"Often instructed by senior legal, accounting and financial services professionals"

Chambers & Partners

Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'

"One of, if not the best, criminal specialist firms in the country" (Legal 500 | 2021 Edition)

VAT Assessments | Kittel | MTIC Carousel

Our Reputation

Kangs Solicitors has a proven track record of successfully representing clients in VAT related matters for over twenty years.

Since 1997 we have been deploying our extensive resources, expertise and skill to advise both corporate and individual clients in complex VAT issues.

Our award-winning team of solicitors is nationally recognised for its work in relation to HMRC tax investigations.

Noted expertise in HMRC cases. Extremely well-reputed for advising on high-value matters.

Chambers & Partners | 2020 Edition

Both the leading directories, the Legal 500 and Chambers UK rank the firm in the highest categories for our work in financial fraud and tax investigations.

Call Us For Confidential Advice

Our team is sensitive to the fact that a VAT enquiry or investigation can have a significant impact on the operation of a business and on the livelihood of an individual. We aim to minimise the risk of reputational damage and provide practical cost-effective solutions for our clients.

If you have received a VAT Notice of Assessment, a VAT Penalty Notice or any other form of VAT related correspondence from HMRC, our team of expert tax solicitors can be contacted for confidential and discrete advice as follows:

Our Clients

Our clients, in relation to VAT investigations and assessments, include:

  • Corporations and companies
  • LLPs and partnerships
  • SMEs
  • Sole traders
  • Professional advisers – legal, accountancy and financial
  • HNW Individuals.

What Do We Do?

We assist corporate and individual clients as follows:

Our Expertise

Our expertise in relation to VAT investigations is extensive and includes:

  • Kittel Principle investigations, penalties and assessments
  • MTIC investigations, penalties and assessments
  • Criminal proceedings for VAT fraud

Kittel Principle | Means of Knowledge VAT Cases

We are experienced in conducting cases where HMRC has issued a VAT Notice of Assessment to an individual or company under the Kittel principle.

If you have received a VAT Notice of Assessment, HMRC will usually confirm in correspondence to you if the decision has been based on the Kittel principle.

What is the Kittel Principle?

The Kittel principle derives from a European Court of Justice (‘ECJ’) judgement in the case of Axel Kittel & Recolta Recycling SPRL in 2006.

The case sets out the Kittel principle that a taxpayer who claims input tax on transactions which:

he knew or

should have known

were connected with fraudulent evasion of VAT

is to be denied his entitlement to the right to claim that input tax.

What is the basis for reaching this conclusion?

The reasoning behind this is explained by the ECJ as follows:

‘…a taxable person who knew or should have known that, by his purchase, he was taking part in a transaction connected with fraudulent evasion of VAT must….be regarded as a participant in that fraud, irrespective of whether he profited by the resale of the goods.

That is because in such a situation the taxable person aids the perpetrators of the fraud and becomes their accomplice.’

We have represented many clients who have been ‘caught up’ in such a scenario and accused of being participants in the fraud when in fact they have had an unblemished record of trading up to that point.

What do Kittel cases involve?

In general terms in order for the Kittel principle to apply, three things need to exist:

  1. Was there fraudulent evasion of VAT?
  2. Was the transaction ‘connected with’ that fraudulent evasion of VAT?
  3. Did the taxable person, when he entered into the transaction, know or should have known that it was ‘connected with fraudulent evasion of VAT’?

HMRC are usually capable of demonstrating points 1 & 2 above by producing evidence of the tax loss caused by another trader in the trading chain and producing evidence of the trading chain which demonstrates that the taxpayer was ‘connected with’ that trading chain.

In most cases the contentious issue is point 3 above as the issue of whether a taxable person ‘knew’ or ‘ought to have known’ is often based on HMRC inviting certain inferences to be drawn from the existence of certain facts and/or documents.

We are familiar with the ‘hallmarks’ of fraud that HMRC will usually claim are present in such transactions and have substantial experience successfully presenting the counter-argument to such assertions.

Please follow this link to read the article ‘VAT Assessment Solicitors & Kittel Principle in
HMRC Cases’ written by Hamraj Kang of Kangs Solicitors.

MTIC | Missing Trader | Carousel Fraud VAT Cases

We are one of the leading firms in the country handling VAT cases based on MTIC, missing trader and carousel allegations.

Our track record dates back to 1997 and we have the substantial advantage of having conducted many high profile VAT cases both in the criminal courts and in the civil courts including the Tax Tribunals.

If you have received a Notice of VAT Assessment based on such allegations, we have considerable expertise in this area to assist you.

We assist many UK traders who have been innocently caught up in fraudsters’ carousel trading chains and, as a result, face a heavy tax liability under the Kittel principle long after the fraudulent traders in the chain have disappeared.

What is MTIC, Missing Trader or Carousel Fraud?

MTIC and missing trader fraud come in may guises and can involve complex trading chains and contra-trading chains which are often designed to avoid scrutiny by HMRC.

A simple form of the fraud is for a taxable trader to ‘go missing’ after having collected VAT on its sales and fails to account for that VAT to HMRC.

MTIC fraud involves taxable traders exploiting the laws relating to cross border transactions within the EU due to zero rated supplies on export and the ability to seek VAT repayment claims from HMRC.

Carousel frauds involve the same product or commodity being passed around a number of traders with the goods (at least in part) often returning to the original taxable supplier. Evidence of such transactions is often adduced by HMRC to demonstrate the alleged ‘artificiality’ of the trading.

‘Innocent’ Traders in MTIC Trading Chains

Usually, the ‘missing’ or ‘defaulting’ trader in the trading chain has disappeared by the time the MTIC/carousel fraud is uncovered by HMRC and the VAT loss has been both identified and quantified.

As the defaulting trader can longer be traced by HMRC, its attention turns to other taxable traders in the trading chain. These are usually the ‘innocent’ traders who have not been directly responsible for the VAT loss in the trading chain.

Such companies are targeted by HMRC under the Kittel principle on the basis that the taxable trader, when he entered into the transaction, knew or ought to have known that it was connected to fraudulent evasion of VAT.

The innocent companies caught up in such trading chains are often served with a Notice of VAT Assessment & Penalty Notice by HMRC. 

We can assist companies challenge the VAT Assessment & Penalty Notice by way of pursuing the Review procedure available via HMRC (Informal Review and Formal Internal Review) as well as by way of an Appeal to the First-tier Tax Tribunal.

Why Target ‘Innocent’ Traders?

HMRC target the remaining companies in the trading chain on the basis that the trader knew or ought to have known the transaction was connected to fraud and therefore the trader was not entitled to the right to deduct its input tax.

The effect is to encourage legitimate traders to conduct appropriate due diligence checks before entering into a trading arrangement with another company. The trader is encouraged to check both the legitimacy of its new trading partner and the legitimacy of the transaction being proposed.

What Defence Is Available To Innocent Traders?

We can assist corporate and individual clients prepare a defence to such VAT allegations by HMRC.

What is usually required is evidence that the trader has taken all precautions reasonably required of the trader to ensure that the transaction is not connected with fraud.

However, the courts have ruled that even where a trader has taken all reasonable precautions to guard against the transaction being connected to fraud, the trader could still be liable on the basis that the circumstances of the transaction should have alerted the trader to the fact that it could be fraudulent.

How Can we Help?

Each case will be dependent on its own facts and we are able to provide clients with clear and concise advice regarding the merits of their case as well as:

Criminal Proceedings For VAT Fraud

Our criminal VAT fraud department is consistently recognised by the Legal 500 and Chambers UK as a leading specialist in the country.

We have an enviable record of defending MTIC cases in courts throughout England & Wales as we have been involved in many of the largest prosecutions ever brought by HMRC over the last two decades.

For further details of the MTIC cases we have conducted please follow this link to our ‘Serious Fraud | VAT & Tax’ webpage. 

Multi-Disciplinary Team

In addition to our own team of award-winning solicitors, we have long-established working relationships with other professionals who we are often required to work in conjunction with on VAT cases including forensic accountants as well as the leading barristers and QCs in the country.

Who Can I Contact For Help?

Hamraj Kang leads an award-winning team of lawyers nationally recognised for its excellence and expertise in VAT and MTIC cases.

We welcome enquiries by telephone or email.

We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing.

Contact:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0161 817 5020  | 020 7936 6396 07989 521 210

 

    Particularly active in high value financial fraud cases, with notable expertise in ‘boiler room’ cases

    Legal 500

    It is an outstanding firm in defending financial crime cases

    Chambers & Partners

    Frequently represents high-profile individuals

    Chambers & Partners

    Recognised for astute command of financial crime

    Chambers & Partners

    Latest News

    Chambers & Partners Recognition | Band 1 For Criminal Defence

    The leading legal directory, Chambers & Partners UK (2021 edition) has recently been published and it has ranked Kangs Solicitors in Band 1 for criminal defence work.The ranking is the highest band that can be awarded to a law firm. Chambers & Partners is a...

    Fatal Injury | Kangs Health and Safety Solicitors

    Birmingham Magistrates’ Court has recently imposed a massive fine upon a Warwick based company (‘the company’) following an accident which sadly resulted in an employee suffering a fatal injury. The company had pleaded guilty to breaches of Health & Safety...

    Document Disclosure | Civil & Criminal Crossover | Kangs Solicitors

    In the recent case of The Official Receiver v Andrew Nathaniel Skeene & Junie Conrad Omari Bowers [2020] EWHC 1252 (Ch) consideration was given to the request by the Serious Fraud Office (‘SFO’) to the Official Receiver for the disclosure of documents submitted...

    Homeowners Defrauded | Kangs Trading Standards Defence Solicitors

    Six defendants have recently been sentenced at Croydon Crown Court after defrauding vulnerable homeowners of more than four hundred and seventy thousand pounds for payment of bogus roof repairs. The Prosecution was conducted by Croydon Council and National Trading...

    Birmingham

    2 Wake Green Road, Moseley
    Birmingham, B13 9EZ

    0121 449 9888

    London

    9 Carmelite Street,
    London, EC4Y 0DR

    020 7936 6396

    Manchester

    76 King Street
    Manchester, M2 4NH

    0161 817 5020