PART 3

Corporate offences of failure to prevent facilitation of tax evasion

Preliminary

Meaning of relevant body and acting in the capacity of an associated person
44
1
This section defines expressions used in this Part.
2
“Relevant body” means a body corporate or partnership (wherever incorporated or formed).
3
“Partnership” means—
a
a partnership within the meaning of the Partnership Act 1890, or
b
a limited partnership registered under the Limited Partnerships Act 1907,
or a firm or entity of a similar character formed under the law of a foreign country.
4
A person (P) acts in the capacity of a person associated with a relevant body (B) if P is—
a
an employee of B who is acting in the capacity of an employee,
b
an agent of B (other than an employee) who is acting in the capacity of an agent, or
c
any other person who performs services for or on behalf of B who is acting in the capacity of a person performing such services.
5
For the purposes of subsection (4)(c) the question whether or not P is a person who provides services for or on behalf of B is to be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between P and B.
S. 44 in force at Royal Assent for specified purposes, see s. 58
S. 44 in force at 30.9.2017 in so far as not already in force by S.I. 2017/739, reg. 3