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FTSE 100 split down the middle on the CFA

Are some corporates being too complacent and where might their current efforts be deficient, asks Jason Collins and Penny Simmons (Pinsent Masons).

It is now almost a year since two new corporate criminal tax offences (CCOs) were introduced in the Criminal Finances Act 2017 (CFA). On 30 September 2017 companies became strictly liable in criminal law for any facilitation of tax evasion offence committed by a person representing the company.

Such a person (an ‘associated person’) includes not just employees but also agents and anyone who provides services for and on behalf of the company. The breadth of this definition coupled with there being separate offences covering the evasion of UK and non-UK tax means the CCOs have potentially far reaching consequences for UK corporates; particularly for global businesses with a large number of associated persons. The real nub of it is that if an associated person is...

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