Belgium: several indicators of a tax fraud

Alessandro PasutBELGIUM

The several indicators

There are several indicators showing the “serious” character of a tax fraud: the used of forged documents; the abnormal character of the amount compared to the activities or the equity of the taxpayer; the use of a shell company located in a tax haven, in an off-shore location or at the premises of a front man; the use of a company of which the statutory objective has been changed shortly prior to the suspicious financial transactions; the use of an intermediary party for a financial transaction, acting for the account of the tax payer; performing financial transactions that are atypical or suspicious (in the light of the normal activities of the company); the considerable increase of the turnover on a recently opened bank account that has not been used or has not been used much before.

Other indicators are irregularities in invoices relating to financial transactions; channeling payments through accounts and the existence of successive transactions through those accounts, which only have a minimal positive balance; channeling payments through accounts of other people than financial professionals; the international dimension of the financial transactions; the refusal or inability to produce proof of the reason for the payments or their origin; organizing the insolvency of a company through the sale of its assets to affiliated persons or at non-arm’s length conditions; payments of fees to foreign companies without commercial activities and payments in the opposite direction.

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