Q&As

Are tax offences predicate offences for the purposes of money laundering offences in the UK?

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Published on LexisPSL on 21/06/2016

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Are tax offences predicate offences for the purposes of money laundering offences in the UK?

Are tax offences predicate offences for the purposes of money laundering offences in the UK?

This Q&A covers money laundering offences under the Proceeds of Crime Act 2002 (POCA 2002), statutory tax and duty evasion offences, and the common law offence of cheating the revenue. It also covers the definition of criminal conduct and criminal property under the POCA 2002.

Money laundering is a name given to a group of offences set out under POCA 2002, Pt 7 and in other legislation. Each offence concerns actions taken in regards to ‘criminal property’. POCA 2002, s 340(3) defines criminal property as:

'(3) Property is criminal property if—

(a) it constitutes a person's benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly), and

(b) the alleged offender knows or suspects that it constitutes or represents such a benefit.

(4) It is immaterial—

(a) who carried out the conduct;

(b) who benefited from it;

(c) whether the conduct occurred before or after the passing of this Act.'

Criminal

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