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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.
Penalties include lengthy prison sentences, fines and disqualification from being a company director. Revenue fraud carries a maximum prison sentence of 7 years.
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.
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:
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)
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.
Offences related to revenue fraud include:
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.
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.
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.
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.
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.
Your solicitor could defend you by showing that:
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.
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.
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.
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