Select Committee on European Union Twentieth Report


CHAPTER 5: SUMMARY OF CONCLUSIONS

77.  We recommend that Government works with other Member States to ensure that the Court of Auditors' proposed changes to the Community Transit system are prioritised in order to attack the supply chain for this variant of MTIC Fraud. (Paragraph 12)

78.  Missing Trader Intra-Community Fraud is occurring on a substantial scale across the European Union. We agree with HMRC that this is an outright attack on the tax system, and note that it precipitates other crimes, such as theft of consignments. We accept the evidence that the majority of the fraud is being undertaken by a small number of sophisticated criminal gangs. (Paragraph 19)

79.  As things stand, HMRC has no option but to continue with extended verification; however they need to take real and substantive steps to ensure that their actions do not damage the innocent and are proportionate to the scale of the fraud. We note that, according to the Paymaster General, this approach has led to a "massive drop" in attempted MTIC fraud in 2006/07. This appears to justify their approach; however, the system of extended verification is an inefficient and unsustainable use of HMRC's resources, and does impose a significant burden on smaller firms. (Paragraph 28)

80.  It is generally accepted that the broad phenomenon of MTIC fraud is out of control; we expect it to continue to mutate into other sectors. (Paragraph 40)

81.  We suggest that HMRC should undertake further work to examine the viability of real-time data capture of transactions by VAT-registered companies. (Paragraph 45)

82.  HMRC's current strategy has succeeded in containing MTIC fraud, but will not eliminate it; the Government sought the reverse charge derogation because HMRC's current strategy is unsustainable. The reverse charge will stop MTIC fraud where it has been most prevalent, but we expect the fraud to migrate and mutate. Consequently we anticipate that when the UK's derogation is reviewed in two years time there will be requests for the reverse charge scheme to be expanded, either to other Member States or other products, or both. (Paragraph 51)

83.  The current mechanism for intra-Community VAT transactions is not sustainable. While the amount of money being lost in the United Kingdom may have fallen in 2006/07, mutation into other industry sectors will bring a subsequent rise in fraud levels. We believe that prevention is better than cure. A wide-ranging change to the VAT system is required and the Government should start discussions with the European Commission and other Member States on the form this should take. (Paragraph 52)

84.  We believe however that an Origin System or Flat Rate Origin System without a Clearing House merits further serious study. (Paragraph 74)

85.  Harmonisation of VAT rates would remove the opportunity of MTIC fraud. The UK is not alone in opposing this harmonisation. Doing nothing is not an option. A continued ratcheting up of the complexity and compliance requirements related to the existing system will impose increasing costs on legitimate business. A solution to MTIC Fraud will benefit every Member State: countries need to recognise this and agree to act together. It is now time for the Government and other Member States to look more sympathetically at a radical change to the VAT system. The flat rate origin system proposal, either with or without a clearing house, merits further serious study of the potential impact on businesses, levels of trade, and Member State revenues. (Paragraph 75)

86.  We invite the Government, when responding to this Report, to assess the relative merits of all the options for reform which it describes. (Paragraph 76)


 
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