What UK Criminal Finances Act 2017 Section 46 - Failure to Prevent Facilitation of Foreign Tax Evasion (UK Nexus Conditions, Dual Criminality, Reasonable Procedures Defence) requires
Section 46 of the Criminal Finances Act 2017 (c. 22) creates the strict-liability corporate offence of failure to prevent facilitation of foreign tax evasion, complementing the domestic offence under section 45. Under section 46(1), a relevant body (B) is guilty of an offence if (a) a person commits a foreign tax evasion facilitation offence when acting in the capacity of a person associated with B, and (b) any of the conditions in subsection (2) is satisfied. Section 46(2) establishes the UK nexus conditions: (a) B is incorporated or formed under UK law, (b) B carries on business or part of a business in the UK, or (c) any conduct constituting part of the foreign tax evasion facilitation offence takes place in the UK. Section 46(3) signature defence: B had in place reasonable prevention procedures, or it was not reasonable to expect B to have any. Section 46(4) defines prevention procedures. Section 46(5)-(6) define foreign tax evasion offence and foreign tax evasion facilitation offence - the foreign offence must involve fraudulent evasion of foreign tax that would constitute a UK tax evasion offence under section 45(4) if committed in the UK (dual criminality requirement). Section 46(7) penalty: unlimited fine on indictment or summary E&W; statutory maximum Scotland/NI summary.
Pillar: Financial Crime, AML & Sanctions · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2017/22/section/46
SHA-256 integrity: 8d315d9d1a0b6fff09a95e3b1ca48bec9b8d1a80775797b95faad8192967a4e2
Primary Citations — 7 traced to source
- Criminal Finances Act 2017 (c. 22) Section 46 (Failure to prevent facilitation of foreign tax evasion offences) subsection (1): 'A relevant body (B) is guilty of an offence if at any time (a) a person commits a foreign tax evasion facilitation offence when acting in the capacity of a person associated with B, and (b) any of the conditions in subsection (2) is satisfied.' Published at legislation.gov.uk/ukpga/2017/22/section/46.
- Criminal Finances Act 2017 Section 46(2): the UK nexus conditions are (a) B is incorporated or formed under the law of any part of the UK; (b) B carries on business or part of a business in the UK; (c) any conduct constituting part of the foreign tax evasion facilitation offence takes place in the UK.
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