The role of UBO transparency in fighting tax crime

UBO

Tax evasion remains one of the most costly crimes in the global financial system, depriving governments of an estimated half a trillion dollars every year.

Unlike tax avoidance, which operates within legal boundaries, evasion involves concealing profits, exploiting loopholes and disguising payments to dodge obligations. The impact goes far beyond lost revenue, often linking to broader organised crime networks or being used by businesses intent on hiding reputational risks, claims RelyComply.

Auditors and tax authorities are especially alert during filing season, yet the pressure does not only fall on accountants. South Africa’s financial institutions, for instance, are expected to strengthen their anti-money laundering (AML) frameworks, particularly to detect obscured beneficiary ownership, offshore arrangements and complex structures designed to conceal taxable income.

Regulators are focusing less on chasing individual offenders and more on weaknesses in compliance systems. Financial institutions face mounting pressure to address evolving evasion strategies, with responsibility extending across the sector to ensure sophisticated methods of concealment are identified.

Historically, tax crime and money laundering were treated as separate matters. That changed in 2012 when the Financial Action Task Force (FATF) recognised tax evasion as a predicate offence for AML purposes. Since then, authorities have increasingly highlighted the overlap between laundering methods and tax-related offences—whether through layered corporate structures, manipulation of trade values, smurfing deposits or the use of intermediaries and offshore tax havens. These shared tactics mean tax authorities and AML regulators must work hand in hand.

Yet loopholes remain. Each jurisdiction determines how tax crime is defined and enforced, creating inconsistencies in reporting and oversight. The challenge is magnified by the growing use of ultimate beneficial ownership (UBO) structures and shell companies. While frameworks exist, such as FATF’s recommendations and know-your-business (KYB) obligations, UBOs often remain opaque and hard to trace.

Common techniques include nominee directors and shareholders, intermediary shell entities, misaligned reporting between jurisdictions, and complex trust structures with frequently changing or hidden beneficiaries. Rules on disclosure vary globally. In the US, the Corporate Transparency Act requires some firms to submit UBO details to FinCEN. The UK maintains three separate registers, while the UAE enforces mandatory disclosure. By contrast, the EU stepped back from its public register plan after a 2022 privacy ruling, limiting access to journalists and law enforcement. South Africa recently followed through with a central non-public BO registry to aid regulators.

The effectiveness of UBO registers will be crucial in the fight against financial crime. Regulators are now scrutinising whether declared UBOs are accurate, identifying shell company layers, and flagging suspicious activity in tax havens. Tax authorities are also turning to advanced analytics and AI to track risk. In the US, the IRS uses AI to flag error-prone filings. HMRC in the UK employs software that connects lifestyle patterns with undeclared income. South Africa’s SARS has applied machine learning since 2016, helping it recover billions in previously lost revenue.

For financial institutions, meeting obligations under suspicious transaction reporting (STR) frameworks is no longer optional. RegTech platforms are emerging as a critical ally, enabling compliance teams to automate monitoring, align with local and international registers, and detect discrepancies in corporate data. These systems can highlight missing or conflicting UBO declarations and assess risks tied to jurisdictions known for weak tax transparency.

Tax evasion continues to undermine the integrity of global AML frameworks. As regulatory scrutiny grows, collaboration between financial institutions, tax authorities and technology providers will be essential. Greater transparency on UBOs, paired with AI-driven compliance systems, offers the most promising path to curbing one of the most pervasive financial crimes.

For more, find on RegTech Analyst.

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