Section 41 Offences.
United Kingdom
A person who is knowingly concerned—
in the fraudulent evasion (by him or another person) of duty, or
in taking steps with a view to such fraudulent evasion,
is guilty of an offence.
A person guilty of an offence under subsection (1) above is liable—
on summary conviction, to a penalty of—
F1£20,000, or
if greater, treble the amount of the duty evaded or sought to be evaded,
or to imprisonment for a term not exceeding six months, or to both, or
on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding F214 years, or to both.
A person who in connection with duty—
makes a statement that he knows to be false in a material particular or recklessly makes a statement that is false in a material particular, or
with intent to deceive, produces or makes use of a book, account, return or other document that is false in a material particular,
is guilty of an offence.
A person guilty of an offence under subsection (3) above is liable—
on summary conviction, to a penalty of F3£20,000 or to imprisonment for a term not exceeding six months, or to both, or
on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding two years, or to both.
Annotations
Textual amendments
- F1
Sum in s. 41(2)(a)(i) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 2 para. 7(2)(a) (with reg. 5(1))
- F2
Word in s. 41(2)(b) substituted (22.2.2024) by Finance Act 2024 (c. 3), s. 32(1) (with s. 32(6))
- F3
Sum in s. 41(4)(a) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 2 para. 7(2)(b) (with reg. 5(1))
Notes on Part I
Modifications
- C1
Pt. 1 applied (with modifications) (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 2018 c. 22, Sch. 7 para. 158(5) (as inserted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(6) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9)
- C2
Pt. 1 applied (with modifications) (31.12.2020) by The Customs Miscellaneous Non-fiscal Provisions and Amendments etc. (EU Exit) Regulations 2020 (S.I. 2020/1624), regs. 1(2), 7
- C3
Pt. 1 continued (31.12.2020) by The Customs (Transitional) (EU Exit) Regulations 2020 (S.I. 2020/1449), regs. 1(2), 3(1)(b); S.I. 2020/1643, reg. 2, Sch.