Tax evasion, not to be confused with tax avoidance, is the intentional practice of avoiding paying the appropriate amount of tax to HMRC. It is actively harmful to the UK's economy, representing a total loss of £5.5 billion in the 2022-23 financial year – of which 81% was attributed to small businesses.
The laws governing tax evasion make it clear that businesses are responsible not only for accurately reporting and paying tax at the right level but also for preventing the facilitation of tax evasion whenever possible.
What is tax evasion?
Tax evasion is the deliberate practice of non-payment of tax to HMRC. Unlike the grey area of ‘tax avoidance’, tax evasion refers to situations in which a person or company is intentionally dishonest to evade tax and cheat the system.
Fiscal evasion happens at all scales, from the smallest businesses to the largest corporations. It’s not just large businesses using overseas accounts to hide their income – a sole trader who intentionally lies about their earnings to avoid paying the right tax is just as guilty of tax evasion.
Examples of fiscal evasion include:
- Non-reporting of income: intentionally hiding earnings and leaving them out of a tax return or failing to file one at all.
- Misuse of tax-allowable expenditure: some schemes that offer tax breaks allow you to spend money on other qualifying activities or purchases. Intentionally using the funds for other, non-qualifying reasons is tax evasion.
- False expenses: claiming expenses that haven’t been genuinely incurred to lower tax bills is fraud.
- Transaction evasion: using cash or cryptocurrency to carry out transactions with the aim of avoiding tax is intentional evasion.
- Fake investments: some tax schemes allow you to use revenue to invest in qualifying endeavours (such as R&D). Evasion occurs when a person/business intentionally exploits this system by reporting fake investments in non-existent schemes/organisations.
- VAT fraud: this is when someone submits fraudulent VAT repayment claims to HMRC in order to recoup more VAT than they have paid.
There are several other examples, but the general message is clear: any deliberate and dishonest attempt to hide tax obligations or avoid paying the appropriate amount of tax is classed as tax evasion.
Individuals and businesses alike must understand what constitutes tax evasion, as the consequences can be severe.
Is fiscal evasion illegal?
Though tax penalties exist in other less serious categories, tax evasion is treated as a criminal offence and carries far harsher consequences ranging from fines to imprisonment. The severity of the punishment depends on how the case is handled.
Tax evasion vs tax avoidance
Tax avoidance is the practice of trying to pay as little tax as possible while remaining on the right side of the law. The UK government defines it as “bending the rules of the tax system to gain an advantage Parliament never intended.”
Though tax avoidance may be technically legal, it is still discouraged, and HMRC is constantly clamping down on avoidance schemes. Unlike tax evasion, no illegal activity is committed, and therefore, it is not a criminal offence. Read our guide to tax avoidance vs tax evasion to learn more about the similarities and differences.
If you suspect an individual or business is engaging in tax avoidance, it’s also worth noting that ‘avoidance’ can quickly become ‘evasion’ in the eyes of the law – so clamping down on it early and improving compliance training is always the better choice.
Reporting tax evasion
If you suspect fiscal evasion, do not put yourself at risk by investigating it any further or by telling anyone else that you’re doing to report it. Instead, you should report it to HMRC and let them take over.
Reporting tax evasion can be intimidating, as you may be worried about potential repercussions. Fortunately, HMRC operates a confidential reporting system that you can use to inform them about tax evasion cases and even tax avoidance.
Here’s how to report tax evasion in clear, simple steps:
- Decide whether to use the online reporting tool or an alternative method. If you don’t want to do it digitally, you can call 0800 788 887.
- Use the reporting tool to choose which type of tax evasion you wish to report. Use broad keywords to find the most appropriate type (e.g., type ‘VAT’ to see options such as ‘False VAT refund claims’)
- Select whether you’re reporting an individual or a business
- Follow the rest of the steps and provide as much information as you can
Note: You do not need to provide personal details or information, and you can remain anonymous when reporting tax evasion
HMRC is also cracking down on tax avoidance schemes. If you’ve been approached to join a tax avoidance scheme, don’t take the risk with your business and instead report it to HMRC.
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