Businessman Guilty of GST Fraud, Sentenced to 24 Weeks’ Imprisonment
20 Oct 2017: Businessman Foo Tee Suan (“Foo”), who was the
sole-proprietor of FTH Enterprise (“FTH”), partner of F&T Top System
Enterprise (“F&T”) and Hwa Rong Import & Export (“HRIE”) and director
of Hwa Rong Enterprise Pte Ltd (“HREPL”), has been convicted for making false
entries in the GST returns of the four business entities which resulted in GST
refunds totalling $458,019.69.
Court Sentences
Foo faced a total of 54
GST charges of wilful intent to evade tax by making false entries in the GST
returns of the four business entities. He pleaded guilty to 18 out of the 54
GST evasion charges, involving a total GST amount of $172,314.90 undercharged,
with the other 36 remaining GST evasion charges being taken into consideration
for the purposes of sentencing. The Court sentenced Foo to 24 weeks’ imprisonment
and ordered him to pay a penalty of $516,944.70, three times the amount of tax
undercharged.
IRAS’ Audit Detected Fraudulent GST Refund Claims
One of Foo’s
business entities, F&T, was audited by IRAS during one of its regular
audits of GST-registered businesses. During the course of audit, IRAS’ auditors
discovered that Foo had made false entries in the GST returns of F&T. The
audit further discovered that Foo had also made false entries in the GST
returns of three other business entities that he was involved in.
Foo’s scheme to commit GST tax fraud first
began with a suggestion from Eric Chia Puay Yeoh (“Chia”), who was convicted in
July 2014 for masterminding a complex GST scam using multiple shell entities.
Chia suggested to Foo to voluntarily register his export business, FTH
Enterprise (FTH), for GST so that FTH could claim fictitious GST refunds. Thereafter,
Foo set up three other entities that were all shell companies without any
business transactions.
Foo, with wilful intent to evade tax, signed blank GST return forms for the four business entities and provided Chia with his Singpass in order for Chia to e-file the GST return forms for the four business entities. To illegally obtain GST refunds, Chia declared fictitious figures in the GST returns and fraudulently claimed a total of $457,749.59 in GST refunds. Foo benefitted from the fictitious GST refunds that Chia obtained and used some of the GST refund monies for his own personal expenses.
Severe Penalties for Fraudulent GST Claims
GST-registered
businesses are allowed to offset the GST they pay for their purchases (input
tax) against the GST they collect from sales (output tax). They pay the net
difference to IRAS. Those that incur more GST on purchases than they collect
from their sales can claim the difference from IRAS in the form of GST refunds.
It
is a serious offence to claim GST input tax on fictitious purchases or understate
output tax on sales. Offenders face a penalty of three times the amount of tax
undercharged, a fine not exceeding $10,000, and/or imprisonment of up to seven
years.
Disclosure or Reporting of Malpractices
Businesses or individuals are encouraged to immediately disclose any past tax mistakes. IRAS will treat such disclosures as mitigating factors when considering action to be taken. Those who wish to disclose past mistakes, reveal evaded taxes, or report malpractices that might indicate tax evasion, can write to:
Inland Revenue Authority of Singapore
Investigation & Forensics Division
55 Newton Road, Revenue House
Singapore 307987
Email: [email protected]
Cash Reward for Informants
A reward based on 15% of the tax recovered, capped at $100,000, will be given to informants if the information and/or documents provided lead to the recovery of tax that would have otherwise been lost. All payments are at the discretion of the Comptroller. IRAS will ensure that the identities of informants are kept strictly confidential.
Inland Revenue Authority of Singapore