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Forensic Expert Witness
HM Revenue & Customs (HMRC) is responsible for investigating suspected criminal activity across the whole range of its responsibilities throughout the UK. With the recent announcement that £900million will be made available to HMRC to tackle evasion and avoidance and fund an intended five-fold increase in criminal tax prosecutions, criminal tax investigations will increase.
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What is the role of a Forensic Expert Witness?
A Forensic Expert Witness if often relied upon by the Defence to examine and analyse the evidence collated by HMRC to ensure that the case against the accused is consistent with the evidence brought by the Prosecution. In criminal tax investigations and prosecutions, it is vital that the forensic expert has a full knowledge and understanding of accounting, investigative, tax and legal issues to provide a proper analysis that is suitable to the Court. A good expert report will often form the basis for discussion, debate and (ultimately) agreement with HMRC and the Prosecution.
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How can a Forensic Expert Witness assist me?
One of the deciding factors in HMRC commencing a criminal tax investigation is the amount of tax it believes has been lost (or put at risk) – the 'tax loss'. HMRC uses de minimis thresholds for cases warranting criminal investigation/prosecution. If the tax loss can be shown (or properly argued) to be below these levels then robust representations can be made to change the investigation from Criminal to Civil. The computation of tax loss also plays a key role for the purposes of sentencing and then in any confiscation proceedings. Therefore, it is vital that HMRC's tax loss computations are examined, checked and challenged where necessary.
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How can OneE TDI help?
If you find yourself subject of an HMRC criminal tax investigation you should immediately seek specialist representation to best protect your liberty, your reputation and your assets.
At the core of OneE TDI is a highly experienced team specialising in all areas of tax disputes and investigations work. We are former HMRC inspectors/investigators – so we know how HMRC thinks! We are constantly dealing with inspectors/investigators so we have up to date insights into current practice and policy and consistently negotiate the best possible terms for our client without the case being criminally investigated or prosecuted.
OneE TDI works closely with the UK's leading criminal defence lawyers and we have a proven track record in defending clients under criminal tax investigation and working to change the investigation from Criminal to Civil. Our Expert Witness & Forensic service includes a thorough review of any tax fraud allegation and the examination of any tax loss claims/computations put forward by HMRC providing alternative arguments/computations where appropriate. OneE TDI has acted in cases where we have reached agreement with HMRC and significantly reduced the tax loss computations originally prepared by HMRC resulting in investigations changing from Criminal to Civil and assets being saved from confiscation.
Please see the Testimonials kindly provided by our clients (or their accountants or lawyers), which confirm our levels of client service.
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How can I contact OneE TDI?
If you would like a free, confidential, no obligation discussion with us please contact either Gary Rowson or Mark Taylor on 0800 652 6156 or complete and submit the online form below.
Whilst we endeavour to provide informative and accurate information, the content on this site is for general information purposes only and should not be taken to constitute tax or legal advice which must always be tailored to individual circumstances. Please contact us if you would like to discuss matters.
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Criminal Tax Investigations