Q&As

Do you have a clause that manages a company’s risk in connection with the corporate failure to prevent the facilitation of tax evasion offence under the Criminal Finances Act 2017?

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Published on LexisPSL on 19/01/2018

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

  • Do you have a clause that manages a company’s risk in connection with the corporate failure to prevent the facilitation of tax evasion offence under the Criminal Finances Act 2017?

Under the Criminal Finances Act 2017 (CFA 2017), an organisation commits an offence when the following conditions are satisfied:

  1. criminal tax evasion by a taxpayer under existing law

  2. criminal facilitation of that tax evasion by an associated person of organisation A who is acting in the capacity of an associated person

  3. failure of organisation A to prevent the associated person committing the facilitation act

There are two different offences which differ based on whether the tax is evaded in the UK or in a foreign country.

Since the definition of a person who is acting in the capacity of a person associated with a relevant body is broad in scope and embraces employees and agents of the rel

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