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Contentious tax: quarterly review

Your quarterly review of developments in the contentious tax world, by Adam Craggs and Constantine Christofi (RPC).

In this quarterly review we consider: (1) HMRC’s recent statement concerning the Criminal Finances Act 2017 (CFA 2017); (2) recent developments in relation to the April 2019 loan charge; and (3) the tribunal’s increasing propensity to be more proactive in the management of cases being litigated before it.

CFA 2017

On 30 September 2017 certain provisions of the CFA 2017 came into force introducing two new offences criminalising corporations (companies and limited liability partnerships) for failure to prevent the facilitation of criminal tax evasion. These offences were introduced amidst a growing focus on corporate criminal liability and the need to dispense with the difficulties in prosecution encountered by the concept of the ‘controlling mind’ of a corporate entity.

On 10 February 2020 HMRC released a...

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