HMRC is considering new rules that could make it a criminal offence to submit false information on direct tax filings due to 'reckless' behaviour. While deliberate tax evasion is already illegal, the proposed changes would extend criminal prosecution to 'reckless' false statements on direct taxes.
The plan aims to address a legal gap, as making reckless false statements is already a criminal offence for indirect taxes like VAT. HMRC has clarified that genuine mistakes would not meet the legal threshold for recklessness under the new criminal offence and would not lead to prosecution.
If passed, the new law would apply to individuals, corporations, trustees, and tax agents. Prosecutors could pursue the lesser offence of making a reckless false statement if deliberate dishonesty cannot be proven in tax evasion cases. To secure a conviction, prosecutors would need to prove beyond reasonable doubt that there was a risk the statement was false and that it was unreasonable to take that risk.
Tax professionals have raised concerns that the proposals lack clear boundaries between careless mistakes, reckless behaviour, and deliberate wrongdoing. The Chartered Institute of Taxation (CIOT) warns that vague boundaries could create anxiety and uncertainty for taxpayers and advisers.