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Advisers need to be familiar with the dishonest tax agents regime
KEY POINTS
- Dishonest conduct – FA 2012 Sch 38.
- The law is aimed at individual agents not firms.
- HMRC’s engagement with high volume agents.
- Civil standard of proof applies.
- All client files are fair game.
Tax legislation with the potential to affect many agents was introduced in FA 2012 Sch 38 “Tax agents: dishonest conduct”. Since then it is easy to have forgotten about it especially as there is little public evidence of its use so far.
The legislation has been in force only since 1 April 2013 but its use is expected to increase with HMRC making no secret that they are investing huge resource into targeting tax fraud.
It should be no surprise that agents perceived as dishonest will be pulled into the firing...
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