Criminal Finances Act 2017 – Football clubs can now be criminally liable for failing to prevent tax evasion by players & managers

From 30 September 2017, the Criminal Finances Act 2017[1] imposed criminal sanctions on companies who fail to prevent tax evasion by any employee or agent/intermediary. The creation of a corporate criminal offence is of particular concern to the sports sector, as companies and partnerships can now be held accountable for their employees and agent/intermediary’s actions, and the Act extends to worldwide tax evasion if there is a sufficient UK element.

Key facts you need to know

Corporations have an obligation to put procedures in place to prevent someone associated with them from committing tax offences. In the context of clubs, this extends to players, intermediaries, and professional advisors. Clubs face these obligations as they fall within the bracket of a ‘relevant body’ under statute (s.44(1)). These obligations will be particularly onerous for clubs when it comes to securing players...

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