What is tax evasion?
Tax evasion means the illegal action of intentionally withholding tax payments. According to Section 7201 of the Internal Revenue Code it states that “Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined* not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.”
Tax evasion could be caused by withholding payments from the IRS or by underpaying on your taxes. This could be done by providing false or incorrect information on your taxes. There could be many reasons why this has happened like it was intentional or it was an honest mistake. If you find yourself receiving a letter from the IRS claiming that you are being investigated for suspicion of potential tax fraud, then the best thing for you to do is to reach out to a Tax fraud defense attorney.
What kind of offense is tax evasion?
Tax fraud is a felony and a criminal offense. When looking for a lawyer you want to hire a criminal defense lawyer who handles tax fraud and tax evasion cases. Tax fraud is a serious crime that can hold a huge weight on your record. The best thing to do for your case is to hire an attorney so they can help represent you and either get your charges dropped or lessen your penalties. To find a lawyer that has experience with tax fraud then you would want to research “Criminal tax defense attorney near me” and see what comes up. Websites like google or yelp would be your best option and you can do your research from there. Then you would want to schedule a consultation to see if they would be the best fit for you and your case.
What are the examples of tax evasion charges?
The term tax evasion means the illegal action of underpaying your taxes or not paying your taxes. There are different ways you could be charged with tax evasion like understating your actual income and providing insufficient information on your tax documents. Other ways could be failing to cooperate with tax authorities or possibly engaging in illegal tax activities like fraud. You could do all of your business exchanges in cash, so you don’t have a record of transactions and not have to show taxes or hide any information on possible taxable assets. You could fail to file your taxes or fail to make any required tax payments.
What are best defenses if you are accused of tax fraud in Florida
- Insufficient evidence – Insufficient evidence means that there is a lack of evidence to prove that you were the one who committed the act. Without evidence, there’s no conviction.
- Statute of limitations – The statute of limitations means that there’s a time period for possible conviction of a crime. If charges are pressed on an individual and it’s after the statute of limitations, then the individual has any legal actions against them.
- Entrapment – The term entrapment means that an individual is coerced into committing a crime that they normally would not attempt to commit. This defense would require you to provide evidence that you wouldn’t have attempted this on your own and you were influenced to do so.
- Mistake – Mistakes happen, and they can sometimes lead to consequences. There could be a huge misunderstanding that led to you being charged. You might have forgotten to add certain information or thought you did but it accidentally got deleted. Maybe you forgot the deadline and you thought you had more time. There are multiple reasons for a possible mistake being made.
- Insanity – Insanity is a defense used a lot in course, but it is hard to prove in court. The defense would be that you weren’t in the right state of mind during the alleged crime. An insanity plea has a low success rate and wouldn’t be the ideal defense for a tax evasion case.
- Intentional Conduct – There would have to be evidence to prove that the defendant was in fact sound of mind, knew what they were doing, and was aware of the consequences.
Frequently Asked Questions
What are the criminal penalties for tax evasion?
If someone is convicted for tax evasion, then they will be charged with a felony and get up to five years in prison. Along with their prison sentence, they will be put on probation between 1 – 3 years. The individual would have to pay a fine of up to $250,000, if it was a corporation committing the felony then their fine would be up to $500,000. They may also be asked to pay restitution
Do I need a lawyer for tax fraud charges in Florida?
If you are charged with tax fraud, then the best thing to do is to hire an experienced attorney to help with your case. You would want to look for a Tax fraud defense attorney to help represent you in your case.
What does it mean if you’re facing charges for tax fraud?
Tax fraud means that an individual or corporation intentionally put misleading and false information on their tax records. This could also mean paying lower taxes or not paying any taxes.
Can you get probation for tax evasion?
It is possible to receive probation for a tax evasion conviction. If convicted then you can face probation of up to three years.
What are some tax fraud defense strategies?
The are many possible defenses to use when it comes to a tax fraud case. A few examples could be underestimating your income, forgot to file taxes on time, or they made a mistake when they initially filed their taxes.
Tax evasion is the act of intentionally withholding your tax payments or intentionally paying under your required tax payments. This is a serious criminal offense that could lead to a felony charge and possible prison time. Whether it is an honest mistake or it was done intentionally, then you should seek proper representation. If you are under suspicion by the IRS for allegedly committing tax fraud, then you should seek a Tax fraud defense attorney.
At the Smith & Eulo Law Firm, we have criminal defense lawyers to represent you in your case. Call us today for a free consultation at 407-930-8912 or email at smithandeulo@gmail.com. We strive to always be available for you.