92(1)A person is guilty of an offence if he is knowingly concerned in, or in the taking of steps with a view to—U.K.
(a)the fraudulent evasion by that person of any levy with which he is charged; or
(b)the fraudulent evasion by any other person of any levy with which that other person is charged.
(2)The references in sub-paragraph (1) to the evasion of levy include references to obtaining, in circumstances where there is no entitlement to it, either a tax credit or a repayment of levy.
(3)A person guilty of an offence under this paragraph shall be liable (subject to sub-paragraph (4))—
(a)on summary conviction, to a penalty of [F1the statutory maximum] [F1£20,000] or to imprisonment for a term not exceeding six months, or to both;
(b)on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years, or to both.
(4)In the case of any offence under this paragraph, where [F2the statutory maximum] [F2the amount of £20,000 mentioned in sub-paragraph (3)(a)] is less than three times the sum of the amounts of levy which are shown to be amounts that were or were intended to be evaded, the penalty on summary conviction shall be the amount equal to three times that sum (instead of [F2the statutory maximum] [F2the amount of £20,000 mentioned in sub-paragraph (3)(a)]).
(5)For the purposes of sub-paragraph (4) the amounts of levy that were or were intended to be evaded shall be taken to include—
(a)the amount of any tax credit, and
(b)the amount of any repayment of levy,
which was, or was intended to be, obtained in circumstances where there was no entitlement to it.
(6)In determining for the purposes of sub-paragraph (4) how much levy (in addition to any amount falling within sub-paragraph (5)) was or was intended to be evaded, no account shall be taken of the extent (if any) to which any liability to levy of any person fell, or would have fallen, to be reduced by the amount of any tax credit or repayment of levy to which he was, or would have been, entitled.
Textual Amendments
F1Sum in Sch. 6 para. 92(3)(a) substituted for words (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 2 para. 11(2)(a) (with reg. 5(1))
F2Words in Sch. 6 para. 92(4) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 2 para. 11(2)(b) (with reg. 5(1))