Proceeds of Crime Act 2002 Parts 5 and 6
National Crime Agency Tax Investigations
Advice at the earliest opportunity is essential in NCA Tax Investigations
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POCA 2002 Part 5 and 6, what you should know
As the Proceeds of Crime Act 2002 (POCA) provides a gateway for the NCA to adopt HMRC functions, it houses its own team of specialist tax investigators to focus on individuals and companies where there is reasonable suspicion that undisclosed profits are at least in part, criminally tainted. These cases tend to involve substantial tax penalties and often involve the freezing of assets and proactive asset recovery techniques too. Our team are well-versed on the strategic approach to these investigations, which can often involve POCA civil recovery investigations running in parallel.
Under Part 6 of the Proceeds of Crime Act 2002, the NCA targets individuals and companies where there are reasonable grounds to suspect that at least part of their income derived from criminal conduct. The NCA adopt HMRC powers which enable them to raise tax assessments and freeze assets at the same time. Failure to co-operate with a Part 6 POCA Enquiry can result in early distraint proceedings to seize property in satisfaction of the determined tax debts.
Civil Recovery Investigations are conducted by the NCA, HMRC, FCA and SFO. POCA requires only a burden of proof to the balance of probabilities, that assets were acquired directly or indirectly by criminally tainted funds.
Part 5 POCA Investigations at the NCA are often worked in parallel with Tax Investigations under Part 6 POCA. These are known as Hybrid Investigations and this dual approach is designed to optimise monetary settlement/ asset denial.
One of our IDR Consultants spent over a decade working in POCA Civil Recovery & Tax with the Assets Recovery Agency, SOCA and the NCA, so we are able to provide full investigative and technical support throughout the course of an NCA enquiry.
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