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Since 30 September 2017, companies and partnerships that do not have reasonable procedures in place to prevent employees, agents or subsidiaries from facilitating tax evasion may be prosecuted.
There are two types of criminal offence:
These criminal offences were created by sections 45 and 46 of the Criminal Finances Act 2017.
There are three elements to both the UK and the non-UK offences which the prosecution has to prove in order to convict:
For the non-UK offence, two additional conditions must be met:
It is a defence for the company or partnership to prove that when the tax evasion occurred, it had reasonable procedures in place to prevent the facilitation, or that it was not reasonable in all the circumstances to expect them to have any prevention procedures in place.
HMRC have recently released a Freedom of Information (FIO), outlining the number of live corporate criminal offences investigations. Click here for more information.
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