CSSF Circular 17/650 creating the predicate offences of aggravated tax evasion and tax fraud: how does this affect professionals?
Following the entry into force of (i) the Law of 23 December 2016, which amended (among others) Article 506-1 of the Criminal Code, and (ii) CSSF Circular 17/650, professionals subject to requirements regarding the fight against money laundering and terrorism financing must now take into consideration new predicate criminal tax offences when carrying out their professional duties, in particular client due diligence and cooperating with the authorities.
- How should you apply this new obligation to existing business relationships?
- Does it affect non-resident taxpayers?
- In what way does it impact on professionals’ internal organisational structures?
10 June 2020 (ENG)
Price: 300.00 €
Duration: 2h
Language: English, also available in French
Number of participants: max. 20
Objectives
By the end of this course, participants will be able to:
- Detect the negative indicators of aggravated tax fraud or tax swindle;
- Identify the impacts of the new due-diligence obligations;
- List the risks and penalties of breaching the new requirements.
Content
1. Overview of the new regulations
- Analysis of the impacts that CSSF Circular 17/650 will have on assessing the risks of money laundering and terrorist financing
- Explanation and practical examples of the indicators listed in Appendix 1 of the Circular
2. Due-diligence obligations
- How to note these suspicions in the internal control system
- What due-diligence obligations to apply to avoid dealing with funds derived from tax evasion
3. Penalties
- What are the penalties of failing to adhere to the regulations?
Who is affected by the regulations?
4. Practical cases
- Case adapted to the industry
- Q&A session
Target audience
The fight against money laundering and terrorist financing falls under the responsibility of all employees.
Nevertheless, it is management who must lead by example.
- Members of the boards of directors and executive boards of banks, financial-sector professionals, insurance companies and Luxembourg UCI management companies
- Internal auditors, compliance officers and risk managers
- Distributors and transfer agents of Luxembourg UCIs
- Domiciliation agents
- Leaders and team members of front offices of financial-sector professionals
- All employees of financial institutions
Our lead experts
Pierre Kirsch is a tax Managing Director at PwC Luxembourg and the authorised manager of our PFS Tax Information Reporting, where he is in charge of developing the service around tax transparency and automatic exchange of information. He has spent 23 years working for clients in the Private Banking and Asset Management industries in Luxembourg where he has acquired a deep knowledge of their internal processes.
Pierre has performed different tax transparency analyses of the private and corporate client base of several major financial institutions in Luxembourg and abroad to determine the level of risk of those clients being non-tax compliant and define an appropriate and measurable action plan.
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