is this VAT fraud?

I know someone who is running a VAT registered UK limited company.

He buys services from another UK VAT registered company, and claims the VAT back. However, his only customer is an offshore registered company which isn't VAT registered. The offshore company then resells the services it bought from Company A to UK customers, without charging or paying VAT. I should add that the owner of Company A is also the owner of the offshore company, which he created specifically for this purpose.

The net result is Company A isn't paying any VAT. I know why he did it

- non of his customers are VAT registered so charging VAT was hurting him. By selling via an offshore company he doesn't have to charge VAT so his prices are cheaper.

as you might have guessed I'm in direct competition with this guy and his VAT-less prices are costing me. is he breaking any laws?

Reply to
dietz
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"it sounds like you are seething with jealousy that the other guy has set up this operation, indded instead of telling all the world about it why dont you simply do the same, instead of grassing on your competitors, who no doubt is doing much better than you in any case.

Reply to
StudMuffin

Heh, heh. His initials wouldn't happen to be GN, would they?

Reply to
Ronald Raygun

But you haven't answered the original question - is it fraud or not?

Reply to
Fred Smith

"dietz" wrote

Where exactly is "offshore"?

Question - If his (UK) Company A doesn't need to charge VAT when selling services to his "offshore" company, then why doesn't the offshore company simply "cut-out the middleman" and buy the services directly from the initial supplier - who wouldn't have to charge the "offshore" company VAT either? Or should his UK company really be charging the "offshore" company VAT when it (re-)sells its services?

Reply to
Tim

From what I remember, goods and services can be transferred between 2 companies without VAT being charged, if they are under common control. It seems the chap has been clever and has found a nice loophole!

Reply to
Mikael Armstrong

I wondered that :-)

Reply to
Tumbleweed

Yes but - petty emotional issues aside - it would be best to find out if it was actually legal otherwise it could have negative future implications. It seems a bit too good to be true. If it is legal then it is a very good idea.

Reply to
Sam Smith

Because the offshore company isn't in it for profit, it's a stooge acting as a stepping stone to re-import what company A has exported.

You don't charge VAT on exports. On the other hand, this is a bit of grey area. Were the dealing in goods as opposed to services, things would be a bit more transparent. It's a pity the OP started the labelling in the middle. The position AIUI is:

Company Z sells to company A. Z charges A VAT. A reclaims the VAT. A exports to company B (no VAT chargeable). Company C re-imports the goods from B. At this point C ought to pay VAT to Customs. But how are Customs to know, especially if the goods never physically leave the country? Illegal, of course, even if they don't find out.

Unlike goods, however, services don't really lend themselves to being passed down the line like that, never mind being exported and re-imported. It would seem that in reality Z is supplying the services to C, with our man Graeme at the helm of A and B acting as a muddleman in the billing chain, charging his clients 25% mark-up for the "service" of saving them

17.5% VAT. :-)
Reply to
Ronald Raygun

What is the service involved. It makes a big difference.

Reply to
JB

I liked the way "Company A" just popped up without any definition!

Reply to
Peter Saxton

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