| 释义 |
- Benefits
- Disadvantages
- References
- External links
In the United States, a voluntary disclosure agreement (VDA), is a program whereby taxpayers can receive certain benefits from proactively disclosing prior period tax liabilities in accordance with a binding agreement.[1] Most states offer Voluntary Disclosure Agreements to encourage companies to comply with a state's tax laws and in turn generate revenue for the state that it may not have had if the company did not come forward and disclose its liabilities.[2] Additionally, the state can generate future revenue by having a company register in their state to collect and remit certain taxes. BenefitsThe primary benefits of a voluntary disclosure typically include: - Limitations of the prior look-Back period - Usually the look-back period is limited to between 3 and 5 years as opposed to having no statute of limitations if no return has ever been filed. However, for the offshore voluntary disclosure program, there is an 8-year look back period.[3] In some cases prospective agreements can be reached in which the taxpayer is forgiven of all past liabilities, but agrees to future compliance.
- Abatement of penalties - Most states will waive penalties on any prior period taxes that are remitted in connection with a voluntary disclosure agreement.
- Full or partial interest[4]- A limited number of states will abate interest in full. Many states apply a reduced interest rate to prior period taxes remitted in connection with a voluntary disclosure agreement.
- Friendlier sales and use tax audit - While state taxing authorities typically reserve the right to audit taxpayers who come forward pursuant to a voluntary disclosure agreement, the audit will typically be limited to the reduced look-back period, and it would generally focus more on understanding and confirming the reasonableness of the taxpayer's liability quantification approach, rather than on uncovering additional liabilities.
- Brings closure to prior periods - The taxpayer will be comfortable knowing that prior period liabilities are closed and will be able to concentrate its compliance efforts on current and future periods.
- Protects potential buyers from prior ownership's liabilities.
Disadvantages- Cost - The main disadvantage of this alternative is the cost. This alternative usually requires the assistance of a third party service provider who will require a fee for their services and the compliance cost might outweigh the benefits (i.e. if the potential exposure is not material).
- Compliance burden - The taxpayer will have an increased compliance burden immediately and going forward, as they will now be required to remit and report taxes.
References1. ^{{cite web | url=http://www.ct.gov/drs/cwp/view.asp?a=1430&q=265826 | title=Voluntary Disclosure Program | publisher=CT.gov | accessdate=11 January 2014}}
2. ^{{cite web | url=https://www.ftb.ca.gov/bills_and_notices/voluntary/voluntary.shtml#BusinessEntity | title=What is a Qualified Entity? | accessdate=11 January 2014}}
3. ^{{cite web | url=https://legalsolutions.thomsonreuters.com/law-products/Treatises/Foreign-Accounts-Compliance-2017-ed/p/104631932 | title=Foreign Accounts Compliance | accessdate=27 February 2018}}
4. ^{{cite web | url=http://www.revenue.louisiana.gov/sections/faq/default.aspx?type=GEN&cat=COL#faq-360 | title=Abatement of Interest | accessdate=11 January 2014}}
External links- Voluntary Disclosure Agreements (96-576)
- Taxes - Voluntary Disclosure
- Voluntary Disclosure Program Guideline
- Voluntary Disclosure and Compliance Program
1 : Taxation in the United States |