The UK s Corporate Offence of Failure to Prevent the Facilitation of Tax Evasion TTN Conference New York

Similar documents
New UK Corporate Offences of Failure to Prevent the Facilitation of Tax Evasion

STEP BRIEFING NOTE: Criminal Finances Act 2017 and 'Failure to prevent the facilitation of tax evasion

The smoking gun that recruitment agencies and freelance contractors can t afford to ignore

Corporate offences of failure to prevent the facilitation of tax evasion time to act!

SELF ASSESSMENT YEAR ENDED 5 APRIL Obligation to notify HMRC Failure to notify. The amount of the penalty Suspension of penalties

Bar Council response to the consultation paper on Tackling offshore tax evasion: A new criminal offence

Autumn Budget 2017: The Budget, in full

Corporate offences of failure to prevent facilitation of UK and foreign tax evasion CFA 2017

Challenges arising from the UK Criminal Finances Act 2017 GEZ OWEN MANAGING DIRECTOR & GENERAL COUNSEL HUBBIS

Failure to prevent the facilitation of tax evasion

NEW UK CRIMINAL OFFENCES OF FAILURE TO PREVENT FACILITATION OF TAX EVASION

Corporate Criminal Offence: Failure to Prevent Facilitation of Tax Evasion

Frequently Asked Questions about Qualifying Disclosures relating to Offshore Matters

TAX DISPUTE RESOLUTION. THE REQUIREMENT TO CORRECT A new compliance obligation for UK taxpayers

Emmi UK Ltd - Tax Evasion Facilitation Prevention Policy Version 1 - Issued July 2018

JOSEPH GALLAGHER LTD CRIMINAL FINANCES ACT (ANTI-TAX EVASION) POLICY. Introduction

Association of Accounting Technicians response to Tackling offshore evasion: A new criminal offence for offshore evaders

TAX DISPUTE RESOLUTION THE REQUIREMENT TO CORRECT A NEW COMPLIANCE OBLIGATION FOR UK TAXPAYERS

Our ref COMM LIT/OPEN/-1/TIHA OH ZO'I5 Your ref

ANTI-TAX EVASION POLICY

AAT RESPONSE TO HMRC CONSULTATION DOCUMENT ON TACKLING OFFSHORE TAX EVASION: STRENGTHENING CIVIL DETERRENTS (RELEASED 19 AUGUST 2014)

Association of Accounting Technicians response to HM Revenue and Customs consultation Tackling tax evasion: legislation and guidance for a corporate

Tackling offshore tax evasion: Strengthening civil deterrents for offshore evaders

Criminal Finances Act 2017 Corporate responsibility post Mossack Fonseca

Welcome. UK Tax Update Jason Laity. 7 December, 2016

CHINA-UK BILATERAL INVESTMENT 9 th February Milestone International Tax Partners LLP

14 June Requirement to Correct Certain Offshore Tax Non-Compliance. CIOT/ATT Member Webinar 18 July 2018

Failure to prevent the facilitation of tax evasion. Jason Collins & Tori Magill

New Corporate Offences of Failing to Prevent the Facilitation of Tax Evasion:

FAILURE TO PREVENT THE FACILITATION OF TAX EVASION. Criminal Finances Act 2017 Simon Airey

BLICK ROTHENBERG UK reporting obligations and UK Taxation of offshore structures

TAXJUSTICE.UK TAXTAKES. Perspectives on building a better tax system to benefit everyone in the UK

Anti-Facilitation of Tax Evasion Policy

Offshore Compliance Advisory Committee

Member States capabilities in fighting tax crimes

Criminal Finances Act Policy

The UK s new corporate criminal offense. How adopting a robust risk-based approach could open the pathway for future global compliance

Failure to prevent the facilitation of tax evasion:

TAX PERFORMANCE AND RISK MANAGEMENT CORPORATE CRIMINAL OFFENCES FACILITATION OF TAX EVASION REASONABLE PREVENTION PROCEDURES

Failure to prevent the facilitation of tax evasion: Our solution to help you avoid committing the new offence

TAX PERFORMANCE AND RISK MANAGEMENT CORPORATE CRIMINAL OFFENCES

U.K. Bribery Act Implications for Companies Doing Business in the United Kingdom. Wednesday, 28 July 2010

Paradise Lost? John Riva, Jason Laity and Chris Lowe. 30 November 2017

Asset Management Tax: Summer reading JULY 2017

Criminal Facilitation of Tax Evasion

Bribery and Corruption

Tax Compliance Management in Europe. Survey October 2017

Non-UK Businesses Claiming Overseas UK VAT Refunds Face More Perils Than in Any Other EU Country

Tackling offshore tax evasion: A Requirement to Correct

Landfill Tax evasion by landfill operators and the new offences of facilitation 24 April 2017, 12:00 12:45

ANTI-FACILITATION OF TAX EVASION POLICY

Measuring tax gaps 2017 edition Tax gap estimates for

Anti-facilitation of Tax Evasion Policy

Landfill Tax: Whether to bring illegal waste sites within the scope of Landfill Tax

Impact of BEPS and Other International Tax Risks on the Jersey Funds Industry

Bribery Act 2010: The Impact on U.K. Business

Corporate Criminal Offence: What Next?

Introducing the UK Requirement to Correct

The Cayman Islands and the Common Reporting Standard Issued by The Organisation for Economic Co-Operation and Development

Member States capabilities in fighting tax crimes

Overview of the Anti-Corruption Landscape for Canadian Companies

1 Introduction. 2 Executive summary

Tackling tax evasion: legislation and guidance for a corporate offence of failure to prevent the criminal facilitation of tax evasion

Member States capabilities in fighting tax crimes

UK Tax Investigations

1 Introduction. 2 Executive summary

GP Global Ltd Tel.: Fax:

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the "Regulations")

EXAMINABLE DOCUMENTS Exams in June 2019 to March 2020 Taxation United Kingdom (TX-UK) and Advanced Taxation United Kingdom (ATX-UK)

The Criminal Finances Act 2017: The Six Guiding Principles to Inform Prevention Procedures

The UK's new competition regime

What is a tax crime? England and Wales. Tax Crimes Times are changing? Comsure Breakfast Briefing. 11 th June 2015 Pomme D Or Hotel

Pension funds tax A changing environment

HMRC fast facts. Record revenues for the UK. May 2014 Bulletin

Our goal is to have sanctions that are consistent and fair, and that deter non-compliance and provide appropriate penalties.

Topical Tax Investigations 2016

Association of Accounting Technicians response to HMRC consultation document Tackling the hidden economy: Sanctions

It must be noted that: There is no difference in principle between «executive» and «non executive directors»,

Criminal tax law: UK corporate criminal offence (CCO)

Chapter 5: The consequences of not correcting Penalties Models

HMRC s Profit Diversion Compliance Facility

Failure to cooperate fully with a Revenue Compliance Intervention. Document last updated January 2019

Lucy Sutcliffe Fiscal Crime Liaison Officer Pretoria, South Africa

INTERNATIONAL TAX POLICY

Jersey Disclosure Facility: Frequently Asked Questions (FAQs)

REPUBLIC OF SOUTH AFRICA EXPLANATORY MEMORANDUM ON THE

UK Swiss Tax Agreement and the LDF. Andrew McKenna Partner

UK Taxation of Real Estate. Kathryn Wintle & Barry Curtis 23 April 2015

Making tax digital. Big Data. January kpmg.com/uk/makingtaxdigital

4. Dual Canadian - U.S citizens required to file foreign financial account FBAR disclosure returns annually or face U.S. penalties By Simon Sturm

Tackling offshore tax evasion A requirement to notify HMRC of offshore structures: CIOT Comments 27 February 2017

Subject: New changes in the new Company s Act. I. BACKGROUND:

Exchange of information on Tax Rulings

LRS Anti-Tax Evasion Policy

Management liability choice summary of cover

ACS Submission: Sanctions to Tackle Tobacco Duty Evasion and Other Excise Duty Evasion

The Prevention of Social Housing Fraud Act Paul Downie Deputy Director Affordable Housing Management & Standards

Global Transfer Pricing Review

Private Client Briefing

Spring Budget 2016 Briefing

Transcription:

The UK s Corporate Offence of Failure to Prevent the Facilitation of Tax Evasion TTN Conference New York 7 May 2018 2018 Milestone International Tax Partners LLP

Overview of Slides 1. Transparency, Reporting and Tax Policy 1.1. UK Government s approach to tax evasion, tax avoidance and noncompliance 2. The Offence 2.1. UK and Foreign Tax Evasion Facilitation Offence 2.2. The Defences UK Government Guidance and Recommended Approach 3. The UK s Tax Landscape 3.1. Common Reporting Standard and Requirement to Correct 2

1. Why should I care about the new rules? Source: Financial Times 30 October 2017 Source: The Guardian 19 March 2015 Source: Financial Times 29 September 2017 Source: The Guardian 1 January 2017 Source: Financial Times 15 September 2017 3

1. UK Government s Approach Increase revenues after the 2008 Global Financial Crisis Overhaul of UK tax framework from the UK Government, EU and OECD. How to increase income revenues? Target illegal tax evasion, aggressive tax avoidance and taxpayer non-compliance Taxpayer transparency of: internationally mobile individuals multinational businesses operating in numerous jurisdictions Placing the reporting responsibility on taxpayers and businesses to encourage behaviour change. Consequence Penalties for non-cooperation HMRC can reduce spending on policing the provisions. 4

2. The Offence The Offence The offence is committed where a Relevant Body fails to prevent an Associated Person criminally facilitating tax evasion, regardless of whether the tax evaded is owed in the UK or in a foreign jurisdiction. If found guilty, a Relevant Body will: 1. receive a fine (no maximum fine is specified in the legislation) paid out of the Relevant Body s assets; and 2. could be subject to an ancillary order (e.g. a confiscation order if profits were made due to criminal activity). 5

2. What is Tax Evasion in the UK? Criminal Finances Act 2017 (CFA 17) A UK tax evasion offence at s.45(4) CFA 17 means: a) an offence of cheating the public revenue; or b) an offence under the law of any part of the United Kingdom consisting of being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of a tax. Cheating the public revenue UK common law offence Concerns fraudulent conduct that results in HMRC being deprived of money it is entitled to Maximum penalty of life imprisonment (or an unlimited fine) No need to prove that the defendant caused actual loss. 6

2. The Offence What qualifies as a Relevant Body? Incorporated companies or Partnerships (including LLPs). Who is an Associated Person? Employees Agents or Other person who performs services for / on behalf of a Relevant Body and who is acting in that capacity. 7

2. The Offence Applicable to the evasion of any type of tax imposed under UK law: income tax capital gains tax inheritance tax corporation tax stamp duty land tax and stamp duty reserve tax VAT national insurance contributions. 8

2.1 The UK Tax Evasion Facilitation Offence Stage 1 The taxpayer must commit a criminal tax evasion offence. Stage 2 An Associated Person must criminally facilitate the taxpayer evasion. Stage 3 Strict liability offence Offence committed unless the Relevant Body can show it has put in place reasonable preventative procedures. 9

2.1 The Foreign Tax Evasion Facilitation Offence A UK nexus is a Relevant Body that is: 1. incorporated in the UK; 2. carrying on a business in the UK; or 3. has an Associated Person located in the UK at the time of the offence. Example 1 Example 2 Example 3 Foreign Co Foreign Co UK Co Foreign Jurisdiction UK Foreign Jurisdiction UK UK PE Individual located in the UK 10

2.1 The Foreign Tax Evasion Facilitation Offence For dual criminality, the overseas jurisdiction must have: an equivalent tax evasion offence at the taxpayer level; and an equivalent offence covering Associated Person s criminal act of facilitating tax evasion. Stages 1 3 of the UK Tax Evasion Facilitation Offence must also be satisfied 11

2.2 The Defences To qualify for the defence: 1. the Relevant Body had put in place Prevention Procedures; or 2. it was not reasonable in all circumstances to expect the Entity to have such procedures in place. Self-Reporting A Relevant Body can self-report if an offence is discovered Self-reporting does not stop a prosecution, but can: form part of a defence; and be taken into account by the investigating body when deciding whether to prosecute. 12

2.2 Example Risk Assessment Risk Assessment Motive, opportunity and means to criminally facilitate tax evasion offences Size of business Nature and complexity of business and trade Internal risk Customer and/or client risk Country risk Sectoral risk Transaction risk. 13

2.2 Example Prevention Procedures Practical Examples of Prevention Procedures Staff training Internal reporting procedures Zero tolerance for tax evasion policy Review and ongoing monitoring. 14

3. Tax Penalty Regime Penalty for incorrect returns 30% of potential lose revenue for careless action 70% of potential lost revenue for deliberate but not concealed action 100% of potential lost revenue for deliberate and concealed action. Offshore Non-Compliance Category 1 up to 100% of potential lost revenue Category 2 up to 150% of potential lost revenue Category 3 up to 200% of potential lost revenue. Penalties can be reduced for unprompted disclosure. 15

3. Wider Changes to the UK s Tax Landscape Common Reporting Standard (CRS) UK is an early adopter of the CRS First automatic exchange of information took place in September 2017 More jurisdictions expected to take part in the second round of exchanges in September 2018 Targets UK resident individuals with overseas interests Example of increasing taxpayer transparency through multilateral efforts. 16

3. Wider Changes to the UK s Tax Landscape Requirement to Correct Legislation Taxpayers are required to make a disclosure of undeclared tax prior to CRS reporting deadline of 30 th September 2018 If the deadline is missed, substantially increased penalties are imposed: Penalty Standard Penalty Asset Based Penalty Offshore Asset Moves Penalty Tax Due Equivalent of 200% of the tax liability disclosed to HMRC Additional 10% penalty based on the vale of the asset disclosed. Additional 50% penalty based on the Standard Penalty 17

Questions? Rozi Ellis, Associate DDI: +44 (0)20 7534 7186 Email: rozi@milestonetax.com 18

Our Awards Taxation Awards 2013 Winner: Best International Tax Team UK Taxation Awards 2012 Finalist: Best International Tax Team UK Taxation Awards 2009 Winner: Best International Tax Team UK European Tax Awards 2010 and 2012 Finalist: Best Newcomer Europe Corporate International Global Awards 2010 Winner: Corporate Tax Advisory Award The Lawyer Awards 2009 Finalist: Niche Firm of the Year UK + 44 (0)20 7534 7180 info@milestonetax.com www.milestonetax.com 19

Milestone International Partners LLP 29 Heddon Street London W1B 4BL +44 (0)20 7534 7180 info@milestonetax.com www.milestonetax.com Milestone International Tax Partners LLP. Registered office: 29 Heddon Street, Mayfair, London W1B 4BL Registration number: OC342622 No responsibility can be accepted by Milestone for action taken as a result of information provided or opinions expressed in this publication. Readers are strongly recommended to take advice on their particular situations. 2018 Milestone International Tax Partners LLP