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Strict liability criminal offences for offshore activities

Helen Adams (BDO) considers the recent introduction of the strict liability criminal offences relating to offshore income, gains and activities.
 

On 5 October 2017 the government issued a statutory instrument (SI 2017/970) bringing into effect the strict liability criminal offences regarding offshore income/gains/activities which are described in TMA 1970 ss 106B–106H. A second statutory instrument (SI 2017/988) and its explanatory memorandum was issued on 13 October 2017 somewhat restricting the scope of the new offences.

(In this article all legislative references are to sections in TMA 1970 unless otherwise stated.)

What triggers the new criminal offences?

Finance Act 2016 inserted three new criminal offences into TMA 1970:

  • s 106B: failing to give notice under s 7 of being chargeable to income tax and CGT within the notification period (usually six months after the end of the tax year in question ...

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