Failure to Prevent the Facilitation of Tax Evasion - The Corporate Offences Explained

Introduction

The Criminal Finances Act 2017 introduced new corporate criminal offences of failing to prevent the facilitation of tax evasion. They are strict liability offences but there is a defence where the corporate has reasonable prevention procedures in place.

This webinar is designed for professional advisers and their corporate clients. It focuses on the core components of the offences and their scope, together with practical steps for corporates to ensure their compliance regimes are fit for purpose.

What You Will Learn

This webinar will cover the following:

• Brief background to the offences
• The components of both offences:
• Stage 1: Criminal tax evasion by a taxpayer under existing law - the line between evasion and avoidance
• Stage 2: The criminal facilitation of that evasion by an ‘associated person’- who is an associated person, and when are they acting for or on behalf of a ‘relevant body’?
• Stage 3: Failure by the relevant body to prevent its representative from committing the facilitation act, and the defence of reasonable ‘prevention procedures’
• The geographical scope of the offences - what is the necessary ‘UK nexus’?
• Practical steps for corporates:
• HMRC’s 6 guiding principles
• Sector guidance
• Putting reasonable ‘prevention procedures’ in place
• The seriousness of the offences - potential sanctions
• HMRC’s self-reporting regime - when, why and how to self-report
• Case studies

This webinar was recorded on 8th August 2022