SINGAPORE: A man was on Monday (June 29) sentenced to six years’ jail for his role in a GST ruse which saw the Inland Revenue Authority of Singapore (IRAS) pay out nearly S$764,000 in tax claims.
Luke Giam Zi Hin pleaded guilty to one count of fraudulent trading, and consented to another fraudulent trading charge being taken into consideration for the purposes of sentencing. He has made no restitution.
Police and the IRAS, in a joint statement after Giam’s sentencing, described the 44-year-old as a key member of a criminal syndicate behind a GST missing trader fraud (MTF) scheme involving approximately $114 million in fictitious sales.
“Giam’s conviction marks the end of court proceedings against a total of eight accused persons who were charged for their involvement in the same GST MTF scheme,” said the agencies.
The case involved a Singapore-incorporated GST-registered company - Nagore Trading - and several buffer companies, which acted as buyers of non-existent goods.
Nagore used forged invoices of at least 12 local suppliers to create a false appearance that it had purchased and paid these suppliers for goods.
Deputy public prosecutors Eric Hu, Jonathan Tan and Jheong Siew Yin stated in court documents that the suppliers said no such goods were sold to the firm.
They added: “The invoices were forged to create the false appearance that Nagore had paid these suppliers for the purported goods, together with 7 per cent GST payable on these goods which these suppliers should have paid to IRAS, had the transactions been genuine.”
Nagore then claimed to have sold these goods to other GST-registered companies, known as buffer companies. It also issued falsified sales invoices to these buffer companies to lend credence to these sales.
The DPPs said that these sales did not exist.
One of the buffer companies was xShine Enterprise, which was incorporated in Singapore in February 2011.
Giam had earlier claimed trial but on June 23, admitted to directing the operations of xShin.
Police and IRAS said that between July 2015 and January 2016, Giam instructed Marcus Tan Boon Leong, a director of xShine, to endorse the falsified sales invoices issued by Nagore and issue cash vouchers of xShine to Nagore to create a guise of genuine sale.
He also instructed Tan to falsify and issue at least 127 sales invoices of xShine, with sales value of least $46 million, to exporters.
The agencies said the scheme crystallises when the exporters subsequently export the “goods” purchased from the buffer companies to overseas buyers pre-arranged by the criminal syndicate.
Sometimes, Giam would instruct Tan to deliver physical goods to the exporter, to give the false impression that the sales were genuine.
The agencies added: “These physical goods would often not correspond to the goods reflected on the falsified sales invoices of xShine, in terms of their description or quantity.
“For at least 16 of the 127 fictitious sales invoices, Giam instructed Tan to make cash deposits of close to $7 million into the bank account of one exporter to represent payments from overseas buyers to the exporter.
“The exporter in turn paid xShine, with Tan retaining a portion as commission before passing the remaining monies to Giam in cash or via transfers to foreign bank accounts on Giam’s instructions.”
The falsified sales invoices of Nagore and xShine, as well as their GST filings, formed the basis of fraudulent input tax claims amounting to nearly $8 million made to IRAS.
Prosecutors said IRAS was able to detect and withhold a portion of the input tax claims made by the exporters, but it had paid out nearly $764,000 of over $964,000 claims filed.
Six co-accused persons, including Tan, were convicted for offences relating to fraudulent trading, forgery and accounts falsification.
They were sentenced to jail terms ranging from three years to four years and fifteen months for their involvement in the ruse. One other co-accused person was sentenced to five months’ imprisonment for forgery.
Police and IRAS said that any GST-registered business that claims input tax on any supply made to them which it knew or should have known to be part of an MTF arrangement, will be denied input tax and also be subject to a 10 per cent surcharge on the input tax denied. - The Straits Times/ANN
