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Finance Act 2012

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This is the original version (as it was originally enacted).

Dishonest conduct

This section has no associated Explanatory Notes

3(1)An individual “engages in dishonest conduct” if, in the course of acting as a tax agent, the individual does something dishonest with a view to bringing about a loss of tax revenue.

(2)It does not matter whether a loss is actually brought about.

(3)Nor does it matter whether the individual is acting on the instruction of clients.

(4)A loss of tax revenue would be brought about for these purposes if clients were to—

(a)account for less tax than they are required to account for by law,

(b)obtain more tax relief than they are entitled to obtain by law,

(c)account for tax later than they are required to account for it by law, or

(d)obtain tax relief earlier than they are entitled to obtain it by law.

(5)“Tax” is defined in Part 6 of this Schedule.

(6)“Tax relief” includes—

(a)any exemption from or deduction or credit against or in respect of tax, and

(b)any repayment of tax.

(7)A reference in this paragraph to doing something dishonest includes—

(a)dishonestly omitting to do something, and

(b)advising or assisting a client to do something that the individual knows to be dishonest.

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