Tax Fraud Lawyers: Criminal Defence Lawyers for Tax Fraud and HMRC Investigations

At Draycott Browne, our experienced team of Tax Fraud Lawyers is trusted across the UK to provide a robust defence in tax evasion cases. We recognise the serious consequences of such charges, including substantial fines, reputational damage, and imprisonment, making expert legal representation essential.

Tax evasion is a complex and serious offence, but with the right defence, it is possible to mitigate the impact. Our fraud lawyers possess in-depth knowledge of tax law and will build a defence tailored to your specific circumstances, exploring every option to achieve the best outcome.

For over two decades, our Tax Fraud Lawyers have been representing clients both individuals and businesses facing tax evasion allegations. The potential penalties are severe, but early action and the right legal advice can make all the difference. With a trusted and highly experienced legal team behind you, you can feel confident that your case will be handled with the utmost care and expertise.

To find out how we can assist with your tax evasion defence, please contact our team today.  Either call us on +44 (0)161 228 2244 or complete an enquiry form and we’ll get back to you.

How our tax fraud lawyers can help you

If you are under investigation by HMRC for suspected tax fraud, it is essential to seek immediate legal representation. Allegations of this nature can be overwhelming, but with the right legal guidance, you can navigate the complexities with confidence.

At Draycott Browne, our specialist Tax Fraud Lawyers have extensive experience handling tax fraud investigations. We are committed to offering expert support at every stage, ensuring you are fully informed and protected throughout the process. During your case, we will:

• Provide you with a full understanding of your situation and the subsequent implications
• Explain the investigative process and advise on how long it is likely to last
• Liaise with HMRC and the police on your behalf
• Build a strong defence which gives you the best-possible chance of a successful case
• Advise on the appeals process should you dispute HMRC's ruling
• Work hard throughout to protect your interests and reputation whilst making the process as stress-free as possible

Our goal is to protect your interests by providing comprehensive legal representation that prioritises your financial and personal well-being. Our Tax Fraud Lawyers work tirelessly to minimise penalties and, wherever possible, prevent criminal prosecution, ensuring the best possible outcome for your case.​​

What is tax fraud?

Tax fraud is a serious criminal offence involving the illegal avoidance of taxes by misrepresenting financial information to HM Revenue & Customs (HMRC). Both individuals and businesses can commit tax fraud in several ways, including:

• Failing to declare income or inflating expenses
• Hiding assets in offshore accounts
• Providing false information on tax returns

Tax fraud is prosecuted under both the Fraud Act 2006 and the Taxes Management Act 1970, with the potential for severe penalties. A conviction can lead to substantial fines or even imprisonment. Beyond these immediate consequences, the long-term damage to your personal and professional reputation can be devastating. HMRC has the authority not only to prosecute but also to publicly name individuals and businesses under investigation, further exacerbating the harm to your standing and livelihood.​​

What is the difference between tax evasion and tax avoidance? 

It is vital to understand the distinction between tax evasion and tax avoidance, as HMRC may investigate both.

• Tax evasion refers to deliberate deception to reduce tax liability, which is illegal.
• Tax avoidance uses legal loopholes to reduce taxes.

Tax avoidance is not a criminal offence, but aggressive tax avoidance strategies can attract HMRC’s attention under the Finance Act 2013 if deemed abusive.

Recent HMRC crackdowns on tax avoidance schemes make it increasingly risky to engage in overly aggressive tax strategies. Even if you believe your tax arrangements are lawful, HMRC may still launch an investigation.

If you are facing accusations of tax fraud, you need immediate expert legal advice. Tax fraud investigations are complex, and any misstep could result in devastating financial and legal consequences. Our experienced Tax Fraud Lawyers at Draycott Browne will protect your rights, minimise potential penalties and handle all dealings with HMRC to reduce the stress on you or your business

What are the most common tax evasion defences? 

At Draycott Browne, we understand that tax evasion cases often involve complex circumstances and are not always the result of deliberate fraud. Our Tax Fraud Lawyers have extensive experience in defending clients and tailoring strategies to suit each case. Common defences in tax evasion cases include:

Lack of intent through accidental or negligent underreporting

HMRC is required to prove that there was an intent to deceive. Often, tax errors arise from administrative mistakes or a misunderstanding of tax regulations, rather than deliberate fraud. For instance, you may have underreported income or incorrectly claimed deductions due to confusion over tax rules. If we can show that these errors were unintentional, it may significantly weaken HMRC’s case against you.

Reliance on bad professional advice

Many individuals and businesses place trust in their accountants or tax advisors. If you received inaccurate or misleading guidance from a professional and acted based on that advice, this can serve as a robust defence. We will carefully examine correspondence with your advisor to demonstrate that you acted in good faith, unaware of any wrongdoing.

Honest mistakes in financial reporting

The complexity of tax laws can easily lead to errors, such as misreporting income, misunderstanding allowable deductions, or overlooking certain investments. For example, mistakes like incorrectly categorising personal and business expenses or failing to declare offshore assets are often genuine oversights. Our role is to help HMRC differentiate between such honest mistakes and intentional fraud.

No financial loss to HMRC

In situations where the taxes were eventually paid or the issue was simply a timing error, such as revenue being reported in the wrong tax year, this defence may apply. While penalties could still be imposed, proving that HMRC suffered no financial loss can mitigate the severity of the charges and may help prevent criminal prosecution.

Our expert Tax Fraud Lawyers are committed to delivering the strong defence you need in any tax evasion case. We will carefully assess your situation and pursue the most effective strategy to ensure the best possible outcome.

If you are facing an HMRC investigation, contact Draycott Browne today to protect your rights and safeguard your future.

What are the penalties for tax evasion?

Tax fraud carries severe penalties under UK law, which depend on the scale and nature of the fraud. If convicted of tax fraud, you may face:

Heavy fines: Depending on the scale of the fraud, fines can be substantial, with penalties often linked to the amount of tax evaded.

Prison sentences: Under Section 2 of the Fraud Act 2006, individuals found guilty of fraudulent activity can face up to 10 years imprisonment. The length of the sentence will depend on factors such as the amount of money involved, the level of intent, and whether the fraud was part of a larger scheme.

Reputational damage: In addition to legal penalties, HMRC has the authority to publicly name individuals and companies convicted of tax fraud, causing irreparable harm to your personal and professional reputation. This “naming and shaming” policy is designed to deter tax fraud by making an example of those convicted.

The sentencing guidelines for fraud-related offences, including tax fraud, are strict. Sentencing depends on the financial impact and the role you played in the fraud. Those deemed to be key players in large-scale operations can expect harsher penalties than individuals with more limited involvement.

It’s important to understand that even if you are prosecuted, you will still be liable to pay the full amount of tax owed, along with any additional fines or penalties imposed by HMRC.

Voluntary disclosure schemes

HMRC offers individuals and businesses the opportunity to come forward voluntarily through schemes like the Worldwide Disclosure Facility (WDF). This allows you to disclose unpaid taxes before an investigation is launched, potentially reducing the risk of prosecution and minimising penalties.

By making a voluntary disclosure, you demonstrate to HMRC that you are willing to cooperate, which may result in reduced penalties. While you will still need to pay the outstanding tax, interest, and any relevant fines, voluntarily disclosing your situation can significantly mitigate the legal and financial consequences.

At Draycott Browne, our Tax Fraud Lawyers can guide you through this process, ensuring that your disclosure is handled correctly and professionally. We provide expert advice on how to approach HMRC and manage the process, aiming to achieve the best possible outcome.

24 hour availability

Investigations into tax fraud can often escalate without warning, potentially leading to an unexpected arrest. In such cases, it is crucial to have legal representation as early as possible. That’s why we offer round-the-clock support, seven days a week, 365 days a year. Whether you are contacted by HMRC for an interview or face arrest, our expert solicitors are on hand to assist you at the police station at any hour.

Legal aid

Defending against allegations of tax fraud can result in significant legal fees, which may come as a financial burden. Legal aid is available to help alleviate these costs, allowing you to focus on the defence strategy for your case. Our experienced Tax Fraud Lawyers can provide guidance on your eligibility for legal aid and assist you through the application process, ensuring you have the best possible chance of securing financial assistance.

Private funding

At Draycott Browne, we understand the complexities involved in tax fraud cases. While legal aid can provide some relief, it comes with restrictions that can limit the level of defence we are able to build.

Opting for private funding ensures that you receive the most comprehensive legal support available. With private funding, we have greater flexibility and resources to explore all possible defences, including detailed forensic accounting investigations, expert consultations and rigorous cross-examinations. Given the increasing scrutiny by HMRC and the government’s tougher stance on tax fraud, it is more important than ever to have the highest level of legal representation.

Private funding ensures that our team can dedicate the time and resources necessary to analyse every detail of your case, increasing your chances of achieving a favourable outcome. If you are facing serious allegations of tax fraud, we highly recommend pursuing private funding to secure the best possible defence.