Legislation – Finance Act 2026
Changes to legislation:
Finance Act 2026, Section 164 is up to date with all changes known to be in force on or before 16 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Section 164:
- Pt. 15 excluded by S.I. 2026/331 reg. 19
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 15 excluded by S.I. 2026/331 reg. 19
Part 6Avoidance
Chapter 1Prohibition of promotion of certain tax avoidance arrangements
Sanctions
164Criminal liability of responsible persons
(1)
If an offence under section 163 is committed by a body corporate or a partnership and—
(a)
is committed with the consent or connivance of a responsible person, or
(b)
is attributable to the neglect of a responsible person,
the responsible person commits the offence (as well as the body or partnership).
(2)
A “responsible person” means—
(a)
in relation to a body corporate other than one whose affairs are managed by its members—
(i)
a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, or
(ii)
a shadow director within the meaning given in section 251 of the Companies Act 2006;
(b)
in relation to a limited liability partnership or other body corporate whose affairs are managed by its members—
(i)
a member exercising management functions, or purporting to do so, or
(ii)
in the case of a limited liability partnership, a shadow member;
(c)
in relation to a partnership, a partner or a person purporting to act in that capacity.
(3)
In this section, a “shadow member” means a person in accordance with whose directions or instructions the members of the limited liability partnership are accustomed to act, save that a person is not a shadow member by reason only of the fact that the members act on advice given by that person in a professional capacity.