CFE Professional Affairs Committee National Reports September 2008 7th Meeting  

   

Table of Contents  

Austria (A) .......................................................................................................................3 Belgium (B) .....................................................................................................................7 FR .............................................................................................................................7 EN ...........................................................................................................................14 Czech Republic (CZ) .....................................................................................................20 Germany (D) ..................................................................................................................22 Denmark (DK) ................................................................................................................25 Spain (E) .......................................................................................................................27 France (F) .....................................................................................................................29 Italy (IT) ..........................................................................................................................30 Ireland (IRE) ..................................................................................................................32 Luxembourg (L) ............................................................................................................33 The Netherlands (NL) ...................................................................................................35 Poland (P) ......................................................................................................................38 United Kingdom (UK) ...................................................................................................40

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AUSTRIA Developments in Professional Affairs Policy and Legislation on Professional Affairs in 2007/2008

Directive on services: Implementation status, implementation of the points of single contact, others? No current development on behalf of the implementation of the Directive on services in legislation on professional affairs of tax advisors. The Chamber will not serve as point of single contact.

Directive on the recognition of professional qualifications (2005/36/EC): Implementation status Implementation in the “Wirtschaftstreuhandberufsgesetz” (WTBG, Statute on the Regulation of the Auditing, Tax Advising and Related Professions) with §§ 231 - 233 (services, establishment,administrative cooperation) is effective as of beginning 2008.

Services: According to Directive tax advisors holding license in another Member State are entitled to offer services on a temporary and occasional basis in Austria. General prerequisites therefore are citizenship of EU or EWR Member State or Switzerland, establishment in one of these countries, valid license to offer tax advising services in country of establishment and property loss/damage liability insurance in accordance with WTBG. The service provider has to disclose home country and furnish the recipient of the service with certain information. Registration is not required.

Establishment Professionals from another Member State, EWR or Switzerland are required the positive passing of the professional aptitude test or equivalent professional qualification. 3   

In addition the general prerequisites for an official appointment according to WTBG must apply. The professional aptitude test has been adapted with the implementation of the Directive.

Administrative Cooperation “Kammer der Wirtschaftstreuhänder” (Chamber of the Tax Advising, Auditing and Accounting Professions) can participate in the Internal Market Information System (IMI).

Money laundering, implementation status; reporting obligations, who is in charge of the supervision; specific reporting obligations for tax advisers; if and how is your association/ organisation included in the legislation process? The Chamber was included in the legislation process; implementation was effected in the “WT-Ausübungsrichtlinie” (WT-ARL, Guideline on the Practice of the Auditing, Tax Advising and Related Professions). The Chamber is in charge of the supervision of its members (as the disciplinary board). Tax Advisors have reporting obligations but are not obliged to report with regard to information they receive from or obtain on one of their clients in the course of ascertaining the legal position for their client. They are also exempt from these reporting obligations when defending or representing that client in judicial proceedings or concerning such judicial proceedings, including advice on instituting or avoiding such proceedings. These exemptions from the obligation to report apply whether such information is received or obtained before, during or after such proceedings. The provisions of the 3rd anti-Money Laundering Directive have been implemented in the WTAusübungsrichtlinie (WT-ARL, Guideline on the Practice of the Auditing, Tax Advising and Related Professions) where also stipulations of the 2nd anti-Money Laundering Directive have been implemented. The new 6th section of WT-ARL implements requirements of the 3rd anti-Money Lauderning Directive such as - due diligence - simplified customer due diligence - enhanced customer due diligence - performance by third parties 4   

- reporting obligations - prohibition of disclosure - record keeping - internal procedures In complying with the Directive, WT-ARL stipulates exemption to reporting obligation in the case of auditors, external accountants and tax advisors, who defend or represent a client in the context of judicial proceedings or ascertain a client's legal position, concerning the information they obtain in the performance of those tasks. The resolution on the new provisions was passed by the Chamber General Assembly in December 2007 before implementation period had ended. Publication and therefore coming into effect was by May 1, 2008 due to delayed approval by the Federal Ministry of Economics and Labour.

Issues related to the OECD Study into the role of tax intermediaries: any national developments, new “behavior” of the tax administration, initiatives by your government, new high level working groups? The study has been discussed at high level meetings with the Ministry of Finance. KWT pointed out that tax consulting must not be equated with aggressive tax planning. Furthermore the Chamber strictly disapproved on establishing risk profiles for tax advisors. The concept of “Enhanced Relationship” between certain tax payers and the tax administration is supported. The Austrian Tax Administration will publish a “Charta der österreichischen Finanzverwaltung” (Charter of the Austrian Tax Administration). A draft was submitted in June 2008 to the Chamber and other institutions for review.

Developments in the field of professional conduct (e.g. independence, liability, confidentiality, commercial communication (publicity), disciplinary sanctions, permanent training)? No recent significant developments.

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Relevant development in the field of the access to the profession? In 2007 the Chamber issued a new regulation concerning the qualification requirements for admission to the professional examination for tax advisors. Admission to the profession requires either relevant university degree or a similar relevant higher education. Details are regulated in the „Steuerberater-Fachprüfungszulassungsverordnung 2006“. Implementing the Directive on the recognition of professional qualifications § 232 WTBG was amended entering into force in 2008. §232 WTBG stipulates an aptitude test for professionals from another Member State in case of establishment.

Relevant Court decisions for the profession in your country? None. At present the Chamber represents four professional groups: “Steuerberater” (Tax Advisors), “Wirtschaftsprüfer” (Auditors), “Bilanzbuchhalter” (Certified Professional Accountants), “Selbständige Buchhalter” (Licensed Bookkeepers). The limitation of scope of authority for professional accountants as regards preparation of financial statements is currently being reviewed by the Constitutional Court of Austria. In two cases the Chamber is likely to head for appeal.

Implementation of „new 8th Directive“ (Directive on Statutory Audits, Directive 2006/43/EC) Most parts of the Directive have been implemented in the Commercial Code. As regards professional law, especially approval of auditors from another Member State or nonMember States, quality assurance and public oversight, implementation was effected in the “Wirtschaftstreuhandberufsgesetz” (WTBG, Statute on the Regulation of the Auditing, Tax Advising and Related Professions) and Abschlussprüfungsqualitätssicherungsgesetz (AQSG, Statute on Audit Quality Assurance). Assessment period for the draft proposal is currently effective, legislative process starting in autumn.

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BELGIUM 

IEC – Report to the CFE (Professional Affairs Committee) on latest national developments (professional affaires)  

FR  Concerne:  

Demande de la CFE d’obtenir un rapport sur les développements récents relatifs à la profession de conseil fiscal en Belgique (message électronique de Madame Christine Cloquet du 1er août 2008). Echéance : 8 septembre 2008.

Projet de rapport (à traduire en anglais après approbation) : 1. Directive on services: implementation status, implementation of the points of single contact, others? 1.1. La transposition de la directive « services » en Belgique se concrétise par deux mesures:

-

l’adoption d’une loi de transposition « horizontale » reprenant des dispositions de la directive « services », Echéance : 31 décembre 2008.

-

le « screening » des dispositions légales et réglementaires dont la compatibilité par rapport à la directive, doit être vérifiée et le cas échéant justifiée. 7 

 

Echéance : 30 septembre 2008.

1.2. Dans le cadre du « screening » précité, les dispositions suivantes de la réglementation professionnelle des experts-comptables et des conseils fiscaux ont plus particulièrement retenu l’attention:

1.2.1. l’article 33, in fine de la loi du 22 avril 1999 relative aux professions comptables et fiscales, qui dispose que les experts-comptables et les conseils fiscaux « sont tenus de faire couvrir leur responsabilité civile professionnelle par un contrat d’assurance approuvé par le Conseil de l’Institut. » Cette disposition est considérée comme potentiellement contraire à l’article 23 de la directive, dans la mesure où elle s’appliquerait également aux « libres prestataires de services ». Il faut toutefois souligner que l’activité de conseil fiscal n’est, en Belgique, pas réglementée. Les dispositions de la directive 2005/CE/36 relatives à la liberté de prestation ne s’appliquent donc pas aux conseils fiscaux. Le risque de conflit décrit ci-dessus ne concerne donc pas la profession de conseil fiscal. Quoi qu’il en soit, pour éviter le conflit susdit en ce qui concerne la libre prestation de services d’expertise comptable, sans modifier la loi du 22 avril 1999 relative aux professions comptables et fiscales, la teneur de l’article 23 de la directive sera reprise dans la loi de transposition « horizontale ».

1.2.2. Les articles 6 et 7 de l’arrêté royal du 4 mai 1999 relatif à l’Institut des expertscomptables et des conseils fiscaux, qui traitent des sociétés professionnelles agréées. Ces dispositions restreignent l’accès au capital des sociétés professionnelles agréées d’experts-comptables, d’experts-comptables et de conseils fiscaux, et de conseils 8   

fiscaux, aux professionnels. Actuellement, une majorité des parts de telles sociétés doit être aux mains de professionnels membres de l’IEC, tandis qu’une minorité de celles-ci peut être aux mains de professionnels détenant, à l’étranger, une qualité reconnue équivalente à celle d’expert-comptable ou de conseil fiscal en Belgique. Un projet visant à aligner cette réglementation sur les exigences minimales de la directive « statutory audit » (seule une majorité des parts doit être détenue par des professionnels agréés), a été introduit auprès des Ministres compétents. Ces exigences, revues à la baisse, devront toutefois faire l’objet d’une justification conformément à l’article 15, 2 c) de la directive.

2.

Money laundering, implementation status; reporting obligations, who is in

charge of the supervision; specific reporting obligations for tax advisers; if and how is your association/organisation included in the legislation process?

2.1.

Etat de la transposition de la 3ème directive:

La 3ème directive n’a pas encore été transposée par la Belgique (qui fait d’ailleurs l’objet d’une procédure d’infraction à ce sujet). Les nouvelles exigences de la 3ème directive avaient toutefois été anticipées, dans une large mesure, par la loi belge du 12 janvier 2004 modifiant la loi du 11 janvier 1993 relative à la prévention de l’utilisation du système financier aux fins de blanchiment de capitaux et du financement du terrorisme.

2.2.

Obligations des professionnels :

Aux termes de cette loi, les obligations suivantes s’appliquent à une série de fournisseurs de services intellectuels et, parmi eux, aux conseils fiscaux externes : -

l’obligation d’identification du client (art. 4 – 6bis de la loi),

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l’obligation de conservation des documents ayant servi à l’identification (art. 7),

-

l’obligation de vigilance (art. 8),

-

la prise de mesure de sensibilisation de leurs employés et représentants (art. 9),

-

l’obligation d’introduire une « déclaration de soupçon » auprès la Cellule de traitements des opérations financières en cas:

*

de faits ou opérations susceptibles d’être liés au blanchiment de capitaux ou au financement du terrorisme, ou pouvant en être l’indice (art. 12-14bis),

*

de faits ou opérations susceptibles d’être liés au blanchiment de capitaux provenant de la fraude fiscale grave et organisée qui met en œuvre des mécanismes complexes

ou qui use de procédés à dimension internationale

(14quinquies). En application de cet article 14quinquies, un arrêté royal du 3 juin 2007 a fixé la liste des indicateurs devant servir à détecter qu’un fait ou une opération est lié au blanchiment de capitaux provenant de la fraude fiscale grave et organisée qui met en œuvre des mécanismes complexes ou qui use de procédés à dimension internationale.

2.3.

Perspectives

Un projet de loi de transposition de la 3ème directive pourrait être soumis au Parlement à la rentrée parlementaire (octobre 2008). L’IEC n’est pas formellement impliqué dans le processus législatif mais a été consulté de manière informelle. D’après les informations obtenues lors de cette consultation, le texte de loi développerait les points suivants, qui rencontrent les souhaits des professionnels: -

précision de la portée juridique exacte de la liste des « indicateurs » contenue à l’arrêté royal du 3 juin 2007,

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-

garanties sur l’anonymat des professionnels qui introduisent une « déclaration de soupçon ».

L’IEC demande également la mise en œuvre, pour les experts-comptables et les conseils Fiscaux, de l’exception prévue à l’article 9, 5 alinéa 2 relative à l’évaluation de la situation juridique d’un client et de la fourniture de conseils à propos de la manière d’engager ou d’éviter une procédure judiciaire.

3.

OECD Study into the role of tax intermediaries: any national developments,

new “behavior” of the tax administration, initiatives by your government, new high level working groups? Nous n’avons pas connaissance que le rapport de l’OECD sur le rôle des intermédiaires fiscaux ait connu des développements significatifs, ait influencé le comportement de l’administration fiscale ou donné lieu à des initiatives gouvernementales. 4.

Developments in the field of professional conduct (e.g. independence,

liability,

confidentiality,

commercial

communication

(publicity),

disciplinary

sanctions, permanent training)? Un projet de nouvelle norme en matière de formation permanente a été adopté par le Conseil de l’IEC et est actuellement soumis à l’autorité de tutelle, le Conseil supérieur des professions économiques. Ce projet ne modifie pas l’étendue de l’obligation annuelle de formation permanente (40 heures) mais bien les modalités, en imposant notamment que les formations soient suivies auprès d’organismes ou institutions accrédités.

5.

Relevant developments in the field of the access to the profession?

Aucune modification significative n’a été enregistrée en ce qui concerne le cursus ordinaire d’accès à la profession. Libre prestation de services: 11   

Comme il a été dit plus haut, l’activité de conseil fiscal n’étant pas réglementée en Belgique, peut être exercée sans restriction par tous. Cette situation n’a connu aucune modification récente. Liberté d’établissement et reconnaissance des qualifications professionnelles de ressortissants membres de l’UE ou d’un pays membre de l’AEEE: La directive 2005/CE/36 relative à la reconnaissance des qualifications professionnelles a été transposée par la loi du 12 février 2008 instaurant un nouveau cadre général pour la reconnaissance des qualifications professionnelles CE. Il s’agit d’une loi de transposition « horizontale ».

Son impact principal est d’abaisser le niveau d’études supérieures requis pour entrer en considération pour la reconnaissance des qualifications professionnelles obtenues à l’étranger, et donc pour l’obtention du titre de conseil fiscal, à une durée minimale d’un an.

6.

Relevant development in the field of education?

Il n’y a pas de développements particuliers récents à ce sujet.

7.

Relevant Court decisions for the profession in your country?

On peut mentionner à ce sujet la décision de plusieurs cours et tribunaux correctionnels du pays d’interroger la Cour Constitutionnelle belge à propos de la constitutionnalité de l’article 458 du code de l’impôt sur les revenus . En application de cette disposition, les personnes qui sont reconnues complices à une fraude fiscale sont solidairement et automatiquement tenues de payer l’impôt éludé. Peuvent être visés par la qualification de « complice » à une fraude fiscale, les conseillers de l’entreprise et, parmi eux, les conseils fiscaux et experts-comptables. 12   

La question posée à la Cour constitutionnelle est la suivante: « L’article 458, alinéa 1er, du Code des impôts sur les revenus 1992 (CIR 92) viole-t-il les articles 10 et 11 de la Constitution, combinés avec l’article 6.1 de la Convention européenne de sauvegarde des droits de l’homme et des libertés fondamentales du 4 novembre 1950 (CEDH), dans l’interprétation selon laquelle l’obligation solidaire au paiement des impôts éludés qui y est visée constitue une peine au sens de l’article 6.1 de la CEDH; - en ce que cette disposition attache automatiquement et de plein droit, à toute condamnation pénale encourue pour une infraction fiscale définie aux articles 449 ou 450 du CIR 92, l’obligation solidaire au paiement des impôts éludés, tant pour l’auteur de l’infraction que pour quiconque y a participé, - sans réquisition du ministère public, sans débat contradictoire et sans motivation ou même seulement mention -, et en ce qu’elle ne permet dès lors pas que le juge pénal statue en pleine juridiction sur l’application de l’obligation solidaire au paiement des impôts éludés;

- en ce que cette disposition refuse au juge pénal la faculté de tempérer l’obligation solidaire, lorsqu’il existe des circonstances atténuantes et/ou en fonction de la part concrètement prise par chacune des personnes condamnées aux infractions fiscales déclarées établies et/ou en fonction des avantages retirés, et en ce que le juge pénal ne peut, concernant cette obligation solidaire, ordonner un sursis (probatoire) à l’exécution, tel que défini dans la loi du 29 juin 1964 concernant la suspension, le sursis et la probation, et en ce que la possibilité ne lui est dès lors pas donnée d’éviter une éventuelle violation du droit au respect de la propriété, garanti par l’article 1er du Premier Protocole additionnel du 20 mars 1952 à la Convention de sauvegarde des droits de l’homme et des libertés fondamentales, alors que, lorsqu’il impose des sanctions qui constituent des peines en droit pénal interne belge ou lorsqu’il inflige des amendes administratives qui présentent, selon la jurisprudence interne belge, un caractère pénal et qui ont une incidence financière identique, comparable ou même moindre, le juge pénal dispose effectivement d’une pleine juridiction, à l’issue d’un débat contradictoire ? ».

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8.

Any other business

Il n’y a pas d’autre fait remarquable à signaler.

EN CFE – Professional Affairs Committee - Report on latest national developments - BELGIUM

1. Directive on services: implementation status, implementation of the points of single contact, others?

1.1. The implementation of the services directive in Belgium results in two legal/regulatory steps:

a) the adoption of an “horizontal implementation” law (i.e. applicable to all sectors and professions falling in the scope of the services directive), containing some of the stipulations of the services directive, with as due date 31/12/08 and

b) the “screening” of legal and regulatory stipulations the compatibility of which must be verified with the said directive and, if applicable, justified. Due date: 30/9/08.

1.2. In the framework of the « screening » process referred to above, the following stipulation of the professional regulations relating to tax advisers1 is the subject of specific focus:

                                                             1

Taking into account the scope of this report, we will refer, hereafter, to tax advisers only and not to accountants.

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1.2.1. The restrictions regarding the shareholding of professional companies registered, with the Institute, as “tax advisers” (articles 6 and 7 of the Royal Decree of 4/5/1999).

These stipulations restrict the access to the share capital of such companies only to tax advisers and accountants, duly recognised either in Belgium or abroad (with a professional title or qualification considered as “equivalent” to the one of “tax adviser” in Belgium).

A proposal of law aiming at aligning these regulations to the minimal regulations of the “audit directive” (i.e. only the majority of the shares must be held by registered professionals), has been deposited by the Institute with the relevant Ministers, in view of its adoption by the Parliament. These new stipulations, introducing more flexibility, will however need to be justified according to article 15, 2 c) of the services directive.

2. Money laundering, implementation status; reporting obligations, who is in charge of the supervision; specific reporting obligations for tax advisers; if and how is your association/organisation included in the legislation process?

2.1. Status of implementation of the « third anti-money laundering directive »:

The said directive has not yet been implemented in Belgium (which is subject to an infringement procedure by the EU in that respect).

However, the new requirements of the third directive referred to above had been anticipated, to a large extent, in the law of 12/1/2004 implementing the second anti-money laundering directive of 2001.

2.2. 15   

Obligations of the professionals:

Indeed, according to the law of 12/1/2004, the following obligations apply, namely, to tax advisers working as self-employed persons: • • • •

Identification of clients Conservation of supporting documents relating to the identification of clients Vigilance duty Education of employees and other contractual representatives of tax advisers, with respect to anti-money laundering matters • Obligation to report facts or transactions considered as “suspicious” by the tax adviser, with respect to money laundering, financing of terrorism, or tax fraud (as defined : “aggravated and organised tax fraud”) involving complex mechanisms or international procedures or processes. With respect to the latter (tax fraud), a Royal Decree of 3/6/2007 was enacted: it provides a list of “indicators” in order to help the tax adviser to detect such facts or operations linked to money laundering resulting from “aggravated and organised tax fraud”, as referred to above.

There are no specific procedures for supervising compliance with the above obligations, but if a tax adviser is found by the regulatory authority not to have complied with his obligations, the latter may request the Institute (IEC) to take disciplinary action against the tax adviser and/or to collect administrative fines from this professional.

2.3. Perspectives :

A draft of law implementing the third anti-money laundering directive will be submitted shortly to the Parliament (October 2008). The Institute (IEC) is not formally involved in such legislative process but it has been consulted on an informal basis. Based on information obtained during this consultation process, the following points, which meet the requests formulated by the professionals, would be included in the draft of law:

•

Clarification as to the thrust of the list of indicators included in the Royal Decree of 3/6/2007 (see above); 16 

 

•

Guarantees concerning the anonimity for professionals who submit a “declaration of suspicion” to the regulatory authority (see above).

Furthermore, the Institute has also claimed from the Belgian Government, that tax advisers be exempt from reporting obligations to the regulatory authority regarding anti-money laundering and financing of terrorism, when they are determining the legal position of a client or when they provide advice as to how to engage or to avoid a judiciary procedure. Such exemption is foreseen in article 9, 5 alinea 2 of the anti-money laundering directive.

3. OECD Study into the role of tax intermediaries: any national developments, new “behavior” of the tax administration, initiatives by your government, new high level working groups?

We are not aware that the OECD report referred to above would have given raise to any significant developments, or influenced the behavior of the Belgian tax administration, or would have resulted in any governmental initiatives …., up to now!

4. Developments in the field of professional conduct (e.g. independence, liability, confidentiality, commercial communication (publicity), disciplinary sanctions, permanent training)?

A draft of new standard relating to permanent education has been approved by the Board of the IEC and is presently submitted for approval to the relevant regulatory authority, i.e. the Higher Board for Economic Professions. This draft of new standard does not amend, as such, the annual obligations regarding permanent eduction (40 hours per year), but it contains significant amendments with respect to various modalities, for example the obligation for the professionals to take courses, or to attend seminars, organised only by duly accredited organisations or institutions.

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5. Relevant developments in the field of the access to the profession?

No significant amendment or development has to be reported regarding the access to the title of « tax adviser », except for some impact of the law of 12/2/2008 relating to the recognition of professional qualifications (see below).

Free performance of services:

The activities of providing tax advice are not regulated in Belgium (only the use of the title of “tax adviser” is regulated). Therefore, anyone can provide tax advice to third parties.

Freedom of establishment and recognition of professional qualifications of citizens from EU member States or from a member State of the AEEE:

The directive 2005/CE/36 relating to the recognition of professional qualifications was implemented by the law of 12/2/2008 implementing a new general framework for the recognition of professional EU qualifications. This law is referred to as “horizontal”, i.e. it covers all professions falling in the scope of the directive.

The main impact of the law of 12/2/2008 referred to above is to lower to a minimum of one year, the study level (after secondary school) required in order for an individual to be taken into consideration for the recognition of professional qualifications obtained abroad and, in particular, for the access to the title of “tax adviser”!

6. Relevant development in the field of education?

There are no specific recent developments in that respect.

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7. Relevant Court decisions for the profession in your country?

Several local penal courts in Belgium have formally interrogated the Belgian Constitutional Court as to the compliance of some penal sanctions applicable to tax advisers by virtue of section 458 of the Income Tax Code, with the Belgian Constitution and the “European Convention on Human Rights”.

Pursuant to such stipulations, the persons considered as accomplices in a tax fraud case are severally liable regarding the payment of any eluded tax and may be automatically pursued for such payment, without any “contradictory debate” in front of the courts. Tax advisers may be held as accomplices in tax fraud cases.

The question raised with the Belgian Constitutional Court is whether the compulsory and automatic character of such penal sanctions (due to the fact that the “accomplice” tax adviser is automatically considered as severally liable to the payment of the eluded tax), about the application of which Belgian judges have no room for judgement, is compatible with the Belgian Constitution (article 10 and 11), to be considered in liaison with article 6.1. of the European Convention on the Safeguard of Human Rights and of Fundamental Freedoms, dated 4/11/1950.

This procedure is still pending for the time being.

8. Any other business

There is nothing further to be reported.

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CZECH REPUBLIC  

National report on recent developments in professional affairs – Czech Republic

New regulation of legal entities The principal Amendment to the Act on Tax Advisory Services and on the Chamber of Tax Advisers entered into force as of 1 July, 2008. The first change which is governed by the new wording of the Act is the stipulation concerning legal entities. Before the above mentioned Amendment, the legal entities carrying on tax advisory services were governed by a general regulation provided by the Commercial Code only. Nevertheless, newly their regulation entered into the regime of a special professional law regulation. This means that legal entities shall be subject to similar professional standards as those which had applied to Tax Advisers – individuals only, before the Amendment. Section 3(6) of the Act no. 523/1992 Coll. on Tax Advisory Services and on the Chamber of Tax Advisers states as follows: “Tax advisory services can be carried on also by those business companies or cooperatives, on the basis of a contract concluded by and between them and the client, which carry on tax advisory services through Tax Advisers and which have this activity as an object of business, registered in the Commercial Register, according to a special regulation. The stipulations of the present Act applicable to provision of tax advisory services by Tax Advisers and the Statutes of the Chamber shall apply mutatis mutandis to provision of tax advisory services by legal entities according to this stipulation.” The Chamber is working on preparation of the new Statutes which would specify the activities of legal entities in the field of tax advisory services at a more detailed level. Also in the future, the members of the Chamber will be only individuals who are to have corresponding rights and obligations towards the Chamber. Legal entities shall be registered on a separate list and a part of the records shall be formed by the data of Tax Advisers with the help of whom the companies carry on tax advisory services. Directive on Services The wording of the new Act on Free Movement of Services was drawn up in June 2008 at the level of individual sections (articulated version). At the end of September it should undergo the approval procedure at the Government. At the beginning of 2009 it should be submitted for discussion and approval to the Parliament. 20   

The Act on Tax Advisory Services contains already today a provision for the “guest Tax Adviser” whose status already corresponds to the Directive requirements for temporary and occasional provision of services, and therefore there will not be any change in practice. As far as single contact points are concerned, the Ministry of Industry plans establishment of eight regional contact points and one central contact point, no sector-arrangement is considered. There are also plans for the construction of a web portal in English, through which it will be possible to apply for permission to perform activities and which is to include basic information on all professions, including tax advisory services. The IMI project is always in the testing phase and the Chamber of Tax Advisers of the Czech Republic is not involved therein yet. Money laundering The Money Laundering Directive has already been fully implemented with an effective date from 1 September 2008. Tax Advisers shall send reports through the Chamber. The Chamber does not have any practical experience with the new system. As a problem we perceive the obligation of identification for deals exceeding EUR 1000, as this amount is very low and in practice it will bring problems with regard to small and one-off orders when it is likely to complicate the execution of a contract, due to its formal demands, as for such a small order it is quite often the case that the contract is not made in writing either. Electronic mail boxes The Czech government is preparing a new Act on electronic acts, whose aim is to impose an obligation of electronic communication, especially with the state administration. Within the framework of this project, selected professions (including solicitors and Tax Advisers) shall have an electronic data mailbox (established on a mandatory basis) for the delivery of all written documents from the state administration, including tax authorities. This measure should start applying to Tax Advisers (obligatorily) from 2012.

    ***** 

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GERMANY  

Recent developments in the German Professional Law for Tax Advisers

CFE Professional Affairs Committee, Madrid, 25th September 2008

I. The revision of the German Tax Consulting Act The 8th Law amending the German Tax Consulting Act (8. Steuerberatungsänderungsgesetz) has come into effect in April 2008. Main elements of the new law are the implementation of the directive 2005/36/EC on the recognition of professional qualifications as well as the adaptation of the professional law of tax advisers to current demands and to the professional law of lawyers and auditors. • Relaxation of the prohibition of commercial activity So far commercial activities have been absolutely forbidden for tax advisers. The new provision gives the chambers of tax advisers the opportunity to admit a commercial activity in exceptional cases, if there is no endangerment of the professional duties. The implementation of these provisions will disclose which commercial activities will be concretely admitted. • Syndic tax adviser Until now, the activity as an employee was forbidden to a tax adviser. The new law amended this rule and opened the possibility to a tax adviser to work as an employee, too. The activity of a syndic tax adviser in a company has to include the support in tax matters but is not limited to that kind of activity. This provision will especially allow employees in the tax department of a company to work independently as a tax adviser next to their activity as an employee. A syndic tax adviser is not allowed to represent the own employer as a tax adviser in tax matters but he is allowed to advise the employer in tax matters as an employee. The syndic tax adviser needs a declaration of the employer that he has the right to work independently as a tax adviser next to his main profession. • New legal form for a tax advising company Tax advisers are now allowed to found a company with the legal form of a “GmbH & Co KG” (limited partnership with a limited company as general partner). This legal form is available only for tax advising companies fulfilling the legal capital commitment provisions. •

Cooperation with other professions

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The new law admits a cooperation of a tax adviser with all kind of liberal profession. The participating tax adviser will be responsible to comply with his professional duties when cooperating with other professions. The cooperation with persons or companies exercising business activities is not allowed. • Duty to further education Up to now the duty to further education has been regulated only in the code of conduct of the profession. In contrary, for lawyers and auditors, the law lays down explicitly the duty to further education. The establishment of the obligation to further education for tax advisers in the law achieves insofar accordance with the legislation relating to lawyers and auditors. • Cross-border provision of tax advisory services Tax advisers from other EEA Member States and Switzerland having an equivalent education are allowed to provide their services on a temporary basis (Art. 49 EC Treaty) in Germany. Their scope of competences is determined by their country of establishment but they are subject to German professional regulations, see § 3a (1) StBerG (Steuerberatungsgesetz – Act on Tax Advice). § 3a StBerG has introduced a notification procedure for those advisers: Each of the 21 regional tax adviser chambers is competent for service providers from one or several countries (example: the tax adviser chamber of Düsseldorf is responsible for advisers from the Netherlands and Bulgaria). Notification has to be made in writing and prior to the service provision. A permission by the tax adviser chamber is not required. The information to be provided is largely identical to Art.7 (2) of directive 2005/36/EC. The notification leads to registration in the professional register and has to be updated if necessary and renewed every year in case of repeted service provision. The procedure and registration in the register are free of charge. Professional liability insurance cover or another form of personal or collective professional liability protection has to be demonstrated.

II. Implementation of the Money Laundering Directive The German law implementing the third money laundering directive 2005/60/EC came into force in July 2008. The German chambers of lawyers, notaries, auditors and tax advisers took part in the legislative process and invited the German legislator to implement the directive close to its provisions and not above. The legislator mainly satisfied this requirement. In Germany, the notification of suspicious deals by tax advisers now concerns not only the suspicion of money laundering but also of terrorist financing. New customer due diligence measures foreseen by the directive have also been implemented in German law. Up to now, it was sufficient, that the client identified himself and informed about the name and address of the beneficial owner. With the implementation of the third directive, the tax adviser has now to find out if the client is acting for a third party and has to identify the real identity of this beneficial owner. It was also implemented 23   

in Germany that the tax adviser has to obtain information on the purpose and intended nature of the business relationship. Furthermore, he has to conduct an ongoing monitoring of the business relationship. However, according to the directive and the German implementation the tax adviser decides from case to case to apply these matters on a risk-sensitive basis depending on the type of customer, business relationship, product or transaction.

III. Implementation of the Services Directive The implementation of the Services Directive concerns currently the decision who will act as the one-stop-shop in Germany. A German law from July 2008 decided, that the 16 “Länder” have to decide about the adoption of the function as a one-stop-shop for themselves. Only three “Länder” took a decision yet, the other thirteen are about to decide quite soon. There a different models discussed, like the chamber-model (sometimes with, sometimes without the chambers of the liberal professions), the communal-model or a cooperation of both. There is even one “Land” where the ministry of economy will act as one-stop-shop. In any case, the chambers of the liberal professions seem to be involved in the activity of the one-stop-shops in about 50% of the “Länder”.

IV. Introduction of contingency fees A new law, regulating contingency fees for liberal professions in Germany, has come into effect the 1st July 2008. The basic prohibition for this kind of fees remains for tax advisers, but in rare cases, exceptions will be admitted. An agreement about a contingency fee will only be allowed, if - because of a lack of economic resources - a contingency fee is the only possibility for the client to fight for his rights. V. Jurisdiction On 1st April 2008, the highest Financial Court in Germany took a decision concerning the aptitude test according to the qualifications directive. First the Court stated that a person with the Belgian qualification of a “Conseil Fiscal” is not allowed to pass the aptitude test in Germany (according to the qualifications directive) to become a German “Steuerberater” if in the past he has passed and failed three times the German exam to become a “Steuerberater” (Steuerberaterprüfung). The Court argued that the German law admits only three tries to pass the exam of tax advisers (Steuerberaterprüfung) and the aptitude test represents also an exam of tax adviser. Second, the Court decided, that applicants who have completed their studies preparing for the „Steuerberaterprüfung“ in Germany are not allowed to pass only the aptitude test even if they are admitted as a tax adviser in another state of the European Union. Thus, the claimant will not be allowed to pass the aptitude test in Germany.

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DENMARK  

Danish report on recent developments in professional affairs policy and legislation on professional affairs

Prepared by FRR Tax/FSD

September 2008   In Denmark we don’t have a distinct tax adviser profession, but advising is done by auditors and lawyers. Auditors prepare tax returns and financial statements.

New audit legislation The implementation of the Eighth Directive from 2006 has been done by introducing a new act of auditing followed by set of rules for e.g. independence. The new act covers primarily situations when an auditor issues an opinion but only when there is a certain level of security in the opinion. Therefore, the act fully covers auditing and review and only partly assurance engagements and compilations. Only auditing and review are covered by quality control and independence requirements. The act is effective as per the first of July 2008, but the rules of mandatory continued professional education are not effective until the first of January 2009. Advising is not covered by the audit law, but when an auditor helps the client preparing the yearly financial statement for tax purposes in a personally held company, it is normal to make a review statement, and as soon as this is done, we are inside the auditors law.

The audit exemption In 2006 the audit threshold was introduced. Companies with a turnover of less than 3 million DKK are not subject to statutory audit. According to our surveys and internal research among our members, still very few companies have chosen to opt out most likely around 10 %. The 25   

companies need to prepare their books and deliver their financial statements, and this work is in most SMEs done by the auditor. We do not consider mandatory audit as red tape. We consider good accounting and auditing to be a substantial contribution to the market economy. Most likely the political demands for further raising the threshold will materialize in 2009-10.

Company law The Minister of Economy and Commerce has formed a committee to come up with a proposal for a new set of rules covering limited companies that are not “gold-plating” the EU-directives but only fulfil the minimum requirements. In Denmark we have two basic forms of limited companies – Anpartsselskab (ApS) and Aktieselskab (A/S). The committee will most likely come up with a proposal for a new set of limited companies acts this autumn that limits the regulation considerably. Today you need 125,000 DKK to form an ApS. In the future, 1 DKK will probably be enough. We fear that this development together with the continued attempts to cut in accounting and auditing demands can create problems and challenges when the economy moves into recession. We have warned against fraud and tax evasion.

Tax The Minister of Taxation has formed a commission headed by a former Social Democratic minister of taxation to come up with a proposal to lower the income tax. This proposal will most likely raise the limit for when to pay the top-rate tax (roughly 21 pct. extra on all income exceeding 350,000 DKK) and maybe introduce a Swedish style tax on house owners’ capital gains. The report from the committee will be made public in the early spring. FRR Tax supports changes in the tax system whenever they create a more transparent system and cut excessive administrative burdens.

FRR Taxadvising We now have 4 full time academics (lawyers) in our head office that provide members with tax advising for a monthly fee or pay-per-case.   ***** 

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SPAIN  

Report on the national developments (professional affairs) Spain, September 2008.   Directive on Services: as established in the Spanish resolution of 14th of February 2008 RCL 2008/504, The Spanish Council of Ministers adopt the conditions to which the Study Programs of the degrees of dentist, nursery, pharmacy, physiotherapy, doctor, veterinary and architect shall adapt in order the Spanish legislation could meet the requirements of the Directive 2005/36/EC relating to the professional qualifications recognition.

Money Laundering: the Spanish Order EHA/2619/2006 of 28th of July by which the obligations of prevention of the money laundering of the bound subjects who make the activity of change of currency or management of transfers outside are developed was adopted in order to adapt the Spanish legislation to the Directive 2005/60/CE of 26th of October 2005 for the prevention and use of the financing system to the money laundering and for terrorism financing.

Regarding the Directive 2006/70/CE of 1st of August by which the application dispositions to the Directive 2005/60/CE are established, the Spanish legislation adaptation to it is made by the Spanish Order EHA 1439/2006 which rules the declaration of means of payment movements in the area of the prevention of money laundering.

Developments in the professional conduct: The REAF has got a Good Practice Code published in 2003, which has not been modified until now, in which the behaviour of the tax advisers while exercising its profession is regulated and in it the moral and professional independence of the tax adviser, the professional secrecy, the nature of the advertising, the sanctions, and the permanent training of the tax adviser are established.

Access to the profession: as established in the internal regulations of the REAF, only can become members of the association those individuals who belong to any Economist Association of Spain. In order to become a member, the associations require a university degree related with business or finances. Moreover, it also can be required to pass an exam in order to know if the individual has the appropriate theoretical and practical knowledge. 27   

Education: in this area the Spanish Council of Ministers passed the Spanish Royal Decree 1393/2007 of 29th of October by which the regulation of the official university education is established in order to meet the requirements of the Bologna Process that Spain signed in 1999. With this it is intended to reach the unification of the university studies with the European Union as well as to create a European Space of Superior Education competitive ant attractive to the students, to the lecturers and to other countries.

Others: the articles 6, 7 and 8 of the Directive 2006/123/EC relating to the services in the interior market have been passed through the Spanish Law 11/2007 of 22nd of June, of electronic access of the citizens to the Public Services.   ***** 

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FRANCE     •

Money laundering,   Answer On the April 10, 2008 The "Conseil d'Etat" issued a decision stating that the 2nd Directive has to be interpreted as compelling states to exonerate lawyers of vigilance and disclosure obligations while legal advising or consulting engagement as well as defense and representation in court. France is late in 3rd Directive transposition.

•

Issues related to the OECD Study into the role of tax intermediaries: any national developments, new "behavior" of the tax administration, initiatives by your government, new high level working groups? Answer The French Budget Minister is proposing to set up a judicial tax committee placed under a judge authority. Agreeing with his German colleague Peer Steinbruck, they both are going to gather the OCDE countries in next October to take stock of the situation about tax evasion. He wishes that the bank secrecy concerning tax havens et the credibility of tax havens black list will be addressed during this round table. Information displayed on the July 31, 2008

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ITALY

Dott. Riccardo Bordoli (ANTI – Associazione Nazionale Tributaristi Italiani) 1) DIRECTIVE ON SERVICES: It hasn’t been implemented yet. The Government has been delegated to propose a specific legislative decree. 2) MONEY LAUNDERING: the third money laundering directive has been implemented (D.Lgs. n. 231, December, the 29th, 2007). a. The UFFCIO ITALIANO CAMBI (UIC) has been abolished. The same law has entrusted the UIF (a new “financial information unit” c/o the Bank of Italy) with the supervision and reporting. b. Tax advisers haven’t specific reporting obligations. They can also omit the reporting about the information known during the preliminary client situation check. But they must always identify their clients (except for operations under 15.000 Euros). c. To assure the anonymity, a professional can send his reporting to his regulated by law order (Ordine dei Dottori Commercialisti ed Esperti Contabili, Ordine degli Avvocati, Ordine dei Notai), who consequently will send it to the UIF. d. Our association (ANTI) isn’t included in the legislation process. 3) OECD Study into the role of tax intermediaries: no news about national developments or government initiatives 4) Professional conduct: recently, the new “Ordine dei Dottori commercialisti e degli esperti contabili” (born January, the first, 2008 from the merge between Chartered accountants and Public Chartered Accountants) has defined the Code of Conduct, including the obligation of permanent training and the possibility to make publicity (not comparative) 5) Access to the profession: tax adviser is a free activity in Italy 6) Any other business: the new Italian Government want to include a great reform of the major professional activities (chartered accountants, lawyers and notaries) into the General Justice Reform that will be proposed before the end of 2008. A large discussion is in progress about the difference between regulated by law orders, and free

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associations of professionals, that the Prodi government wanted to recognize as interlocutors for the definition of new rules.   ***** 

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IRELAND

Professional Affairs Committee National Update

Anti-Money Laundering

The 3rd Directive has not yet been implemented into Irish Law. Draft Heads of Bill have been published but full draft legislation is not expected until Christmas and therefore unlikely to be finalised before Spring 2009. We have made detailed submissions to government on the Heads of Bill so far published but have had no response from government to date. We understand that the Irish authorities are taking responsibility for the regulation of tax advisers through their Department of Justice. Despite a number of approaches, we have been unable to ascertain their plans for how this will operate in practice.

OECD Study into Intermediaries The Irish Revenue authorities are of the view that they already have implemented most of the recommendations from the OECD study. We have formal consultative structures between practitioners and Revenue; we have a voluntary co-operative compliance regime that taxpayers can sign up to and a specialist section with Revenue for Large Cases. The Irish Revenue have no immediate plans to introduce any further measures as a result of the OECD report.

Access to the Profession The Mutual Recognition of Professional Qualifications Directive was signed into Irish law on 6 May 2008. ***** 

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LUXEMBOURG

OEC LUXEMBOURG – September 2008

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Directive on services: Implementation status, implementation of the points of single contact, others?

No draft law applicable to our profession at the moment.

•

Money laundering, implementation status; reporting obligations, who is in charge of the supervision; specific reporting obligations for tax advisers; if and how is your association/organisation included in the legislation process?

Laws of July 17, 2008 implementing UE Directives. Document is available at: www.oec.lu , Nouveautés : Lutte contre blanchiment de capitaux/financement du terrorisme : lois 17/07/08

•

Issues related to the OECD Study into the role of tax intermediaries: any national developments, new "behavior" of the tax administration, initiatives by your government, new high level working groups?

Nothing identified as such.

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Developments in the field of professional conduct (e.g. independence, liability, confidentiality, commercial communication (publicity), disciplinary sanctions, permanent training)?

Only technical updates.

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•

Relevant development in the field Last update in mai 2007. of the access to the profession? Documents are available at : www.oec.lu . Nouveautés : Droit d’établissement: loi du 09/07/2004, règlement grand-ducal du 08/05/2007

•

Relevant development in the field of education?

Selected education programs drawn to the attention of the OEC members.

•

Relevant Court decisions for the profession in your country?

None.

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THE NETHERLANDS 

Recent developments in professional affairs policy and legislation

1. Directive on services For the EU countries, including the Netherlands, there has been a delay in implementing the directive on services, as mentioned in the latest Professional Law Report of August 2008. The Dutch Council of Ministers approved a draft service law on June 6, 2008, and the Council of State, a legislative advisory board, has already given its recommendations on this draft bill. Local authorities, however, have been granted more time to consider the legislation regarding the directive on services. The draft bill is currently expected to be promulgated in the fourth quarter of 2008.

2. Money laundering The Netherlands implemented its third money laundering directive on August 1, 2008. On the same date, the Act on Measures to Prevent Money Laundering and Terrorist Financing (“MLA”) came into effect. The Act delegates the responsibility for supervising lawyers, civil-law notaries, auditors, and tax advisors to the Bureau of Financial Supervision (“BFT”), an independent administrative institution. In accordance with the third money laundering directive, this conceptbased Act focuses on risk. It prescribes two main obligations: client investigations and a duty to report. Auditors, tax advisors, and other advisers are obliged to report any "unusual transactions" they encounter in the course of their professional activities which indicate, or could indicate, money laundering or terrorist financing activities. The Act makes an exception, in that it is not applicable to advisors or legal counsel involved in assisting their clients with legal proceedings and/or trials. There is a mandatory permanent education for advisers in the Act. During the legislation process, the Dutch legislature consulted several professional organizations, including the Dutch Association of Tax Advisers (“NOB”). These professional organizations have produced guidelines on the application of the Act for advisers. A grandfather clause in the Act applies until January 1, 2009.

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3. OECD study into the role of tax intermediaries The OECD report, "Study into the Role of Tax Intermediaries," was presented at a Cape Town conference in January 2008, and focuses on building an "enhanced relationship between clients, tax authorities and tax advisers." With this goal in mind, the report makes the following recommendations: • •

Revenue bodies should demonstrate commercial awareness, impartiality, proportionality, openness through disclosure and transparency, and responsiveness in their dealings with taxpayers; and Taxpayers should ensure disclosure and transparency in their dealings with revenue bodies.

In line with this goal, the Netherlands has introduced the concept of "horizontal supervision," in which the Dutch Revenue works together with taxpayers, relying on the principles of transparency, mutual understanding, and trust. These principles are encoded in compliance covenants obliging the taxpayer to actively inform the Dutch Revenue of relevant tax issues. The Dutch Revenue is obliged to respond to these matters and impose assessments as soon as possible. This has several advantages. Taxpayers benefit from having a higher level of certainty regarding their tax positions and avoiding time-consuming tax audits relating to previous years. The Dutch Revenue benefits because it can obtain more information on relevant tax issues and use the information available from taxpayers more efficiently. This concept is used currently with large enterprises that are already subject to other types of supervision, such as supervision of their SEC obligations. The Dutch Revenue is attempting to extend the use of this concept to their work with smaller, middle-market enterprises.

4. Dutch Supreme Court decisions regarding the profession of tax advisors The State Taxes Act allows the Dutch Revenue to impose administrative fines on taxpayers. These fines vary from default penalties, for minor transgressions, to offense penalties, in which the taxpayer's willful misconduct or gross negligence must be evident. Offense penalties may be imposed for up to 100% of the taxes owed, without an absolute maximum. As to offense penalties the Dutch Supreme Court determined on December 1, 2006, that willful misconduct or gross negligence on the part of the tax advisor representing a taxpayer cannot be imputed to the taxpayer. In such cases, it is important that the taxpayer have exercised all reasonable care that may be expected of him or her in the choice of, and cooperation with, the tax advisor. On the question as to whether the Dutch Revenue may impose an additional assessment, the Dutch Supreme Court, on February 28, 2008, subsequently determined that the actions of the tax advisor cannot be imputed to the taxpayer, and that neglecting to check the tax advisor's work does not automatically imply conditional intent on the part of the taxpayer. If a 36   

taxpayer has commissioned a tax advisor to prepare and file tax returns, then, according to the Dutch Supreme Court, it may be assumed that the taxpayer's intention was to provide the tax inspector with the correct information. The taxpayer's failure to check the work carried out by the tax advisor can only be qualified as conditional intent if it can be demonstrated that there was a considerable chance that the tax advisor would fail to carry out this work and that the taxpayer/client knew this and took the risk anyway.

Amstelveen, September 15, 2008 Dick Barmentlo

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POLAND   

National Report on recent developments in professional affairs policy and/or legislation on professional affairs

1.  Directive on services: Implementation status, implementation of the points of single contact, others? Answer The Polish Ministry of Economy is currently working on the implementation of the Directive 2006/123/EC on services. As of August 20, 2008, there has been no implementation draft of the Directive made publicly available. 2. Money laundering, implementation status; reporting obligations, who is in charge of the supervision; specific reporting obligations for tax advisers; if and how is your association/organisation included in the legislation process? Answer Poland is late in its implementation of the III Directive 2005/60/EC on money laundering. Due to this fact, the European Commission issued a reasoned opinion on June 5, 2008 on the failure to fulfill an obligation by Poland under Art. 226 of the Treaty on European Community. The Polish Ministry of Finance published the final draft of an act implementing the III Directive of August 12, 2008. However, the draft has not yet been the subject of legislative works of the Polish Parliament. Under the last legislation project, reporting obligations to the Polish General Inspector of Financial Information are laid down on the institutions and persons covered by this act, in the case of notaries, advocates, legal advisors and foreign lawyers through the relevant professional self-governments, if they will undertake such mediation. Additionally, the last legislation project provides for financial penalties of up to PLN 750,000 (approx. EUR 234,000) to be imposed by the Polish General Inspector of Financial Information in the case of non-fulfillment of the envisaged obligations by the institutions and persons covered by the legislation project. The principles of the above mentioned Directive’s implementation draft were the subject of analysis by, among others, the Polish National Board of Tax Advisors, before the commencement of the legislative works. 38   

3. Issues related to the OECD Study into the role of tax intermediaries: any national developments, new “behavior” of the tax administration, initiatives by your government, new high level working groups? Answer The Polish Ministry of Finance is preparing a draft Law on Amendments to the 1996 Law on Tax Advisory Services, co-operating in this respect with Polish National Board of Tax Advisors. However, the final scope or shape of the new amendments is not fully known yet.

4. Developments in the field of professional conduct (e.g. independence, liability, confidentiality, commercial communication (publicity), disciplinary sanctions, permanent training)? Answer All the above-mentioned matters have been already regulated in the 1996 Law on Tax Advisory Services. Polish National Board of Tax Advisors is not aware of any significant new changes in this regard planned by the Ministry of Finance (see item 3 above). 5.

Relevant development in the field of the access to the profession? Answer Polish National Board of Tax Advisors is not aware of any such proposals or actions.

6.

Relevant development in the field of education? Answer Polish National Board of Tax Advisors is not aware of any such development besides the already–existing education schemes arranged for by each of the Regional Branches of the Polish National Board of Tax Advisors.

7.

Relevant Court decisions for the profession in your country? Answer Polish National Board of Tax Advisors is not aware of any such decision.

8.

Any other business ? Answer None 39 

 

UNITED KINGDOM

Directive on Services

The UK has widely consulted on the implementation process of the Services Directive and has screened current national and local legislation to identify any required changes. The timetable for implementation over the next 16 months includes providing guidance and training for Competent Authorities, ironing out remaining issues with the Point of Single Contact, introducing legislation and finalising overall policy.

Money Laundering

The 3rd Directive has been implemented by the UK. The CIOT along with other tax and accounting professional bodies and HMRC (the UK tax authority) are the supervisory authorities for the tax and accounting profession (also known as accountancy service providers). Tax advisers and their work come within the scope of the Money Laundering Regulations 2007. As such tax advisers must report knowledge or suspicion of money laundering unless they have a reasonable excuse under the law or the privilege reporting exemption applies.    

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