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Buletin 3_4-2010 web.pdf - Curtea de Conturi a Republicii Moldova

Buletin 3_4-2010 web.pdf - Curtea de Conturi a Republicii Moldova

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To simplify the procedures for liquidation of<br />

economic entities that are not working and<br />

submit no accounts;<br />

To intensify administrative and criminal liability<br />

for failure to pay taxes;<br />

To extend media coverage and transparency<br />

of tax evasion;<br />

To <strong>de</strong>velop a concrete program to combat tax<br />

evasion .<br />

revenue administration by Customs Service<br />

2009 customs revenue were collected with<br />

an excess of 5 .9% against the plan specified<br />

(due to specification of the reduction in revenue<br />

by MDL 1986 .3 mln); generally, customs<br />

revenues were down compared to previous<br />

years, due to the following factors:<br />

− economic crisis – <strong>de</strong>creasing imports by<br />

USD 1589 .8 mln (46 .0%);<br />

− granting exemptions and facilities for VAT,<br />

excise and customs duties – MDL 2511 .8<br />

million (32 .6% of total revenues);<br />

− reduced customs value un<strong>de</strong>r import customs<br />

regime – brokers, and ineffective internal<br />

controls in monitoring the customs<br />

value;<br />

− incomplete collection of customs duties –<br />

incorrect ascertaining documents challenged<br />

in administrative courts (MDL 52 .9 mln<br />

– annulled);<br />

− non-estimation of the value of all goods<br />

– transport means, goods <strong>de</strong>tained or seized,<br />

off-shore transactions (20,6 thousand<br />

import / export statements – MDL 2 .4 billion)<br />

.<br />

Revenues by structure: VAT – 71 .5%, excise<br />

and customs duties – 17 .0% and 8 .1% .<br />

Arrears for customs payments – as at<br />

31 .12 .2009 – MDL 106 .9 million, <strong>de</strong>creasing<br />

by MDL 131 .4 mln because of payment of<br />

overdue liabilities in 2008 (MDL 121 .8 mln) .<br />

Calculation of import /export duties – compliance<br />

with legislation:<br />

−<br />

−<br />

−<br />

estimation of the customs value, often di-<br />

minished, according to the method chosen<br />

by the <strong>de</strong>clarant; unenforced clearance<br />

methods No .2-5 (Law no 1380-XIII) – incomplete<br />

collection of import duties;<br />

increased risk of incorrect estimation of<br />

customs value – upon <strong>de</strong>claration, as well<br />

as upon post-clearance;<br />

The import of meat and meat products –<br />

approved by the MET, monopolized by 14<br />

−<br />

companies; transactions carried out by resi<strong>de</strong>nts<br />

in offshore areas;<br />

lack of special duties and anti-dumping<br />

duties to protect domestic market from<br />

imports of meat and meat products .<br />

Customs exemptions and facilities – compliance<br />

of management:<br />

− have no positive impact on the economy,<br />

often generating unfair competition between<br />

importers that influence the growth<br />

in commodity prices in facilitated regime<br />

(32 .6% of total import duties);<br />

− the foundation of businesses by disabled<br />

people – beneficiaries of tax incentives – a<br />

method of avoiding import duties (- MDL<br />

8 .1 mln in budget) (number of persons<br />

with disabilities in privileged businesses –<br />

5-11 people);<br />

− 529 businesses have benefited from exemptions<br />

of MDL 125 .9 mln – import of<br />

material assets to be inclu<strong>de</strong>d in equity<br />

capital, of which MDL 18 .3 mln – exemption<br />

granted upon import of 301 units of<br />

transport;<br />

− irregular facilities – MDL 1 .6 mln; upon customs<br />

clearance- MDL 1 .3 mln exemptions;<br />

Free Economic Zone – five resi<strong>de</strong>nts of “Ungheni-Business”<br />

FEZ have sold goods, manufactured<br />

in the FEZ; over 30% – on the remaining<br />

customs territory – MDL 9 .4 mln .<br />

Goods seized or <strong>de</strong>tained by customs – worth<br />

MDL 4 .4 mln – non-estimation of all commodities,<br />

goods and vehicles, respectively they<br />

were not all submitted to the STS . Goods un<strong>de</strong>livered<br />

to STS worth MDL 1 .0 million, USD<br />

4300 and 1200 euros (cars) – lack of regulations<br />

regarding the legal status of the cars .<br />

Transactions via resi<strong>de</strong>nts in offshore areas<br />

– 20 600 statements worth MDL 2 .4 billion<br />

via registered areas (Panama, Gibraltar, Bahamas,<br />

Belize, Puerto-Rico, etc .) – CCECC Or<strong>de</strong>r<br />

118/20 .11 .2007; the income from off-shore<br />

areas is not taxed, allowing for tax evasion .<br />

Customs warehouses – 29 customs warehouses,<br />

irregularities related to excisable goods<br />

placed in customs warehouses in the amount<br />

of MDL 9 .1 mln – prohibited by law .<br />

Capital investments and repairs<br />

The low level of accountability of employees of<br />

the institutional system of beneficiaries of public<br />

funds led to:<br />

11<br />

Audit activity

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