Merle Engelen

  Faculty of Law | Bachelor Tax Law

Handelen als overheid of als ondernemer: een verlegging in de scheidingslijn

Merle's elevator pitch
Is the government acting as a public authority or as a private company when it collects waste? In some cases, the government acts not as a public authority but rather as a taxpayer, tax authority or even a judicial body. Exempting public authorities from paying taxes, leads to a distortion of competition between public and private companies. To prevent distortion of competition, the activities of public authorities will be taxed only in sofar as special circumstances apply. However, exempting public authorities from paying taxes also poses several challenges. For instance, the sales tax would otherwise represent a cost, making it economically nonviable for public authorities to outsource services. This thesis clarifies the shifting boundary between acting as a public authority and acting as a private company.