Corporate Criminal Offences: a guide to preparing a defence
16 June 2017
Royal Assent of the Criminal Finances Bill at the end of April confirmed that the new CCO legislation will affect all organisations in September 2017.
Based on the UK Bribery Act 2010, the aim of the legislation is to overcome the difficulties in attributing criminal liability to corporates when its employees, contractors and other ‘associated persons’ are seen to be facilitating tax evasion by a taxpayer who could include a customer or supplier.
Under this legislation, it is the corporate that is subject to prosecution without the need for prosecution of any individual.
Who and what is affected?
It applies to all taxes, and is relevant to all businesses (namely, corporate bodies and partnerships) whatever their size or industry sector.
This UK tax evasion offence applies to businesses worldwide and is applicable to any business with certain UK connections.
Our guide looks at the two offences in detail providing examples of how they might arise and outlines the six key principles of defence as set out in HMRC guidance.