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Facilitation of tax evasion: the reality of prevention procedures

It is now 18 months since the entry into force of the UK’s corporate criminal offences of failing to prevent the facilitation of tax evasion. This milestone coincides with the publication of Ipsos Mori’s research report as part of the Spring Statement document release evaluating corporate behaviour change in response to the offences.

Guiding principles

By way of reminder the Criminal Finances Act (CFA) 2017 Part 3 criminalises the failure of companies and partnerships to prevent the criminal facilitation of tax evasion by their associated persons. The offences apply in relation to UK taxation but also to non-UK taxation where there is a relevant UK nexus. The only defence is to have reasonable prevention procedures in place.

HMRC’s published guidance contains six guiding principles that relate to the production of prevention procedures:...

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