Missing Trader Intra-Community
fraud
66. The total amounts of the Government's VAT receipts
in recent years have been adversely affected by Missing Trader
Intra-Community fraud, characterised by the Government as "an
organised criminal attack on the EU VAT system".[237]
Such fraud seeks to exploit the fact that exports are zero-rated
for VAT, while VAT on imports is subject to deferred payment.
The fraud involves company A which sells goods for export reclaiming
VAT on those goods because exports are zero-rated while company
B importing the goods sells the goods to company C and requires
company C to pay to company B the cost of VAT on those goods subject
to import. Company B (the "missing trader") then disappears
before the VAT which it received from company C is remitted to
the revenue authority in the relevant country. The fraudsters
involved have regularly changed their methods, but a frequent
feature of the fraud is that certain high value goods continue
to circulate within the European Union ("carousel fraud"),
attracting the rebate when they are exported but with the matching
import charge never actually paid by the "missing trader".[238]
At the time of last year's Pre-Budget Report, HM Revenue &
Customs provided new estimates of the Exchequer losses from Missing
Trader Intra-Community fraud, indicating that the United Kingdom's
VAT receipts could have been reduced by between £2 billion
and £3 billion in 2005-06 alone due to such fraud.[239]
67. The EU VAT system is vulnerable to such fraud
in part because the value of VAT on imports is paid by the purchaser
to the seller, on whom the VAT liability falls; this opens up
the opportunity for the seller who is a "missing trader".
One way to combat such fraud is to establish an arrangement whereby
the liability to pay VAT does not fall on the seller, but is incurred
at the end of the supply chain; this arrangement is referred to
as the "reverse charge".[240]
The introduction of the "reverse charge" requires a
derogation from EU VAT law. In evidence to us on 13 December 2006,
the Chancellor of the Exchequer announced:
Securing a derogation from European Union VAT law
to enable what is called a 'reverse charge' has been a vital part
of the Government's strategy against carousel fraud. The reverse
charge would enable VAT to be charged for those particular items
where fraud has been more prevalent, mobile phones and computer
chips, at the point of sale to the consumer rather than at different
points in the supply chain. This now would remove the mechanism
by which the fraudster steals VAT in the supply chain. I am, therefore,
pleased to tell the Committee that last night an agreement was
reached on the derogation we have sought with France and, with
the support now of other Member States, I am confident that the
derogation will be adopted
The impact of the reverse charge
has been cautiously estimated with a yield of an additional £500
million in 2007-08, although the true impact will obviously depend
on the levels of fraud in future years. However, the reverse charge
will move the mechanism for stealing VAT from around 90% of goods
currently traded in carousel fraud.[241]
68. In the event, however, the Chancellor of the
Exchequer's announcement was not followed immediately by agreement
within the EU on the derogation to permit the introduction of
a "reverse charge" on certain types of goods, perhaps
in part because certain Member States favoured an approach whereby
the "reverse charge" would apply to all goods above
a certain value, rather than to particular categories of goods.[242]
However, on 19 March 2007, the Government was able to announce
that agreement had been reached enabling the "reverse charge"
to be introduced on 1 June 2007 for mobile phones and computer
chips, the goods most commonly used in Missing Trader Intra-Community
fraud.[243] This was
followed by a further announcement in the Budget of changes that
would enable the Treasury to extend the joint and several liability
provisions, which already cover certain goods used by the traders,
to a wider range of specified goods.[244]
Under the current provisions, HM Revenue & Customs can direct
that a business receiving certain goods from another business
is jointly and severally liable for VAT if HM Revenue & Customs
have reasonable grounds to suspect that VAT would go unpaid elsewhere
in the supply chain.[245]
69. The Budget estimated the additional Exchequer
yield from the latest measures to counter Missing Trader Intra-Community
fraud at £50 million in 2007-08.[246]
When asked to explain why the estimated yield in that year was
significantly lower than the figure of £500 million cited
by the Chancellor of the Exchequer in December 2006 for the gains
from the introduction of the "reverse charge", Treasury
officials gave two reasons. First, they said that the operational
strategy of HM Revenue & Customs to bear down on such fraud
had been "very successful, so there is less revenue to save
as a result of the derogation".[247]
Second, they told us that "the derogation is coming in slightly
later than we expected and is only covering the key goods".[248]
Overall, the Treasury observed that the deterioration of VAT receipts
resulting from the "shock" of Missing Trader fraud "now
looks as if it has been contained to a short period".[249]
Mr Whiting supported the view that progress was being made in
tackling such fraud, both through the "reverse charge"
and operational measures taken by HM Revenue & Customs, while
noting that there would be a challenge in the future in responding
to the possibility that the introduction of a "reverse charge"
on certain categories of goods might encourage fraudsters to switch
their attention to other types of goods not previously the subject
of such fraud.[250]
After we concluded taking oral evidence, further information about
the derogation became available, indicating that the derogation
will initially only be for the period up to 30 April 2009 "because
it cannot be ascertained with certainty that the objectives of
the measure will be achieved, nor can the impact of the measure
on the functioning of the VAT system in the United Kingdom and
in other Member States be gauged in advance".[251]
We welcome signs of progress by HM Revenue & Customs in
combating Missing Trader Intra-Community fraud. We also welcome
the agreement secured by the United Kingdom Government to a derogation
from EU VAT law to enable the application from 1 June 2007 of
a "reverse charge" to certain categories of goods that
have proved attractive to fraudsters. We note that estimates of
the additional Exchequer receipts from this measure appear to
have been revised downwards substantially since the Chancellor
of the Exchequer's initial announcement in evidence to us on 13
December 2006 and we recommend that the Government, in its response
to this Report, provide a fuller explanation for this downward
revision, including an assessment of the likely impact of the
time-limited nature of the initial derogation. We expect the Government
to remain vigilant for signs that fraudsters are switching their
attention to categories of goods that are not covered by the new
derogation from EU VAT law. We further recommend that, in its
response to this Report, the Government set out the state of discussions
within the EU about the possibility of subsequent, further extensions
of the VAT derogation to combat Missing Trader Intra-Community
fraud, both in terms of the range of goods covered by the derogation
and the duration of the derogation.
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