Top Fort Defiance, AZ Federal Tax Fraud Lawyers Near You
5300 Memorial Dr, Ste 750, Houston, TX 77007
1901 6th Ave North, Suite 2600, Birmingham, AL 35203
10180 SW 71st Ave, Pinecrest, FL 33156
1 Alhambra Plaza, Penthouse, Miami, FL 33134
One Houston Center, 1221 McKinney Street, Suite 2800, Houston, TX 77010
100 South Ashley Drive, Suite 1740, Tampa, FL 33602
477 Congress Street, 5th Floor, Portland, ME 04101
1050 SW 6th Ave, Suite 1414, Portland, OR 97204
1400 16th Street, Suite 400, Denver, CO 80202
One Cowboys Way, Suite 175, Frisco, TX 75034
2020 Brice Rd., Reynoldsburg, OH 43068
One Constitution Plaza, Hartford, CT 06103
536 South High Street, Columbus, OH 43215
600 New Hampshire Avenue, NW, Washington, DC 20037
9300 John Hickman Parkway, #501, Frisco, TX 75035
601 Pennsylvania Avenue NW, Suite 825 South, Washington, DC 20004
600 Travis Street, Houston, TX 77002
3003 Lynridge Drive, Austin, TX 78723
1300 Mt Kemble Ave, PO Box 2075, Morristown, NJ 07960
1901 6th Avenue North, Suite 1700, Birmingham, AL 35203
1801 Page Mill Rd, Palo Alto, CA 94304
7755 Center Avenue, Suite 1100, Huntington Beach, CA 92647
One Marina Park Drive, Suite 1530, Boston, MA 02210
500 W 5th St, Suite 1205, Austin, TX 78701
4590 Harrison Blvd, Suite 200C, Ogden, UT 84403
Fort Defiance Federal Tax Fraud Information
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What Constitutes Tax Fraud?
Tax fraud involves the willful failure to pay taxes. According to the Internal Revenue Service (IRS), tax fraud is an intentional wrongdoing by the taxpayer, with the intent to evade paying taxes owed through misrepresentation of material facts. Tax fraud requires an intent to commit fraud or evade tax payment. Making a mistake on your tax forms or filing your taxes late are generally not considered fraud.
There are many ways a taxpayer can commit tax fraud. Common types of tax fraud may involve:
- Failure to report income
- Failure to file a tax return
- Filing a false return
- Assisting others in committing tax fraud
- Failure to pay employment taxes
- Fraudulent accounting to avoid taxes
- Overstating deductions
- Hiding money in offshore accounts
- Making fraudulent deductions
How Does the IRS Investigate Tax Fraud?
The IRS has a Criminal Investigation Division to conduct criminal investigations for tax fraud. There are several ways the IRS can be alerted to possible fraud. Tax fraud can show up when investigators are looking into other federal crimes, like money laundering or wire fraud. Fraud can be identified through computer algorithms that look for signs of potential fraud and notify tax officials to look more closely at the taxpayer and their return. Auditors and revenue collectors may also report suspected criminal fraud.
The IRS also has a whistleblower office to take reports from the public, including employees, co-workers, neighbors, or even family members who report suspected tax fraud. The whistleblower program provides an award for between 15% and 30% of the total proceeds recovered by the IRS.
When the IRS opens a criminal investigation, they may review financial records, conduct surveillance, take out search warrants, and subpoena records from financial institutions to gather evidence. If there’s enough evidence to support criminal charges, the Department of Justice or the United States Attorney may take the case to trial.
What Is the Punishment for Tax Fraud?
Tax fraud is a criminal offense. Most tax fraud offenses are treated as felonies. For example, tax evasion under IRC § 7201 is a felony, with penalties including up to $100,000 in fines (up to $500,000 in fines for corporations) and a jail sentence of up to 5 years. Other felony tax fraud charges that can include federal prison time involve:
- Felony failure to collect or pay over tax
- Felony failure to report certain cash transactions
- Felony filing false tax returns
A tax fraud conviction can also result in fines, paying the legal costs for the government, and restitution.
How Much Will I Owe for Tax Fraud?
Tax fraud can result in criminal penalties and civil penalties. Penalties for a civil offense generally include fines, fees, or money damages. Under the U.S. Code, the IRS can impose a fraud penalty of 75% of the portion of the fraud underpayment added to the tax. For example, if a taxpayer fraudulently underpaid $40,000 in taxes, the IRS could add an additional $30,000 fraud penalty, for a total of $70,000 owed.
How Far Back Can the IRS Go In Tax Fraud?
The IRS generally does not go back more than 3 years to audit federal tax returns. If there is a substantial error, the IRS may be able to go back 6 years. However, there is no time limit in cases of tax fraud. If the IRS identifies fraud in the tax filings of a 30-year-old corporation, the IRS could go back 30 years to collect fraudulent underpayments and any additional penalties.
When Should I Hire a Tax Fraud Attorney?
The time to think about hiring a tax fraud attorney is when you learn about a possible IRS criminal investigation. You may not want to wait until fraud charges are filed. Having a tax attorney represent you during the investigation may be able to help you avoid saying the wrong thing that could end up being used against you.
Can a Tax Attorney Negotiate With the IRS?
There are several ways a tax attorney can help you in a tax fraud case. Even before the case goes to trial, your criminal defense attorney can negotiate with the IRS. Your attorney may be able to negotiate an agreement to pay a set amount of taxes on a payment plan and avoid criminal charges. A tax lawyer may also be able to negotiate to reduce the charges, accept a lesser offense, and avoid jail time.
If you do not want to take a plea agreement, you can still take your case to court. There may be strong legal defenses in your case, to help you avoid a criminal conviction. The prosecutor has the burden of proving every element of the federal offense, beyond a reasonable doubt. If your tax lawyer can introduce a little bit of doubt into the minds of the jurors, you should not be found guilty. Possible defenses to tax fraud charges may include:
- Defendant had a good faith belief that they filed correctly
- Tax errors were committed by mistake or clerical error
- Defendant had no intent to defraud the government
- Evidence was collected through an unlawful search in violation of the defendant’s constitutional rights