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Taxing the Proceeds of Crime

Taxing the Proceeds of Crime Organised crime groups, in particular drug traffickers, generate considerable amounts of money from their criminal activities. Over the last two decades jurisdictions around the world have therefore put in place confiscation and forfeiture legislation designed to remove such criminal gains. The Performance and Innovation Unit of the Cabinet Office, in its report entitled Recovering the Proceeds of Crime, has now recommended that a national confiscation agency NCA for England and Wales be established, the functions of which will include the institution of civil forfeiture proceedings and the application of the taxation legislation to the proceeds of criminal activity. If enacted, this will essentially provide a threefold strategy designed to remove criminal gains. First, where the evidence permits, the individual may be prosecuted for criminal offences and, upon conviction, a confiscation order may be sought against him. Secondly, if the evidence is not sufficient for criminal prosecution, the individual may have civil forfeiture proceedings instituted against him to deprive him of the illgotten gains, seeking to prove on the balance of probabilities that the property in his possession is, directly or indirectly, the proceeds of crime. Thirdly, if an individual can be shown to have received income during a particular period which the authorities suspect, but have insufficient evidence to prove, is the proceeds of crime, then they may apply the tax legislation to that income and raise a tax assessment against him. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Financial Crime Emerald Publishing

Taxing the Proceeds of Crime

Journal of Financial Crime , Volume 8 (2): 9 – Apr 1, 2000

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Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
1359-0790
DOI
10.1108/eb025976
Publisher site
See Article on Publisher Site

Abstract

Organised crime groups, in particular drug traffickers, generate considerable amounts of money from their criminal activities. Over the last two decades jurisdictions around the world have therefore put in place confiscation and forfeiture legislation designed to remove such criminal gains. The Performance and Innovation Unit of the Cabinet Office, in its report entitled Recovering the Proceeds of Crime, has now recommended that a national confiscation agency NCA for England and Wales be established, the functions of which will include the institution of civil forfeiture proceedings and the application of the taxation legislation to the proceeds of criminal activity. If enacted, this will essentially provide a threefold strategy designed to remove criminal gains. First, where the evidence permits, the individual may be prosecuted for criminal offences and, upon conviction, a confiscation order may be sought against him. Secondly, if the evidence is not sufficient for criminal prosecution, the individual may have civil forfeiture proceedings instituted against him to deprive him of the illgotten gains, seeking to prove on the balance of probabilities that the property in his possession is, directly or indirectly, the proceeds of crime. Thirdly, if an individual can be shown to have received income during a particular period which the authorities suspect, but have insufficient evidence to prove, is the proceeds of crime, then they may apply the tax legislation to that income and raise a tax assessment against him.

Journal

Journal of Financial CrimeEmerald Publishing

Published: Apr 1, 2000

There are no references for this article.