Taxation (International and Other Provisions) Act 2010 Schedule 7 Part 16

Relocation of the offence of fraudulent evasion of income tax

Schedule 7 Part 16 relocates the criminal offence of fraudulent evasion of income tax from Section 144 of the Finance Act 2000 into a new Section 106A of the Taxes Management Act 1970, and updates cross-references in other criminal legislation accordingly.

• A person commits a criminal offence if they are knowingly involved in the fraudulent evasion of income tax, whether by themselves or by any other person.
• On summary conviction (Magistrates' Court), the maximum penalty is up to 12 months' imprisonment, a fine up to the statutory maximum, or both — though in England and Wales (until a commencement order is made) and in Northern Ireland, the imprisonment maximum is currently 6 months.
• On conviction on indictment (Crown Court), the maximum penalty is up to 7 years' imprisonment, an unlimited fine, or both.
• Consequential amendments update references in the Serious Organised Crime and Police Act 2005 and the Serious Crime Act 2007 so that the offence continues to qualify for financial reporting orders and classification as a serious offence.