20 July 2012

Tax fraud: R. v. Rowley & Skinner


Fraudulent GST invoices totalling $9.5 million which generated personal benefits exceeding $2.3 million for two Wellington tax agents resulted in convictions for Barrie James Skinner and David Ingram Rowley, trading as Tax Planning Services Ltd.
This followed a raid on Tax Planning’s offices in April 2010 by a dozen Inland Revenue officers.  They spent twelve hours searching through the company’s records and took copies of computer hard drives.
Inland Revenue suffered an initial loss of $3.1 million because of the scam, but recovered most of these losses after reversing the deductions and GST input credits claimed by Tax Planning clients.  Skinner and Rowley were convicted of multiple offences for dishonest use of documents to obtain a pecuniary advantage, perverting the course of justice and knowingly providing false information to Inland Revenue.
The High Court in Wellington was told Mr Shaan Stevens, a former chartered accountant with Guinness Gallagher Accounting Ltd, was jointly charged with Skinner and Rowley in respect of 13 charges of dishonest use of a document for which he received kickbacks totalling $8500.  Stevens pleaded guilty before trial to these 13 offences, together with others, and was sentenced in November 2011 to ten months home detention, 150 hours community work and ordered to pay reparations of $121,850.
Evidence was given that the tax fraud was engineered by Skinner and Rowley using tax clients who were looking to minimise tax payable.  Clients typically had a large tax bill to pay but no cash to meet the liability.  Over a five year period, Skinner and Rowley issued false invoices to 27 tax clients for fictitious “consultancy” or “sub-contracting” work supposedly done at the client’s request.  These false invoices inflated taxable expenses for clients, driving down taxable income and also supported a GST refund.  Tax clients were assured that the transactions were a legitimate method of tax reduction.  Most clients had no understanding of tax accounting and went along with what Tax Planning was recommending.  Those clients seeking some explanation of what was happening were usually told that they had purchased a tax loss business or third party debts as part of a scheme to reduce their taxable income.
In a typical transaction, the client received a tax invoice for services (which were never to be provided) and then paid the face value of the invoice, usually into Tax Planning’s trust account.  Within a couple of days, about two-thirds of this payment was rebated back to the client.  The remaining one-third went to Skinner and Rowley or interests associated with them.
Tax Planning then adjusted the tax client’s tax returns to claim the full value of the invoice for income tax and GST purposes.  The scheme benefitted Tax Planning clients because the combined economic effect of the income tax deduction and the GST input credit exceeded the amount of cash Skinner and Rowley retained.
Skinner and Rowley were convicted for dishonest use of documents arising from the false invoice scam.
When Skinner and Rowley became aware that Inland Revenue was approaching clients investigating tax irregularities they set about trying to convert the false invoices into legitimate transactions: clients were approached and told the invoices related to work done on the client’s behalf for the purchase of apartments or car park licences.  Dummy contracts, held unsigned, were generated to support a story that there was a concrete transaction behind each consultancy invoice.  Forensic analysis of Tax Planning computers identified that the dummy contracts were created years after the date of the supposed transaction – this despite attempts by Rowley to manipulate the computer’s master clock tracking transactions.  Tax Planning clients expressed surprise and bemusement when learning they had supposedly purchased interests in Wellington apartments or car park licences.
These attempts to concoct legitimate consulting transactions led to convictions for perverting the course of justice.
Skinner and Rowley were also convicted of knowingly providing false information when filing their personal tax returns. 
The court was told that Rowley under-declared his income by some $296,000 for the five year period 2006-10; Skinner by some $1.06 million for the same period.  At a time when Skinner had declared income of only $390,000 he had spent just over two million dollars on his credit cards, including nearly $725,000 on overseas travel and over $550,000 on food and accommodation whilst overseas.
R. v. Rowley & Skinner – High Court (20.07.12)
12.017