This eLearning course provides comprehensive training on the Criminal Finances Act 2017, focusing on the corporate offences that were introduced to tackle tax evasion facilitation. The Act created two new offences that hold organisations criminally liable if they fail to prevent their employees, agents, or other associated persons from facilitating tax evasion, unless they can demonstrate they had reasonable prevention procedures in place.
The course explains both offences in detail: the domestic offence of failure to prevent the facilitation of UK tax evasion, and the overseas offence of failure to prevent the facilitation of foreign tax evasion. For each offence, the training covers the three elements that must be proven: the underlying tax evasion by a taxpayer, the facilitation of that evasion by an associated person, and the organisation's failure to prevent that facilitation.
The training provides detailed guidance on the 'reasonable procedures' defence, including the six guiding principles: risk assessment, proportionality of procedures, due diligence on associated persons, communication and training, monitoring and review, and top-level commitment. Each principle is explained with practical examples of how it can be implemented within an organisation.
The course addresses the penalties for non-compliance, including unlimited fines and confiscation orders, and the wider consequences including reputational damage and regulatory implications. It also covers the practical steps that organisations should take to assess their risk, develop appropriate policies, train their staff, and monitor their effectiveness. Upon completion, learners will understand the offences and be able to contribute to their organisation's compliance efforts.