In the light of Criminal Finances Act 2017, Fox Brothers (Lancashire) Ltd has adopted a statement of our company value on anti-facilitation of tax evasion. It is our policy to conduct all of our business dealings in an honest and ethical manner. The anti-tax evasion value statement governs all our business dealings and the conduct of all persons or organisations who are appointed to act on our behalf. We request all our employees, associates and all who have, or seek to have, a business relationship with Fox Brothers (Lancashire) Ltd, to familiarise themselves with our anti-tax evasion value statement (the “statement”, “value statement”, “policy”) and to act at all times in a way which is consistent with this statement.
Fox Brothers (Lancashire) Ltd (the “Company”) has a zero-tolerance approach to all forms of tax evasion, whether under UK law or under the law of any foreign country.
(a) cause the Company to commit a tax evasion offence; or
(b) facilitate a tax evasion offence by a third party who is not an associate of the Company.
We are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate.
This policy applies to all persons working for the Company or any subsidiary company or on our behalf in any capacity, including employees at all levels, directors, officers and Associates (as defined below), including but not limited to agency workers, seconded workers, volunteers, interns, contractors, external consultants, third-party representatives and business partners, sponsors or any other person associated with us, wherever located.
Directors of the Company has overall responsibility for ensuring that this policy complies with our legal obligations, and our employees and associates comply with it. This policy is adopted by the Company. It may be varied or withdrawn at any time, in the Company’s absolute discretion. Employees in leadership positions are responsible for ensuring those reporting to them understand and comply with this policy and are given adequate and regular training on it.
For the purposes of this policy:
Associates includes company contractors or an agent of the Company (other than a contractor) who is acting in the capacity of an agent, or any person who performs services for and on behalf of the Company who is acting in the capacity of a person or business performing such services.
Tax Evasion means an offence of cheating the public revenue or fraudulently evading UK tax, and is a criminal offence. The offence requires an element of fraud, which means there must be deliberate action, or omission with dishonest intent.
Foreign Tax Evasion means evading tax in a foreign country, provided that the conduct is an offence in that country and would be a criminal offence if committed in the UK. As with tax evasion¸ the element of fraud means there must be deliberate action, or omission with dishonest intent.
Tax Evasion Facilitation means being knowingly concerned in, or taking steps with a view to, the fraudulent evasion of tax (whether UK tax or tax in a foreign country by another person, or aiding, abetting, counselling or procuring the commission of that offence. Tax evasion facilitation is a criminal offence, where it is done deliberately and dishonestly.
Tax evasion is not the same as tax avoidance or tax planning. Tax evasion involves deliberate and dishonest conduct. Tax avoidance is not illegal and involves taking steps, within the law, to minimise tax payable (or maximise tax reliefs).
Tax means all forms of UK taxation, including but not limited to corporation tax, income tax, value added tax, stamp duty, stamp duty land tax, national insurance contributions (and their equivalents in any non-UK jurisdiction) and includes duty and any other form of taxation (however described).
Employees and Associates must at all times adhere to the Fox Brothers (Lancashire) Ltd anti-tax evasion value statement and must ensure that they read, understand and comply with this policy.
It is not acceptable for employees and associates to:
There is not an exhaustive list of Tax Evasion opportunities. At a more general level, the best defence against Tax Evasion and facilitation of Tax Evasion remains the vigilance of our employees and Associates and the adoption of a common-sense approach supported by our clear whistleblowing procedure.
In applying common sense, employees must be aware of the following:
Unusual payment methods and unusual conduct of third parties with Company Associates can be indicative that a transaction may not be as it seems.
Our employees have a responsibility to take reasonable action to prevent harm to Fox Brothers (Lancashire) Ltd and we hold our employees accountable for their actions and omissions. Any actions that breach the Criminal Finances Act and the tax laws of wherever we operate brings harm to the Company and will not be tolerated.
You are responsible for properly following the Company’s policies and procedures. These should generally ensure that all taxes are properly paid. If you are ever asked by anyone either inside or outside our company to go outside our standard procedures, this should be reported without delay, as someone may be attempting to evade tax.
WHAT HAPPENS IF THE EMPLOYEE PREFERS, FOR COMMERCIAL REASONS, NOT TO REPORT THEIR SUSPICIONS?
This should never happen. If there is any suspicion of any intention to evade tax and the transaction if nevertheless finalised, the Company can be criminally prosecuted, subject to a large fine and be publicly named and shamed.
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