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You can now read the live guidance, which came into effect from 30 September 2017.
This replaced the draft guidance published as part of the consultation response in October 2016.
This consultation response document summarises stakeholder views and comments on the government’s draft legislation and guidance for the new corporate offences of failure to prevent the criminal facilitation of tax evasion. The response document includes clauses for the new offences, which form part of the Criminal Finances Bill.
Also included is updated draft guidance on the offences, which will be finalised once the legislation has completed the Parliamentary process. During this time HMRC continues to welcome comments from stakeholders on the draft guidance and to discuss how HMRC can support them in preparing for the new offences.
This draft guidance explains the policy behind the new corporate criminal offences in Part Three of the Criminal Finances Act (2017) and is intended to help relevant bodies understand the types of processes and procedures that can be put in place to prevent associated persons from criminally facilitating tax evasion. It will inform the conduct of a risk assessment and the creation of procedures proportionate to that risk.
The live guidance was introduced by the Facilitation of Tax Evasion Offences (Guidance About Prevention) Regulations 2017.
This consultation considers draft legislation and guidance for the new corporate criminal offence of failure to prevent the criminal facilitation of tax evasion, as outlined in HMRC’s response document of 9 December 2015.
This consultation seeks stakeholder views to ensure that the offence is both effective at meeting the stated objectives, and not unduly burdensome.