I’ll post this anonymously for what I hope are obvious reasons.
What is the protocol when a partner in a CA firm gets involved in the facilitation of tax evasion for clients?
What happens if you are required to submit a MLR regarding the incident(s), but the MLRO is the one facilitating the issue(s) you are raising a MLR for?
Edit: I am 100% events would constitue facilitation of tax evasion, and the sums involved in some cases run ino the tens of thousands.
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Replies (5)
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Presumably you have some genuine concerns here and the amounts are non-trivial.
Have you looked at the government guidance? Admittedly that doesn't cover reporting of suspicions. https://assets.publishing.service.gov.uk/government/uploads/system/uploa...
If you believe the actions do fall within the guidance, I'd contact your professional body's ethical helpline.
(note if you need to add information, you can edit your OP without compromising your anonymity)
You need to be very careful as these things have a habit of turning the concerned person into the villain as many whistle blowers have found out to their cost. Do you have a line manager to discuss situation with.If you are a member of a professional body maybe you could speak to them. Assuming that you are an employee try and find another job. Before you do anything make sure of all your facts. Is it tax evasion or legitimate tax planning ? I am really sorry for people who find themselves in your position. There maybe other people in the practice who know what is going on but pretend not to know and the person who raises the query becomes ostracised so be prepared. Good Luck.
If you are ICAEW, speak to the ethics advisory helpline.
Its non-reportable.
I imagine the people to talk to internally are the other partners, and very carefully.
Edit noted.
If you want to speak to someone completely off the record, feel free to PM with some contact details. Should you wish to check me out first, I do post under my real name.
You are in a very difficult situation.
If your concern is that you might yourself be at risk of prosecution for failing to report a suspicion of money laundering then (i) have a look at s330 PoCA 2002 (including subsection (4)(b)) http://www.legislation.gov.uk/ukpga/2002/29/section/330, and (ii) give careful consideration to making a report yourself direct to the NCA.
But do also give careful consideration to discreetly contacting the ethical helpline of your professional body (as others have already suggested on here).
Also think about changing your job - you clearly do not have confidence in your employer.
You can PM me in confidence if you wish.
David