The Truth About Cars » tax havens http://www.thetruthaboutcars.com The Truth About Cars is dedicated to providing candid, unbiased automobile reviews and the latest in auto industry news. Wed, 23 Apr 2014 14:09:20 +0000 en-US hourly 1 http://wordpress.org/?v=3.8.1 The Truth About Cars is dedicated to providing candid, unbiased automobile reviews and the latest in auto industry news. The Truth About Cars no The Truth About Cars editors@ttac.com editors@ttac.com (The Truth About Cars) 2006-2009 The Truth About Cars The Truth About Cars is dedicated to providing candid, unbiased automobile reviews and the latest in auto industry news. The Truth About Cars » tax havens http://www.thetruthaboutcars.com/wp-content/themes/ttac-theme/images/logo.gif http://www.thetruthaboutcars.com Tax Saabotage: Muller And Saab Board (=Muller) Target Of Swedish Government, Paper Says http://www.thetruthaboutcars.com/2013/05/tax-saabotage-muller-and-saab-board-muller-target-of-swedish-government-paper-says/ http://www.thetruthaboutcars.com/2013/05/tax-saabotage-muller-and-saab-board-muller-target-of-swedish-government-paper-says/#comments Thu, 30 May 2013 12:17:13 +0000 http://www.thetruthaboutcars.com/?p=490015 Victor Muller - Picture courtesy gp.se

Despite Victor Muller’s assurances that he is innocent, that he has not been accused of any crime, and that Sweden’s Economic Crime Authority most likely only wants to invite him for a friendly chat, Sweden’s  Göteborgs-Posten thinks it knows who is the target of the investigation:  Victor Muller, and Saab’s board. In the end, Victor Muller was alone on board.  Says the paper:

“From what Göteborgs-Posten learned, there is a clear link between the prosecutor’s recent suspicions about crimes by SAAB Automobiles former board and how Victor Muller was paid for his work from February 2010 to the bankruptcy in December 2012.”

“When Victor Muller, a major owner of Spyker Cars which bought SAAB Automobile in February 2010, joined SAAB’s leadership as chairman of the board, there was no written contract about how and for what he would get paid. Even so, invoices started to arrive from Muller’s companies in Latin America Tug Holding on the Dutch Antilles.”

An international tax consultant tells TTAC that disputes about consultancy agreements vs. salaries are common: “If there is a dispute, they ask first for a contract. If there is none,  bad news. If there is a contract, then they look for emails in which the contract was negotiated. If the contract just appeared out of thin air, bad news.  Then they look where the money went.”

According to Göteborgs-Posten, the money did not go to the Tug company, “but to Muller’s private bank account, as the investigations of the tax authorities show.” Apparently in a letter to Muller, those tax authorities worte:

“The evidence supports the conclusion that the purpose was that SAAB should give you compensation and that you would avoid paying taxes for this.”

Until SAAB’s bankruptcy in December 2011, about $1.2 million were paid in consulting fees to Victor Muller, the paper says.

“It was only in September 2011 that Victor Muller, when he was the only person in the leadership and the crisis in SAAB was escalating, that the consulting fees were regulated in a written agreement. The payments where thereby secured. 

The Tax Authorities sees this entire arrangement with consulting fees instead of salary for the job as chairman of the board as a ploy to make Victor Muller avoid paying taxes in Sweden for his work in SAAB Automobile. In September 2012 the Tax Authorities therefore decided to demand Victor Muller pay approx. 2 million SEK ($300,000) in tax.”

The paper concludes:

“The responsibility for errors in the conduct of SAABs accounting and reporting, and that SAAB paid a consulting fee instead of salary and that a substantial tax shortfall has happened, rests with the board of SAAB.“

In the end, Victor Muller sat alone on the board. On June 23, 2011, Saab’s General Counsel Kristina Gers stepped down from the board, a week after two union representatives defected.

In the meantime, Muller said through his favorite mouthpiece Saabsunited ,  that “the contract was approved by the National Debt Office  in 2010.” According to the information given to Göteborgs-Posten, no contract existed in 2010. The Debt Office told the paper that all it had to approve whether the “compensation was reasonable,” and that how taxes are paid would be up to Saab and Muller.

(Hat tip to a friend in  Sweden for a translation better than Google Translate.)
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Tax Saabotage: Victor Muller Named As Suspect http://www.thetruthaboutcars.com/2013/05/tax-saabotage-victor-muller-named-as-suspect/ http://www.thetruthaboutcars.com/2013/05/tax-saabotage-victor-muller-named-as-suspect/#comments Thu, 23 May 2013 07:43:12 +0000 http://www.thetruthaboutcars.com/?p=489341

Muller and lawyer Geers in court – Both are suspects of tax evasion

As suspected, the Swedish Saab scandal  over avoided taxes grows wider.  Yesterday, it reached the failed takeover artist Victor Muller. “Muller prime suspect in Saab tangle,” headlines Swedens Svenska Dagbladet, The paper obtained court documents that say Muller is wanted for questioning.

“Victor Muller is going to be called into the Financial Crimes Unit,” Chief Prosecutor Olof Sahlgren told the paper.  Says Reuters:

“Prosecutors are looking into allegations that executives at Saab, which collapsed in 2011, obstructed proper tax checks over the years 2010 to 2011, a turbulent time for the company, when it was sold by General Motors to small Dutch sports car maker Spyker, and when problems which led to its collapse emerged.”

While Saab continued losing all the money given to Muller by shady Russian financiers  and the European Investment Bank, and while therefore no taxes on profits were due, the Swedish government wanted its rich share of payroll taxes and social contributions. As suspected by TTAC commenter Piffpaff, the Muller case appears to focus on consulting payments made to Victor Muller’s  Latin America Tug Holding NV (later renamed to LAT Management NV), based in the Netherlands Antilles, Svenska Dagbladet says.

According to the files and the Stockholm paper, some $540,000 were invoiced by Muller’s tugboat company in the tax haven. The prosecutor thinks Saab’s management should have paid taxes and social security contributions on Muller’s compensation. Invoices from entities in tax havens are a favorite tool for tax avoidance.

Prosecutor Sahlgren told the Dagbladet that Muller has not been formally charged with a crime. However, by law, Muller “is responsible for the company because he has been a director, president, and later CEO of Saab.”

The scandal could widen. According to the prosecutor, more people could come under suspicion. The matter also is likely to involve generous bonus payments made to Victor Muller when Saab was going down the drain. Unusually high payments to the boss, especially before a bankruptcy rarely fail to attract the attention of the prosecutor.

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