@misc{Dominik-Ogińska_Dagmara_Czy_2018,
 author={Dominik-Ogińska, Dagmara},
 copyright={Copyright by Uniwersytet Wrocławski},
 howpublished={online},
 year={2018},
 publisher={Uniwersytet Wrocławski. Wydział Prawa, Administracji i Ekonomii},
 language={pol},
 abstract={The article presents arguments which show that it is impossible to apply the concept of the abuse of law developed within the case law of the CJEU when we deal with carousel fraud.The problem itself appeared on the grounds of tax proceedings currently pending before the tax authorities. These authorities are unwisely trying to using of this concept to fight with carouselfraud. As a consequence of the position adopted in such a way, the tax authorities "reformulate" the activities performed by individual entrepreneurs, which are links of the carouselfraud, in the way that all supplies and acquisitions are considered as activities not covered by the VAT system. Thus, through such a simple procedure, the VAT system, which in its assumption is a neutral system for entrepreneurs, becomes an oppressive system of cascading turnover tax. Such practice leads to the punishment of honest entrepreneurs who have been deliberately "lured" to this practice, so as to make it impossible to find the authors of such a harmful ‒ also for the VAT system itself ‒ practice},
 title={Czy można nadużyć oszustwa podatkowego? Refleksje na gruncie orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej},
 keywords={tax avoidance, tax evasion, tax fraud, carrousel fraud, abuse of law},
}