Note For The Board On Failure To Prevent Facilitation Of Tax Evasion

The "Note for the Board on Failure to Prevent Facilitation of Tax Evasion under UK Law" is a legal template that provides guidance and recommendations to the board members of a company concerning their responsibilities and obligations in preventing the facilitation of tax evasion within their organization.

In the United Kingdom, the Criminal Finances Act 2017 introduced a corporate criminal offense, making organizations liable if they fail to prevent the facilitation of tax evasion by any employee, agent, or associated person. This legal template aims to assist the board members in understanding the scope and implications of this offense.

The template likely contains an overview of the relevant provisions of UK law related to the offense, including specifics about the strict liability imposed on organizations. It may also elaborate on the board's duty to implement reasonable prevention procedures to deter tax evasion facilitation, emphasizing the need for a top-down approach in cultivating a culture of compliance within the organization.

Additionally, the template may outline the potential consequences of non-compliance, including legal penalties, reputational damage, and regulatory and financial implications. It may also provide examples of best practices, strategies, and practical steps that board members can take to reduce the risk of the offense occurring, such as regular risk assessment and due diligence procedures, enhanced training programs, and strong internal reporting mechanisms.

Ultimately, this legal template serves as a comprehensive resource, equipping the board members with the necessary knowledge and tools to ensure their organization adequately addresses the risk of facilitating tax evasion, safeguarding its reputation, and complying with the UK legal framework.