VAT Fraud
Fraud allegations are the most difficult, complex and time-consuming cases to defend.
Fraud cases can often be won or lost at the investigation stage and before charge. What occurs in the early stages of an investigation can influence whether the matter leads to charge and in some cases, conviction.
Business owners and operators need to be aware of how they can inadvertently become involved in other people’s attempts to steal the Value Added Tax (VAT) owed to government from the sale of goods, or from the importation of goods from international trading partners.
The importation of deliberately undervalued goods into the UK to avoid VAT would be seen by the police as a fraud. If a trader has purchased goods that are part of a supply chain VAT fraud, then if HMRC conclude that the trader had the means of knowledge to know that this was the case, then they would seek repayment of any input VAT claimed by the trader and would inevitably lead to a criminal investigation, including whether the trader is connected to any of the parties organised in the fraud. The common practice in VAT fraud of this type is referred to as Carousel fraud or missing trader fraud (aka MTIC – Missing Trader Intra-Community)
With the UK no longer a member of the European Union, the old method of missing trader fraud (MTIC or Carousel) has effectively become a thing of the past. But not entirely: With the Gulf States opting to introduce VAT to goods since 2018, this provides one open door where another closes.
How can a VAT Fraud begin?
A trader (usually a relatively new company) purchases hugely undervalued goods from the Far East so to deliberately avoid VAT through Low Value Custom Relief. The trader then sells the goods to you at the true value here in the UK charging VAT. The responsibility to pay VAT falls to the trader who imported the goods and sold them to you. However, the trader has gone missing, and the company closed down. You sell the goods on to another company charging them VAT. You then seek to rightfully claim your VAT back from His Majesties Revenue & Customs. The missing trader cannot be realised. HMRC investigate you seeking the VAT back.
We're here to Defend You
Meticulous case preparation is the key to ensuring positive outcomes for our clients.
We relish the prospect of solving clients problems. We devise strategies, prepare meticulously, and leave nothing to chance. We will defend our clients rights with all our ability and determination. While our clients legal issues will be peculiar and unfamiliar to them, our expert lawyers have decades of invaluable experience to rely upon.We create a reassuring and protective environment, while working tirelessly to meet objectives. Our work will demonstrate our commitment to our clients and will validate the trust clients place in us. Potter Derby Solicitors do not wish to garner fame or publicity. We recognise that confidentiality of our clients cases is of the upmost importance. That is why most of our success stories will forever remain untold.
Specialist Fraud and Financial Crime Defence Solicitors
Potter Derby Solicitors are a criminal defence firm who are regularly instructed to defend people in police stations and Courts throughout England and Wales.
Evidence relating to financial crime is both comprehensive and sophisticated, only a small selection of criminal defence firms has the specialist expertise and ability to properly defend in these matters. Potter Derby is one of them.
We have secured our reputation as recognised experts at preparing criminal defence work to such a high standard over time, through working with the industry’s leading Kings Counsel and being consistently instructed in the largest and most complex cases seen in Courts throughout England & Wales.
From defending allegations of international boiler room frauds, multi million pound mortgage and VAT fraud, to inter-continental drug & firearms conspiracies to politically motivated offences. Our experience in defending the largest cases is second to none. The ethos from the start is to offer a bespoke service tailoring what we do to the specific natures of the case.
Request a callback from a solicitor
If you need urgent advice or representation please call us or submit our contact form.
Speak to a solicitor who can help advise on your situation.