The Kenya Revenue Authority (KRA) has won a significant legal battle against China Communications Construction Company Limited (CCCC), securing a KES 1 billion judgment in a high-profile Value Added Tax (VAT) fraud case. The ruling, delivered on August 9, 2024, by the Tax Appeals Tribunal, marks a crucial victory in KRA’s ongoing efforts to clamp down on tax evasion schemes involving multinational corporations.
The case revolved around an intricate missing trader fraud scheme, a method frequently employed by organized crime groups to siphon off VAT from government coffers. Investigations by the KRA revealed that CCCC had been engaging in systematic tax fraud by filing fictitious invoices and inflating input VAT claims through a network of shell companies.
The fraudulent activities first came to light in November 2023, when KRA issued VAT assessment orders and debit adjustments to CCCC, disallowing nearly KES1 billion in input VAT claims. The Chinese firm contested these assessments at the Tax Appeals Tribunal, arguing that the audit was both factually and legally flawed.
However, the tribunal ruled in favor of the KRA, stating, “The upshot of the foregoing analysis is that the appeal lacks merit, and the tribunal accordingly proceeds to make orders that the appeal be and is hereby dismissed.” This ruling not only validated KRA’s findings but also underscored the seriousness of the fraudulent activities.
Evidence presented during the tribunal hearings detailed how CCCC had orchestrated its tax evasion scheme. The company was found to have claimed input VAT from six fraudulently registered shell companies. The illicitly obtained funds were then funneled into accounts in China, further complicating the investigation and recovery of the stolen VAT.
