creating an efficient model to implement the right to safety. Impeding organized crime to affect legal economy. Supporting economic and social recovery by strengthening the fight against corruption and illegality, and defeating organized crime.
D2. The Guardia di Finanza will contribute to strengthen the fight against tax evasion, tax avoidance and frauds, public spending related crimes and offences, crime group infiltration in legal economy, money laundering and gambling. The Corps will grant priority to such actions by implementing operative plans to be used as analysis and control tools;
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EXTENTION OF MEASURES TO SO-CALLED « FISCALLY DANGEROUS» SUBJECTS
TAXING ANY KIND OF WEALTH INCLUDING THAT RESULTING FROM
ILLICIT ACTIVITIES
RECUPERATING COSTS DEDUCTED FROM ENTREPRENEURIAL OR SELF-
EMPLOYMENT INCOMES WHICH ARE DIRECTELY RELATED TO CRIME OFFENCES
ATTACKING ILLICIT ACTIVITIES RELATED TO ILLICIT ASSETS WITHIN CRIMINAL POLICE INVESTIGATION
YEAR 2014 82.200 INVESTIGATION DELEGATION
(66.000 COMPLETED)
TAXATION OF ILLECIT PROCEEDSTAXATION OF ILLECIT PROCEEDS
RECUPERATING COSTS USED TO RECUPERATING COSTS USED TO COMMIT A CRIMECOMMIT A CRIME
USING ELEMENTS GATHERED IN USING ELEMENTS GATHERED IN CRIMINAL PROCEEDINGS FOR CRIMINAL PROCEEDINGS FOR
TAX CONTROL PURPOSES TAX CONTROL PURPOSES
PREVENTIVE MEASURESPREVENTIVE MEASURESINVOLVING PROPERTY INVOLVING PROPERTY
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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TAXATION OF ILLECIT PROCEEDSTAXATION OF ILLECIT PROCEEDS
INCOMES ASSESSED INCOMES ASSESSED IN ACCORDANCE IN ACCORDANCE TO THE LAWS OF TO THE LAWS OF EACH DIFFERENT EACH DIFFERENT
CATEGORYCATEGORY
INCOMES ASSESSED INCOMES ASSESSED IN ACCORDANCE IN ACCORDANCE TO THE LAWS OF TO THE LAWS OF EACH DIFFERENT EACH DIFFERENT
CATEGORYCATEGORY
THEY ARE THEY ARE CONSIDERED ASCONSIDERED AS
«OTHER «OTHER INCOME» INCOME»
IF ILLICIT INCOMES DO NOT FALL WITHIN
ANY CATEGORY
WEALTH RELATED TO FACTS, ACTS OR WEALTH RELATED TO FACTS, ACTS OR ACTIVITIES IDENTIFIED AS CIVIL, PENAL OR ACTIVITIES IDENTIFIED AS CIVIL, PENAL OR
ADMINISTRATIVE OFFENCES ADMINISTRATIVE OFFENCES
REQUIREMENT: THEY MUST NOT HAVE ALREADY BEEN SEIZED NOR REQUIREMENT: THEY MUST NOT HAVE ALREADY BEEN SEIZED NOR CONFISCATED AS A RESULT OF LEGAL PROCEEDINGSCONFISCATED AS A RESULT OF LEGAL PROCEEDINGS
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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INDEDUCTIBILITY OF OFFENCE RELATED COSTS
LAW MODIFICATION YEAR 2012LAW MODIFICATION YEAR 2012INDEDUCTIBILITY WORKS IF SPECIFIC INDEDUCTIBILITY WORKS IF SPECIFIC
CONDITIONS ARE MET AT THE SAME TIMECONDITIONS ARE MET AT THE SAME TIME
VOLUNTARYVOLUNTARY CRIMECRIME
COSTS NEED TO COSTS NEED TO BE REFERRED TO BE REFERRED TO
GOODS AND GOODS AND SERIVICES SERIVICES
DIRECTLY USED DIRECTLY USED TO COMMIT TO COMMIT
CRIME CRIME
COSTS OR EXPENCES RELATED TO FACTS, COSTS OR EXPENCES RELATED TO FACTS, ACTS OR ACTIVITIES IDENTIFIED AS CRIMES ACTS OR ACTIVITIES IDENTIFIED AS CRIMES
CANNOT BE DEDUCTED,CANNOT BE DEDUCTED,EXCEPT FOR CONSTITUTIONALLY GUARANTEED RIGHTSEXCEPT FOR CONSTITUTIONALLY GUARANTEED RIGHTS
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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INDEDUCTABILITY CLAUSE
REFERS TO COSTS OF ANY PRODUCTIVE FACTORREFERS TO COSTS OF ANY PRODUCTIVE FACTORDIRECTELY RELATED TO CRIMEDIRECTELY RELATED TO CRIME
NO COSTS CAN BE DEDUCTED
Casestudy 1
Casestudy 2 PERFECT EXAMPLE OF
EXPENSE AIMING AT PUBLIC OFFICER
CORRUPTIONIN ORDER TO WIN PUBLIC CONTRACTS
PERFECT EXAMPLE OF
EXPENSE AIMING AT PUBLIC OFFICER
CORRUPTIONIN ORDER TO WIN PUBLIC CONTRACTS
ANY WASTE IS DISPOSED, ANY WASTE IS DISPOSED, INCLUDING NOT AUTHORIZED INCLUDING NOT AUTHORIZED
TRASH CATEGORIES TRASH CATEGORIES
THE ENTERPRISE INCURS THE ENTERPRISE INCURS COSTS DIRECTELY RELATED COSTS DIRECTELY RELATED
TO COMMITTED TO COMMITTED ENVIRONMENTAL CRIMEENVIRONMENTAL CRIME
THE ENTERPRISE INCURS THE ENTERPRISE INCURS COSTS DIRECTELY RELATED COSTS DIRECTELY RELATED
TO COMMITTED TO COMMITTED ENVIRONMENTAL CRIMEENVIRONMENTAL CRIME
VOLUNTARY CRIMEVOLUNTARY CRIMETHE ENTERPRISE INCURS THE ENTERPRISE INCURS COSTS RELATED TO THE COSTS RELATED TO THE
COMMISSION OF A COMMISSION OF A VOLUNTARY CRIMEVOLUNTARY CRIME
RECOVERY OF COSTS DIRECTELY
RELATED TO ENVIRONMENTAL
CRIME
ORDINARY ORDINARY ENTERPRISE ENTERPRISE
ACTIVITYACTIVITY
ENTERPRISE ENTERPRISE AUTHORIZED TO AUTHORIZED TO WASTE DISPOSALWASTE DISPOSAL
ORDINARY ORDINARY ENTERPRISE ENTERPRISE
ACTIVITYACTIVITY
Casestudy 3
OBJECTION AGAINST THE OBJECTION AGAINST THE REPORTED AMOUNT OF NEGATIVE REPORTED AMOUNT OF NEGATIVE
ITEMS RELATED TO ORDINARY ITEMS RELATED TO ORDINARY ENTERPRISE ACTIVITYENTERPRISE ACTIVITY
CONNECTION OF CONNECTION OF «INSTRUMENTALITY» «INSTRUMENTALITY» WITH THE COMMISSION OF CRIMEWITH THE COMMISSION OF CRIME
ALTHOUGH ALTHOUGH THE ENTERPRISE INCURS THE ENTERPRISE INCURS COSTS NOT EXCLUSIVELY RELATED TO ITCOSTS NOT EXCLUSIVELY RELATED TO IT
SO-CALLED«GENERAL
COSTS»
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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«ONCE OBTAINED AUTHORIZATION FROM JUDICIAL AUTHORITYTHE GUARDIA DI FINANZA USES AND PROVIDES TAX OFFICES WITH
ANY DOCUMENTATION, DATA AND NEWS GATHERED THROUGH ITS CRIMINAL INVESTIGATIONS OR FROM OTHER POLICE FORCES
THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE INVESTIGATIONS TO TAX PURPOSEINVESTIGATIONS TO TAX PURPOSE
GUARDIA DI FINANZAGUARDIA DI FINANZAAS «A BRIDGE« BETWEEN AS «A BRIDGE« BETWEEN CRIMINAL INVESTIGATION CRIMINAL INVESTIGATION
AND INCOME TAX AND INCOME TAX AND VAT DETECTION AND VAT DETECTION
THE LINK BETWEEN CRIMINAL AND TAX INVESTIGATION THE LINK BETWEEN CRIMINAL AND TAX INVESTIGATION IN PRELIMINARY HEARINGIN PRELIMINARY HEARING
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE INVESTIGATIONS TO TAX PURPOSEINVESTIGATIONS TO TAX PURPOSE
DOCUMENTS AND THE MAIN SOURCE OF EVIDENCEDOCUMENTS AND THE MAIN SOURCE OF EVIDENCE IN DETECTION AND TAX PROCEDUREIN DETECTION AND TAX PROCEDURE
ANY DOCUMENT ANY DOCUMENT COLLECTED WITHIN COLLECTED WITHIN
CRIMINAL CRIMINAL INVESTIGATIONS CAN BE INVESTIGATIONS CAN BE USED IN TAX PROCEDUREUSED IN TAX PROCEDURE
DOCUMENTS ARE LIKELY TO BE CONSIDERED AS DOCUMENTS ARE LIKELY TO BE CONSIDERED AS PRODUCING DIFFERENT EVIDENTIARY EFFECTS PRODUCING DIFFERENT EVIDENTIARY EFFECTS
ACCORDING TO CRIMINAL COURT JUDGE, ACCORDING TO CRIMINAL COURT JUDGE, FINANCIAL OFFICE JUDGE FINANCIAL OFFICE JUDGE
OR TAX COMMISSION JUDGE.OR TAX COMMISSION JUDGE.
DOCUMENTSDOCUMENTS
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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STATEMENTS OBTAINED WITHIN STATEMENTS OBTAINED WITHIN CRIMINAL POLICE INVESTIGATIONS CRIMINAL POLICE INVESTIGATIONS
IN THE FIELD OF TAXATIONIN THE FIELD OF TAXATIONTREND TO CONSIDER TREND TO CONSIDER
STATEMENTS AS CONFESSIONS STATEMENTS AS CONFESSIONS
MADE BY THIRD PARTIES AND MADE BY THIRD PARTIES AND GATHERED THROUGH CRIMINAL GATHERED THROUGH CRIMINAL
POLICE INVESTIGATIONPOLICE INVESTIGATION
LEGICTIMACY OF TAX ACTS BASED ON STATEMENTSLEGICTIMACY OF TAX ACTS BASED ON STATEMENTS
MADE BY SUSPECTMADE BY SUSPECTMADE BY SUSPECTMADE BY SUSPECT MADE BY THIRD PARTIES MADE BY THIRD PARTIES MADE BY THIRD PARTIES MADE BY THIRD PARTIES
TAX JUDGES ARE FREE TO MAKE THEIRTAX JUDGES ARE FREE TO MAKE THEIR OWN ASSESSMENTS – THESE STATEMENTS OWN ASSESSMENTS – THESE STATEMENTS
CAN BE THE ONLY EVIDENCE PROVING CAN BE THE ONLY EVIDENCE PROVING THE VALIDITY OF DETECTIONTHE VALIDITY OF DETECTION
TAX JUDGES ARE FREE TO MAKE THEIRTAX JUDGES ARE FREE TO MAKE THEIR OWN ASSESSMENTS – THESE STATEMENTS OWN ASSESSMENTS – THESE STATEMENTS
CAN BE THE ONLY EVIDENCE PROVING CAN BE THE ONLY EVIDENCE PROVING THE VALIDITY OF DETECTIONTHE VALIDITY OF DETECTION
TAX JUDGES ARE FREE TO MAKE THEIR OWN TAX JUDGES ARE FREE TO MAKE THEIR OWN ASSESSMENTS – CONSIDERING ALL EVIDENCE ASSESSMENTS – CONSIDERING ALL EVIDENCE
RESULTED FROM PROCEDURERESULTED FROM PROCEDURE
TAX JUDGES ARE FREE TO MAKE THEIR OWN TAX JUDGES ARE FREE TO MAKE THEIR OWN ASSESSMENTS – CONSIDERING ALL EVIDENCE ASSESSMENTS – CONSIDERING ALL EVIDENCE
RESULTED FROM PROCEDURERESULTED FROM PROCEDURE
STATEMENTS MADE BY THIRD PARTIES WITHIN CRIMINAL POLICE INVESTIGATION STATEMENTS MADE BY THIRD PARTIES WITHIN CRIMINAL POLICE INVESTIGATION CAN «ENTER» TAX PROCEDURE BUT CAN «ENTER» TAX PROCEDURE BUT THEY DO NOT, AS SUCH, JUSTIFY THE DECISIONS MADE.THEY DO NOT, AS SUCH, JUSTIFY THE DECISIONS MADE.
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE INVESTIGATIONS TO TAX PURPOSEINVESTIGATIONS TO TAX PURPOSE
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THE COLLECTION OF BANK AND FINANCIAL DOCUMENTS THE COLLECTION OF BANK AND FINANCIAL DOCUMENTS BY THE PROSECUTOR (ART. 248, PHAR. 2, C.P.P.) BY THE PROSECUTOR (ART. 248, PHAR. 2, C.P.P.)
IN THE FIELD OF TAXATION: IN THE FIELD OF TAXATION: LEGAL PRESUMPTION RELATED TO EVIDENCE LEGAL PRESUMPTION RELATED TO EVIDENCE OBTAINED WITH THIS INVESTIGATION TOOLOBTAINED WITH THIS INVESTIGATION TOOL
IN THE FIELD OF TAXATION: IN THE FIELD OF TAXATION: LEGAL PRESUMPTION RELATED TO EVIDENCE LEGAL PRESUMPTION RELATED TO EVIDENCE OBTAINED WITH THIS INVESTIGATION TOOLOBTAINED WITH THIS INVESTIGATION TOOL
THE LEGICTIMACY OF POSSIBLE THE LEGICTIMACY OF POSSIBLE USE OF ELEMENTS RESULTING FROM USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE INVESTIGATIONS TO TAX PURPOSECRIMINAL POLICE INVESTIGATIONS TO TAX PURPOSE
SHOULD FROM THE BANK DOCUMENTS OF THE ENTERPRISE RESULT NON ACCOUNTED FINANCIARY FLOWS
THESE WILL BE ASSUMED AS TO BE TAXED UNTIL PROVEN OTHERWISE FROM TAX PAYER.
EVIDENTIARY EFFECTS EVIDENTIARY EFFECTS
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE INVESTIGATIONS TO TAX PURPOSEINVESTIGATIONS TO TAX PURPOSE
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INTERCEPTIONS OF COMMUNICATIONS AND INTERCEPTIONS OF COMMUNICATIONS AND CONVERSATIONS BY PHONE OR VIA WEBCONVERSATIONS BY PHONE OR VIA WEB
KEY INVESTIGATION TOOL F.I. WITHIN INVESTIGATION AGAINST FRAUDS, KEY INVESTIGATION TOOL F.I. WITHIN INVESTIGATION AGAINST FRAUDS, VAT AND SO-CALLED CAROUSEL FRAUD SINCE IT OUTLINES THE REAL CONNECTION VAT AND SO-CALLED CAROUSEL FRAUD SINCE IT OUTLINES THE REAL CONNECTION
AMONG ALL PEOPLE INVOLVED IN THE CRIMINAL NETWORKAMONG ALL PEOPLE INVOLVED IN THE CRIMINAL NETWORK
KEY INVESTIGATION TOOL F.I. WITHIN INVESTIGATION AGAINST FRAUDS, KEY INVESTIGATION TOOL F.I. WITHIN INVESTIGATION AGAINST FRAUDS, VAT AND SO-CALLED CAROUSEL FRAUD SINCE IT OUTLINES THE REAL CONNECTION VAT AND SO-CALLED CAROUSEL FRAUD SINCE IT OUTLINES THE REAL CONNECTION
AMONG ALL PEOPLE INVOLVED IN THE CRIMINAL NETWORKAMONG ALL PEOPLE INVOLVED IN THE CRIMINAL NETWORK
THE USE OF EVIDENCE IN THE FIELD OF TAXATIONTHE USE OF EVIDENCE IN THE FIELD OF TAXATIONVERY INCISIVE INVESTIGATION TECNIQUE –
ONE OF THE MOST EFFICIENT TOOL TO SEEK PROOFVERY INCISIVE INVESTIGATION TECNIQUE –
ONE OF THE MOST EFFICIENT TOOL TO SEEK PROOF
SOME OF THE SENTENCES ISSUED BY THE SOME OF THE SENTENCES ISSUED BY THE COURT OF APPEAL BETWEEN 2012 AND 2013 COURT OF APPEAL BETWEEN 2012 AND 2013 STATE THAT INTERCEPTIONS MADE WITHIN STATE THAT INTERCEPTIONS MADE WITHIN
CRIMINAL POLICE INVESTIGATION CRIMINAL POLICE INVESTIGATION CAN BE ALSO USED IN TAX PROCEDURECAN BE ALSO USED IN TAX PROCEDURE
TAX PAYER HAS THE RIGHT TAX PAYER HAS THE RIGHT TO CHALLENGE, DURING TO CHALLENGE, DURING
ADMINISTRATIVE PROCEEDINGS, ADMINISTRATIVE PROCEEDINGS, THE INTERPRETATION OF THE INTERPRETATION OF
INTERCEPTED STATEMENTS – INTERCEPTED STATEMENTS – THESE ARE CONSIDERED AS CLUES THESE ARE CONSIDERED AS CLUES AND THE JUDGE IS ALWAYS FREE AND THE JUDGE IS ALWAYS FREE
TO MAKE HIS OWN ASSESSMENTSTO MAKE HIS OWN ASSESSMENTS
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE THE USE OF ELEMENTS RESULTING FROM CRIMINAL POLICE INVESTIGATIONS TO TAX PURPOSEINVESTIGATIONS TO TAX PURPOSE
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IMPLEMENTATION OF PREVENTIVE MEASURES AS LEGISLATED BY IMPLEMENTATION OF PREVENTIVE MEASURES AS LEGISLATED BY ANTIMAFIA LAW THROUGH DECREE NO. 159 DATING 6TH ANTIMAFIA LAW THROUGH DECREE NO. 159 DATING 6TH
SEPTEMBER 2011 ( SO-CALLED«ANTIMAFIA CODE» SEPTEMBER 2011 ( SO-CALLED«ANTIMAFIA CODE» ))
«PREVENTION»«PREVENTION»
DETERMINING THE «SOCIAL DETERMINING THE «SOCIAL DANGEROUSNESS» OF THE SUBJECT, DANGEROUSNESS» OF THE SUBJECT,
CONSISTING IN «SYMPTOMATIC CONSISTING IN «SYMPTOMATIC BEHAVIOUR» OF DIFFERENT KIND BEHAVIOUR» OF DIFFERENT KIND
WHICH, NOT BEING DEFINED WHICH, NOT BEING DEFINED INDIVIDUALLY BY LAW, INDIVIDUALLY BY LAW,
MAKE BELIEVE THE SUBJECT MAKE BELIEVE THE SUBJECT IS LIKELY TO COMMIT CRIMEIS LIKELY TO COMMIT CRIME
EVIDENCE NOT AS STRONG AS EVIDENCE NOT AS STRONG AS THE PROBATORY BACKGROUND THE PROBATORY BACKGROUND
DEMANDED IN CRIMINAL PROCEDURE DEMANDED IN CRIMINAL PROCEDURE SINCE TAX PROCEDURE IS BASED ON GUILT SINCE TAX PROCEDURE IS BASED ON GUILT
CLUES AND THE ATTITUDE OF THE CLUES AND THE ATTITUDE OF THE SUBJECT TO COMMIT CRIME. SUBJECT TO COMMIT CRIME.
«SOCIALLY DANGEROUS SUBJECTS» ARE EQUALLY CONSIDERED AS BEING «FISCALLY SOCIALLY DANGEROUS SUBJECTS» ARE EQUALLY CONSIDERED AS BEING «FISCALLY DANGEROUS», REFERRING TO THOSE WHO REGULARLY LIVE WITH WEALTH RELATED TO DANGEROUS», REFERRING TO THOSE WHO REGULARLY LIVE WITH WEALTH RELATED TO
ECONOMICAL AND FINANCIAL ILLICIT ACTIVITIESECONOMICAL AND FINANCIAL ILLICIT ACTIVITIES
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
EXTENTION OF PREVENTIVE MEASURES TO EXTENTION OF PREVENTIVE MEASURES TO «TAX DANGEROUS» SUBJECTS«TAX DANGEROUS» SUBJECTS
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EXTENTION OF PREVENTIVE MEASURES TO EXTENTION OF PREVENTIVE MEASURES TO «TAX DANGEROUS» SUBJECTS«TAX DANGEROUS» SUBJECTS
INVESTIGATIONS ON WEALTH INVESTIGATIONS ON WEALTH AND LAWS AGAINST MAFIA ORGANIZATIONSAND LAWS AGAINST MAFIA ORGANIZATIONS
( SO-CALLED «ANTIMAFIA CODE» ( SO-CALLED «ANTIMAFIA CODE» ))
IN PARTICULAR, A TOTAL AMOUNT OF 140
INVESTIGATIONS ON CRIMINAL WEALTH INVOLVING 105 «TAX
DANGEROUS» SUBJECTS, RESULTING IN DEMANDING SEIZURE OF OVER EUR 536
MILLION
IN PARTICULAR, A TOTAL AMOUNT OF 140
INVESTIGATIONS ON CRIMINAL WEALTH INVOLVING 105 «TAX
DANGEROUS» SUBJECTS, RESULTING IN DEMANDING SEIZURE OF OVER EUR 536
MILLION
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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MAIN INTERNATIONAL INITIATIVES MAIN INTERNATIONAL INITIATIVES
FOREIGN ACCOUNT TAX COMPLIANCE ACT (F.A.T.C.A.)FOREIGN ACCOUNT TAX COMPLIANCE ACT (F.A.T.C.A.)INTERGOUVERNATIVE AGREEMENT DEFINED BY ITALY, INTERGOUVERNATIVE AGREEMENT DEFINED BY ITALY,
FRANCE, GERMANY, UNITED KINGDOM, SPAIN AND UNITED FRANCE, GERMANY, UNITED KINGDOM, SPAIN AND UNITED STATED, STATED, BASED ON STRENGTHENING AUTHOMATIC BASED ON STRENGTHENING AUTHOMATIC
INFORMATION EXCHANGE WITH REFERENCE TO BANK INFORMATION EXCHANGE WITH REFERENCE TO BANK ACCOUNT NEWS AND DATAACCOUNT NEWS AND DATA
FOREIGN ACCOUNT TAX COMPLIANCE ACT (F.A.T.C.A.)FOREIGN ACCOUNT TAX COMPLIANCE ACT (F.A.T.C.A.)INTERGOUVERNATIVE AGREEMENT DEFINED BY ITALY, INTERGOUVERNATIVE AGREEMENT DEFINED BY ITALY,
FRANCE, GERMANY, UNITED KINGDOM, SPAIN AND UNITED FRANCE, GERMANY, UNITED KINGDOM, SPAIN AND UNITED STATED, STATED, BASED ON STRENGTHENING AUTHOMATIC BASED ON STRENGTHENING AUTHOMATIC
INFORMATION EXCHANGE WITH REFERENCE TO BANK INFORMATION EXCHANGE WITH REFERENCE TO BANK ACCOUNT NEWS AND DATAACCOUNT NEWS AND DATA
THE BERLIN AGREEMENT DATING 29° OCTOBER AT OECD THE BERLIN AGREEMENT DATING 29° OCTOBER AT OECD GLOBAL FORUM , WHICH 51 NATIONS HAVE SIGNED,GLOBAL FORUM , WHICH 51 NATIONS HAVE SIGNED, IS THE IS THE NEW AND ONLY GUIDELINE OF AUTHOMATIC NEW AND ONLY GUIDELINE OF AUTHOMATIC INFORMATION EXCHANGE INFORMATION EXCHANGE OF FINANCIAL INCOME .OF FINANCIAL INCOME .
IT WILL COME INTO FORCE SINCE 2017 IT WILL COME INTO FORCE SINCE 2017
THE BERLIN AGREEMENT DATING 29° OCTOBER AT OECD THE BERLIN AGREEMENT DATING 29° OCTOBER AT OECD GLOBAL FORUM , WHICH 51 NATIONS HAVE SIGNED,GLOBAL FORUM , WHICH 51 NATIONS HAVE SIGNED, IS THE IS THE NEW AND ONLY GUIDELINE OF AUTHOMATIC NEW AND ONLY GUIDELINE OF AUTHOMATIC INFORMATION EXCHANGE INFORMATION EXCHANGE OF FINANCIAL INCOME .OF FINANCIAL INCOME .
IT WILL COME INTO FORCE SINCE 2017 IT WILL COME INTO FORCE SINCE 2017
FIRST ACTIONFIRST ACTION SECOND ACTION SECOND ACTION
AGREEMENTS BETWEEN AGREEMENTS BETWEEN ITALY AND ITALY AND
SWITZERLAND, SWITZERLAND, LIECHTENSTEIN, THE LIECHTENSTEIN, THE
PRINCIPALITY OF PRINCIPALITY OF MONACO AND THE MONACO AND THE
VATICAN CITYVATICAN CITYTO ELIMINATE BANKING TO ELIMINATE BANKING
SECRECYSECRECY
AGREEMENTS BETWEEN AGREEMENTS BETWEEN ITALY AND ITALY AND
SWITZERLAND, SWITZERLAND, LIECHTENSTEIN, THE LIECHTENSTEIN, THE
PRINCIPALITY OF PRINCIPALITY OF MONACO AND THE MONACO AND THE
VATICAN CITYVATICAN CITYTO ELIMINATE BANKING TO ELIMINATE BANKING
SECRECYSECRECY
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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GENERAL PRINCIPLES OF THE ANTI-MONEYLAUNDERING DIRECTIVE GENERAL PRINCIPLES OF THE ANTI-MONEYLAUNDERING DIRECTIVE IV OF THE EUROPEAN PARLIAMENT AND THE COUNCIL, RECENTLY IV OF THE EUROPEAN PARLIAMENT AND THE COUNCIL, RECENTLY
APPROVED IN REFERENCE TO «INFORMATIVE TRANSPARENCY»APPROVED IN REFERENCE TO «INFORMATIVE TRANSPARENCY»
SECOND ACTION
IDENTIFYING THE REAL BENEFICIARY OF IDENTIFYING THE REAL BENEFICIARY OF OPERATIONS (I.E. «REAL OWNER») OPERATIONS (I.E. «REAL OWNER»)
ESPECIALLY WHEN SUCH IDENTITY IS BEHIND ESPECIALLY WHEN SUCH IDENTITY IS BEHIND HIGHLY STRUCTURATED SOCIETIES WHOSE HIGHLY STRUCTURATED SOCIETIES WHOSE
CONTROL CHAIN IS ABROADCONTROL CHAIN IS ABROAD
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
MAIN INTERNATIONAL INITIATIVES MAIN INTERNATIONAL INITIATIVES
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CONCLUSIONS
CLOSE CONNECTION BETWEEN MONEY LAUNDERING, CLOSE CONNECTION BETWEEN MONEY LAUNDERING, FRAUD/TAX EVASION AND CRIMEFRAUD/TAX EVASION AND CRIME
Inter-American Center of Tax Administrations Inter-American Center of Tax Administrations Technical Conference 2015 Technical Conference 2015
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