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Risk of fraud

29 September 2015
Categories: Tax cases , VAT
Wireless Wizards Ltd v CRC, Upper Tribunal (Tax and Chancery Chamber), 26 August 2015
In April 2006 the taxpayer bought four lots of mobile phones from T for £5 941 750 plus VAT. The taxpayer knew the phones had been imported into the UK from France. On the same day that it purchased the phones it sold them for £6 176 500 to W a Spain-based customer of T to be delivered in France where T also had a French operation. The sales were zero rated so the taxpayer did not charge output VAT. It claimed input tax on the four purchases.
HMRC refused the claim saying the transactions formed part of a missing trader intra-community fraud and the taxpayer knew or should have been aware of it.
The First-tier Tribunal dismissed the taxpayer’s appeal on the ground it should have known that the transactions...

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