Memorandum to board accompanying tax evasion facilitation prevention policy
Memorandum to board accompanying tax evasion facilitation prevention policy

The following Practice Compliance precedent provides comprehensive and up to date legal information covering:

  • Memorandum to board accompanying tax evasion facilitation prevention policy

Memorandum to board accompanying tax evasion facilitation prevention policy

Date: [insert date]

Introduction

The Criminal Finances Act 2017 (CFA 2017), in force in the UK since 2017, includes a corporate offence of failure to prevent the criminal facilitation of tax evasion.

Tax evasion is the illegal non-payment or under-payment of taxes. It is usually perpetrated by not declaring or falsely declaring taxes due to the relevant tax authority. Tax evasion is a criminal offence. It can be committed by an individual, eg in relation to income tax or VAT or a legal entity, eg in relation to corporation tax.

I attach, for your approval and comment, a[n updated ][Group] tax evasion facilitation prevention policy. The policy, which applies to all our businesses, carries a short introduction from [insert name of relevant individual] stressing its importance and requesting the personal commitment of all our staff to carry it into effect. It has been signed off by [insert name of relevant individual and/ or team].

Responsibility

HMRC [and Law Society ]guidance sets a clear expectation of top-level management commitment to:

  1. the implementation of appropriate prevention measures, and

  2. fostering a culture in which facilitation

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