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TODAY'S OTHER NEWS

 AML warning as hundreds of agents hit with HMRC fines

An anti-money laundering (AML) expert has queried why there is a reluctance among estate agents to accept and follow AML responsibilities.

It comes as HMRC figures showed more than 200 estate agency businesses were fined for anti-money laundering (AML) failures between April and September 2023.

The latest data from HMRC shows 254 estate agency business were fined a more than £1.6m for failing to register, or re-register with them for AML.

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The fines range from £1,500 to over £50,000.

Commenting, Malcolm Driscoll, lead AML Consultant at FCS Compliance, said: “Registering with HMRC is one of the most basic requirements of the Money Laundering Regulations (MLR).  However, so many businesses fail to complete this simple obligation, either by ignorance or by believing that the regulations simply do not apply to them.”

Driscoll questioned why people will accept legal obligations to drive on the road – a driving licence, insurance, passing a test – but for some, he said, there is a reluctance to accept AML obligations are needed to facilitate a property transaction where large sums of money are moved between parties.

He added: “To be compliant, a business needs an accurate AML policy and procedures Manual and AML Risk Assessment that reflects the company’s business activities, awareness of the legislation, adherence to it and the specific risks that the company faces.  

“Additionally, staff must be trained regularly and the obligations to the completion of CDD fully understood and undertaken.  These are the things that HMRC are looking at when they conduct their ‘random’ and ‘short notice’ inspections.

“All agents are at risk and it’s up to them to mitigate those risks or accept they could face an onerous HMRC fine.”

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    HMRC doing what they do best, raising revenue.

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    Basically, on top of collecting and paying taxes to the Gov't, it also wants Estate Agents to police money laundering.

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    Not reluctance. As a sales only agency we just didn’t know we were supposed to register. As soon as we found out (which only came about as we were changing banks and the new bank asked us to register) we did so. 12 months later we were hit with a £27,000 fine. We employ external bookkeeper, separate accountants and a quality solicitor to incorporate the companies and no one told us. We were never advised by HMRC that we had to register. I know ignorance is no excuse but it seems very much like a stealth compulsory registration was introduced and then we were fined when we did so if a little late!! AND when we ask for a review it’s just another HMRC employee who reviews it. Can’t get a day in court, no external ombudsman to complain to. Pay up or we send the bailiffs rounds. Feels like a communist state!

  • Hit Man

    I don't understand why estate agents have to register and undergo AML checks when solicitors already do the same. It feels like a redundant process solely for generating revenue. It almost resembles a cartel, especially with external parties like Propertymark attempting to influence the estate agency industry to capture a share of agents' fees.

    Shaun Adams

    there are plans to make sharing aml between agents, sols and brokers, transparent and secure with blockchain Coadjute

     
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    Apparently 24,500 estate agents in the UK. 200 fined for not being up to date. All admin can be a burden but I was delighted to see some known scrotes fined in my patch.

  • Julie Close

    One only has to go onto Youtube, put ‘HSBC money laundering documentary’ into search and your eyes will be opened about corruption within the banking system.

    There are countries where it is the responsibility of mortgage brokers and the banks to complete the AML when a mortgage is involve. Buyers usually have their mortgage approved before they put an offer on a property.

    If the transaction is a cash purchase then it becomes the estate agents and legal representatives problem to complete the AML process.

    Would life be made easier if we had the same

  • Julie Close

    One only has to go onto Youtube, put ‘HSBC money laundering documentary’ into search and your eyes will be opened about corruption.

    There are countries where it is the responsibility of mortgage brokers and the banks to complete the AML when a mortgage is involve. Buyers usually have their mortgage approved before they put an offer on a property.

    If the transaction is a cash purchase then it becomes the estate agents and legal representatives problem to complete the AML process.

    Would life be made easier if we had the same

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    As an estate agent, I am utterly dismayed by the burdensome regulations imposed by HMRC's anti-money laundering legislation. It's absurd that we're expected to comply and pay hefty registration fees when the real perpetrators of money laundering operate with impunity right under HMRC's nose.

    Let's talk about the elephant in the room: the Vietnamese-operated nail bars, candy shops, barbers, and fast-food outlets that are shamelessly laundering proceeds of crime. It's an open secret, yet HMRC seems content to turn a blind eye to these flagrant violations. This isn't about tax avoidance; it's about the proceeds of serious criminal activity slipping through the cracks while estate agents are unjustly targeted.

    Vietnamese people trafficking gangs are running rampant, laundering money on an industrial scale, and yet estate agents are portrayed as the soft target. It's high time HMRC redirected its focus where it's truly needed and stopped burdening law-abiding professionals with unnecessary red tape. It's not just unfair; it's an egregious failure of duty on the part of HMRC.

  • Hit Man

    Are letting agents more susceptible to risks like money laundering since they handle financial transactions, unlike estate agents? And do anti-money laundering (AML) regulations apply to property portals, private sellers, and landlords who essentially perform similar functions to agents?

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    I understand that estate agents should be vigilant, but why doesn't the government set up an AML platform where buyers and sellers can upload the relevant documents to satisfy compliance, rather than having to do this separately with the agent, solicitor, and bank/mortgage broker? The platform can then generate a code or certificate that can be use by the relevant business. Instead we are appointed as gatekeepers, but have to pay for the privilege, and face finds if we as much as blink. Absolute shambles!

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    I understand that estate agents should be vigilant, but why doesn't the government set up an AML platform where buyers and sellers can upload the relevant documents to satisfy compliance, rather than having to do this separately with the agent, solicitor, and bank/mortgage broker? The platform can then generate a code or certificate that can be use by the relevant business. Instead we are appointed as gatekeepers, but have to pay for the privilege, and face finds if we as much as blink. Absolute shambles!

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