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Revenue Fraud Solicitors

Being accused of revenue fraud can have serious consequences for both your professional and personal life.

Revenue fraud cases can be highly complex and can often go on for many months, which is why it is so important to have a specialist revenue fraud solicitor on your side from the start, to ensure you are fully prepared for what may lie ahead.

An experienced revenue fraud solicitor will have the necessary knowledge and expertise to guide you through the process and build a robust defence, should your case go to court.

Understand the sentence

Penalties include lengthy prison sentences, fines and disqualification from being a company director. Revenue fraud carries a maximum prison sentence of 7 years.

Get the right help

Having a professional experienced in this area of law on your side from the start, will provide you with the support, advice and expertise you need to minimise the risk of a prosecution.

What is revenue fraud?

Revenue fraud is an umbrella term that is used to refer to any type of fraud which involves intentionally not paying the tax owed to HMRC. Sometimes, revenue fraud is referred to as ‘tax fraud’. It is also called ‘tax evasion’.

Examples of revenue fraud include tax fraud, VAT fraud and duty fraud (also known as ‘smuggling’).

When businesses are accused of revenue fraud, it usually relates to corporation tax, Capital Gains Tax (CGT), income tax, national insurance and VAT.

Very broadly, revenue fraud falls into two categories:

  1. Making false representations to HMRC – this is where someone lies to HMRC (by providing them with false information), with the intention of evading paying the tax they owe
  2. Failing to disclose income to HMRC – this is where someone does not inform HMRC of their taxable income, so that they can evade paying tax on this income

What are examples of revenue fraud?

As touched on above, revenue fraud is a wide-ranging term used to describe various different types of fraud. These include:

– Tax fraud

Fraudulent evasion of income tax occurs where a person does not declare what they have earned. They may have been given cash by their employer or client which they do not declare to HMRC. Businesses may not inform HMRC about all of their profits or may keep their business ‘off the books’ (by dealing only in cash and without receipts, for example)

– Smuggling

Also known as the fraudulent evasion of duty, smuggling is committed when goods are imported into the UK from another country, without being declared for tax. For example, someone who brought alcohol into the UK (above the duty-free limit) from abroad without declaring it, could be committing revenue fraud.

– VAT Fraud

Fraudulent evasion of VAT could occur when items which should be subject to VAT are disguised as things that would not be eligible for VAT.

These are just a few of many examples of revenue fraud. If you are worried that your business may have committed an act of revenue fraud, get in touch with an experienced revenue fraud solicitor for more information.

What would I be charged with if I committed revenue fraud?

Offences related to revenue fraud include:

  • False accounting
  • Conspiracy to defraud
  • Cheating the public revenue

Revenue fraud cases can be extremely complicated, which is why it is vital to have a specialist solicitor on your side, who can work to secure the best possible outcome for your circumstances.

What is the sentence for revenue fraud?

Being convicted of revenue fraud can have serious implications for both you and your business. Penalties include lengthy prison sentences, fines and disqualification from being a company director. Revenue fraud carries a maximum prison sentence of 7 years.

If you are prosecuted for revenue fraud, your business’ reputation could also be severely damaged.

What is a restraint order?

A restraint order is a criminal law version of the civil law asset freezing order.

In some circumstances, HMRC may apply to the court for a restraint order under the Proceeds of Crime Act 2002, if they believe revenue fraud has been committed. A restraint order could result in your personal and business assets being frozen and could potentially immobilise your everyday business activity.

If you are the subject of a restraint order, it is highly recommended that you get in touch with experienced revenue fraud solicitors who can challenge the restraint order and work to have the conditions varied to meet with your needs.

What should I do if I think I may have committed revenue fraud?

Seek legal advice from specialist revenue fraud solicitors as quickly as possible. A good solicitor will work with you to investigate whether you may have committed a revenue fraud offence and provide guidance as to what action you need to take to protect your business – and yourself – if this is the case. Once you have all of this information, your solicitor can then advise you as to the best course of action.

Should I tell HMRC about potential revenue fraud in my business?

By reporting a potential revenue fraud to HMRC, this could reduce any penalties you may receive. In some circumstances, it may enable you to avoid any criminal penalties altogether.

Any criminal proceedings that have already been commenced against you could be stopped, as long as you pay a fine and endeavour to make changes to the way your business works.

However, we would highly recommend that anyone considering reporting potential revenue fraud in their business to HMRC, seek legal advice from an experienced revenue fraud solicitor before taking any action. This way, your solicitor will be there to advise and guide you throughout the process and work to secure the best possible outcome for your case.

Is there a defence to revenue fraud?

Your solicitor could defend you by showing that:

  • There was no revenue fraud or
  • Revenue fraud was committed, but you had no knowledge of it (and you could not reasonably be expected to have known about it)

These are just some of the options available. Your solicitor will talk you through the best defence available to you. An experienced revenue fraud solicitor will ensure that no defence opportunities are overlooked.

Does a conviction for revenue fraud go on my criminal record?

If you are convicted following your revenue fraud case going to court, your conviction will be visible on your police record/CRB. How long this will stay on there will depend on the particular circumstances of your case.

What should I do if I have been accused of revenue fraud?

You should contact a specialist revenue fraud solicitor immediately. Having a professional experienced in this area of law on your side from the start, will provide you with the support, advice and expertise you need to minimise the risk of a prosecution.

Client was on bail for assaulting his infant son. Social services reported the claim, but there was no evidence, only the mother’s statement that the boy was injured by evening. Client explained the injury occurred when the boy fell off a bouncy castle, which was confirmed by four family members. By obtaining statements and submitting them to the police, we demonstrated the lack of evidence, and the case was dropped with no further action.

My client was accused of historic domestic abuse allegations. The police provided written disclosure in advance of an interview, and we were able to go through this and provide a four-page statement detailing evidence to the contrary on each allegation. The statement and evidence provided was so detailed that the police had no questions to put to my client, meaning that the interview process was far less stressful than he envisaged.

Client was on bail for domestic abuse in relation to his wife. This had been dragging on for some time. We were able to obtain the particulars of the allegations from the police and then to go through them with the client. We were then able to obtain evidence that contradicted the allegations, including statements from friends, which showed that the allegations could not be true and so the police took no further action against the client. By obtaining case details, going through these with the client, speaking to witnesses and obtaining corroborative evidence, it was possible to show that the allegations were fabricated.

Client was a health care professional employed on an agency basis. There was a historic allegation made by a former client. We were able to obtain the particulars of the allegation from the police and then to set about obtaining evidence from witnesses who could cast doubt on the allegations and serve this evidence upon the police and push them for a swift resolution. The client had been on a lengthy period of police bail at the time he instructed us, and we were able to speed the process up, which was key as the client was unable to work and had no income during the lengthy period of bail.

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