VAT department withdraws criminal proceedings against Paul Borg Olivier
UPDATE 2 | 18.56 : Court case withdrawn by VAT department in criminal steps against PN secretary-general Paul Borg Oliver on VAT evasion.
PN secretary-general Paul Borg Olivier was to be charged in court today on 14 October, for failing to file his VAT return in time, but the case has been withdrawn by the prosecution.
It is believed the procedure has been withdrawn after Borg Olivier regularized his position.
A writ by the VAT Commissioner had asked the Commissioner of Police to file criminal proceedings against Borg Olivier on VAT evasion charges. Specifically, Borg Olivier was being charged with not having filed his VAT return within the 75-day deadline after the end of the August 2006 tax period.
The offence carries a fine of anything between €700 and €3,500, but even if convicted Borg Olivier could have requested a total or partial remission of the penalty, provided that the prosecution and the VAT Commissioner agree to such request.
A spokesman for the Finance Ministry told MaltToday that it is normal procedure to have a case in court withdrawn if the registered person complies with the provisions of the VAT legislation.
He added that during 2009, the VAT Department withdrew 1798 cases while from January to August 2010 the VAT Department withdrew 1080 cases.
In comments to MaltaToday three week ago, Borg Olivier said he had regularised his position with the VAT department. “I was not secretary-general at the time,” he said, referring to the fact that the VAT number is registered in his personal capacity as a lawyer.
Borg Olivier did not reply to MaltaToday’s questions as to whether he felt his position was untenable given that he is the subject of criminal proceedings.
Borg Olivier stressed that he had “genuinely thought [the VAT return] had been submitted."