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European Journal of Applied Sciences – Vol. 12, No. 3

Publication Date: June 25, 2024

DOI:10.14738/aivp.123.17062.

Olga, B. (2024). Value Added Tax Fraud in the Judgments of the Court: Why We Should Know Our Business Partners? European

Journal of Applied Sciences, Vol - 12(3). 353-360.

Services for Science and Education – United Kingdom

Value Added Tax Fraud in the Judgments of the Court: Why We

Should Know Our Business Partners?

Burianova Olga

University of Finance and Administration,

Estonska 500, 10100 Prague 10, Czech Republic

ABSTRACT

This article analyses the judgment of the Supreme Administrative Court, which

concerns carousel fraud in Value Added Tax. In particular, it examines the issue of

supplier-customer relationships in defined types of markets where carousel fraud

can be traced. The aim of the paper is to analyse the judgment of the Supreme

Administrative Court and to point out the threat of wrongly selecting a supplier

and the threat to added value in economic activity. The resulting question is: Why

should we know our business partners? The results of this paper can be a lesson

for entrepreneurs, but also for other entities trying to minimize the impact of

these frauds on the business of the parties involved and the economy as a whole.

Keywords: Carousel Fraud, Judgment of The Supreme Administrative Court, Social

Responsibility, Supplier-Customer Relations, Types of Markets, Value Added Tax (VAT).

INTRODUCTION

BDO's Global Risk Landscape Report 2022 compiled a list of risks for which companies are not

prepared. For example, risk related with geopolitical tensions at 68%, regulatory risk at 48%,

failure to innovate/meet customer needs at 15%, we come to capital/funding risk and supply

chain risk, which gained 14%. Let's take a closer look at supply chain risk by presenting a case

study in this article [1]. Establishing a successful company and doing business profitably,

creating added value, is the mission and vision of every entrepreneur.

The idea of social responsibility is closely related to this mission and vision. The idea of

corporate social responsibility appears as early as the 1930s. The modern foundations are

associated with the year 1953, in which H.R. Bowen [2] published the book Social

Responsibilities of the Businessman. In 2001, the European Commission introduced the

concept of "corporate social responsibility", where companies voluntarily integrate social and

environmental aspects into their business activities and relationships with stakeholders [3].

In 2011, the European Commission introduced the so-called renewed EU strategy for

corporate social responsibility for the period 2011-2014 [4]. Social responsibility is enshrined

in the ISO standard ČSN EN ISO 26000:2011 the Societal Responsibility [5].

As Tetřevova states:

"A business should be responsible to owners, creditors, employees, suppliers,

customers, surrounding communities, the public and other interested groups. In

these mutual relations between the company and the relevant stakeholder, there

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Services for Science and Education – United Kingdom 354

European Journal of Applied Sciences (EJAS) Vol. 12, Issue 3, June-2024

is usually no problem in defining the reasons, tools, and benefits of responsibility,

as these circumstances can be clarified and agreed on based on a mutual

dialogue" [6].

When running a business, decisions need to be made often. These decisions may not always

bring benefits, which is particularly evident in situations where there are threats affecting not

only added value and profitability, but also the reputation of the company.

METHODS

Empirical research was conducted in the following phases: selection of the research problem,

its limitations and definition, formulation of the research question. Collecting data, analysing

it, summarizing information and data in its entire context. The collection of new data is

carried out by a combination of primary and secondary research (so-called Desk Research). It

evaluates and generalizes case reports of tax fraud or VAT evasion, which serve to optimally

address the aim. Data analysis consists of testing and combining qualitative approaches [7].

Experiments and Analysis

Scientists and academic workers often focus their scientific and research activities on the area

of business practices and company strategies.

For example, Adámek and Meixnerova [8] present the business model canvas of Osterwalder

and Pigneur. It is made up of several building blocks: customer segments, value proposition –

products and services that create value for customers, channels of communication with

customers, customer relationships, revenue streams – cash, created values, key resources as

needed means, key activities, key partnership – a network of suppliers and partners and the

cost structure of operating a business model. Adámek and Meixnerova further state that a

different view is offered by Timmers [9], who works with product, service and information

flows, including a description of different business actors and their roles.

Tetřevova [6] mentions the idea of Lošťakova's [10] research:

"The creation of a value-creating chain or a value-creating network cannot be

done without the involvement of suppliers, or even downstream customers. The

links of the value chain are managed using Supply Chain Management (SCM),

which must ensure the provision of added value to the end customer by securing

the necessary raw materials and materials in a timely, fluid, and economical

manner, enabling the transformation of these material inputs into desirable

products that will be provided to customers through the sales process of the last

link in this chain”.

One can also agree with Vysekalova et al. [11], who mention the importance of corporate

identity. Corporate identity includes the company's history, philosophy and vision, people

belonging to the company and its ethical values. It is defined in different ways, but its essence

lies in the complexity of the image and is made up of a few tools that create that complexity

and integrity.

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Olga, B. (2024). Value Added Tax Fraud in the Judgments of the Court: Why We Should Know Our Business Partners? European Journal of Applied

Sciences, Vol - 12(3). 353-360.

URL: http://dx.doi.org/10.14738/aivp.123.17062

Šafrova Drašilova [12] reflects on the environment in which entrepreneurial activities take

place and claims that success is influenced not only by our personality characteristics and

background, but also by the external environment in which we want to establish ourselves.

Therefore, the customers and suppliers with whom the company comes into contact every

day, as well as the state and the legal regime to which it must adapt, are crucial for the

company. In this publication, she also mentions an interesting division of markets, which she

divides according to the type of customers we work with. She argues that the distinction

between markets is important because each has different rules and uses different tools. At a

basic level, markets are divided into B2B (business-to-business), where companies are both

customers and suppliers, and B2C (business-to-customer), where goods are sold to the final

consumer.

Figure 1: Types of markets. Own processing based on [12].

The B2B market is further divided into the industrial market, where goods and services are

traded to produce another product, and the commercial market, which deals with the

distribution of the product from the manufacturer to the final consumer. B2B markets are

usually characterized by longer business relationships and a certain loyalty to their verified

suppliers. With increasing complexity of the business plan, the structure of suppliers, with

whom we must work, also becomes more complex. If there are many suppliers to choose from

that supply more or less equivalent products, the situation is low risk. Finding and switching

to another supplier is easy and does not require much effort or cost. The problem arises when

there are few or even only one supplier, so he can dictate the price and conditions almost

without limits.

Šafrova Drašilova [12] further states that finding a reliable supplier can be a problem and

finding an alternative supplier in the event of a failure of the current supplier will significantly

reduce the negative consequences.