"Cases Caesar, there are twenty-five"

August 4th, 2010

Lefigaro.fr: Eric Woerth said he had never intervened in a tax audit. Correspondence concerning the estate of the sculptor César signed by him proves he not?

Alain Maillot – I think Eric Woerth has been served by the terminology it used to defend themselves in case Bettencourt. Instead of saying he was "never occurred" in any tax audit, he should have said he had "never influenced the outcome of a tax audit." Obviously, the ministers involved daily in fiscal control records since signing the letters sent to taxpayers.Only this word misused causing the current situation.

Is this a normal procedure in a tax adjustment?

When there is a disagreement between the taxpayer and tax administration, for example when a local tax authority sends a notice of assessment, the taxpayer has a formal appeal to challenge this view. As part of an important file or appreciable amount, in its legal complexities, because of the identity of the person concerned, it is possible that this action goes back to the Budget Minister. It was he who then signs the letter.

The personality of the taxpayer can be taken into account to justify an intervention of the department?

When a discrepancy exists between the tax administration and an average citizen, the case is handled locally.In this case, Caesar is an artist known internationally, the case goes back to the department. There is nothing that quite normal. The fact that Alain-Dominique Perrin (Editor's note: the sculptor executor) knows the minister may have only had the advantage of ensuring the opening of the file. The newspapers can write a monthly article about a letter signed by the Minister no checking account payday advance. Cases Caesar, there are twenty-five. Since I am a tax consultant, I dealt with 10-15 similar.

A minister may intervene further in the investigation of the case?

This is unfamiliar with the functioning of government to think that a minister can impose its own decision to its services. When signing the letter, the Minister merely prolongs the decision proposed by the administration officials who worked on the case.The minister can not trample the recommendations of its services. If he decided to ignore their advice to make a decision contrary, it would be recorded in a note added to the file. I do not think that such a note exists, Eric Woerth has not the reputation of someone who puts pressure on its services.

Other ministers are occurring in the same type of business?

That is classic relationship between tax administration and taxpayers. When the French government became a shareholder of EADS, the tax rulings have been signed by Laurent Fabius. And he is not alone. Dominique Strauss-Kahn, Michel Charasse, Jacques Chirac, Henri Emmanuelli … all ministers have signed similar letters. And it's a very good thing that the taxpayers and the government may well compromise. If this was not the case, would end all the different systematic litigation.For the taxpayer, this would result in the payment of interest, and for the administration, the need to mobilize agents of Internal Revenue during the time of the procedure. Furthermore the outcome of the case would be submitted to the discretion of a judge less familiar with the case that the administration. The possibility of compromise exists in all countries, it ensures that everyone is treated the same way.

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