header-logo header-logo

23 March 2007
Issue: 7265 / Categories: Legal News , Company , Tax , Commercial
printer mail-detail

Just Fabulous delivers blow to carousel fraud

HM Revenue & Customs (HMRC) has won a court victory against VAT ‘carousel’ fraud.

HM Revenue & Customs (HMRC) has won a court victory against VAT ‘carousel’ fraud. Mr Justice Burton in R (Just Fabulous (UK) Ltd) v HM Revenue & Customs held that Just Fabulous could not reclaim £19.5m VAT relating to its purchase of mobile phones from four suppliers.

The case concerns a type of carousel fraud—the repeated importing and exporting of goods from EU countries, with the VAT being reclaimed each time— known as contra or offset trading where carousels across several borders are linked, making it more difficult for the authorities to track them down.

Just Fabulous and two other firms, Evolution Export Trading and Brayfal, claimed they could not have been expected to know a fraud was taking place in a trade chain different from theirs.

HMRC successfully argued that the European Court of Justice case, Axel Kittel v Belgian State: C-439/04, applied to offset trading, meaning it was entitled to deny repayment to firms that knew, or should have known, that some fraud was

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll