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Corporate offences of failure to prevent the facilitation of tax evasion to come into force on 30 September 2017

United KingdomScotland
21/07/2017
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On 12 July 2017, The Criminal Finances Act 2017 (Commencement No. 1) Regulations 2017 (the “Regulations”) were laid before Parliament, bringing into force the new corporate criminal offences of failure to prevent the facilitation of tax evasion with effect from 30 September 2017.

The Regulations also brought into force, with effect from 17 July 2017, the requirement for HM Revenue & Customs (“HMRC”) to prepare and publish guidance about procedures that relevant bodies can put in place to prevent persons acting in the capacity of an associated person from committing UK tax evasion facilitation offences or foreign tax evasion facilitation offences. Although HMRC published draft guidance in October 2016, it is still unclear when HMRC intends to publish its finalised guidance.

For further details of the new criminal offences, please refer to our guide.

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