In Online Tax Rebate Ltd v HMRC [2019] UKUT 0167 the Upper Tribunal held that a company obtaining tax rebates for employees was a tax adviser under the Money Laundering Regulations; it should have undertaken customer identity checks.

The Money Laundering Regulations 2007 (the Regulations)  apply to “relevant persons” (which include tax advisers) and define a “tax adviser” as:

“a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services. “

Online Tax Rebate Ltd (OTRL) assists employees to claim adjustments to their PAYE code and/or repayments of tax overpaid by reference to flat rate reliefs such as laundry costs for work uniforms.

The Upper Tribunal upheld the FTT decision and dismissed the appeal:

The UT went on to discuss another ground of appeal which OTRL did not, but, in its view, could have raised, that of whether the business relationships the company has with its customers were of sufficient duration for the Regulations to apply. The tribunal felt that they may not be but was not able to determine the case on that point as OTRL had not raised it. As the tribunal said however it may be a point worth noting in case it is relevant in future cases of this nature.

With the Fifth Anti-Money Laundering Directive seeking to expand the definition of tax adviser, with effect in the UK from January 2020, it may be that other similar online service providers need to check whether they are meeting the requirements of their money laundering supervising body.

Links to our guides:

Money Laundering Regulations: Accountant’s Registration

Money Laundering Checks: know your client

External link:

Online Tax Rebate Ltd v HMRC [2019] UKUT 0167