Top Elmwood Park, NJ Federal Tax Fraud Lawyers Near You
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One River Centre, 331 Newman Springs Rd, Bld 1, St. 136, Red Bank, NJ 07701
125 Half Mile Road, Suite 300, Red Bank, NJ 07701
PO Box 914, Denville, NJ 07834
One Lowenstein Drive, Roseland, NJ 07068
56 Headquarters Plaza, West Tower, Fifth Floor, Morristown, NJ 07960
101 Eisenhower Pkwy, Roseland, NJ 07068
One Parker Plaza, 400 Kelby Street, Suite 1700, Fort Lee, NJ 07024
61 South Paramus Road, Suite 250, Paramus, NJ 07652
325 Columbia Turnpike, Suite 301, Florham Park, NJ 07932
Court Plaza North, 25 Main Street, Hackensack, NJ 07601
21 Main St, Court Plaza South, Suite 305, Hackensack, NJ 07601
201 Littleton Road, PO Box 513, Morris Plains, NJ 07950
365 Rifle Camp Rd, Woodland Park, NJ 07424
67 E Park Place, Suite 900, Morristown, NJ 07960
One Newark Center, 10th Floor, Newark, NJ 07102
15 Engle Street, Suite 100, Englewood, NJ 07631
24 Bergen St, Suite 200, Hackensack, NJ 07601
550 Broad Street, Suite 810, Newark, NJ 07102
One Gateway Center, 25th Floor, Newark, NJ 07102
549 Summit Avenue, Jersey City, NJ 07306
177 Madision Avenue, Morristown, NJ 07960
1086 Teaneck Road, Suite 3A, Teaneck, NJ 07666
51 John F. Kennedy Parkway, First Floor West, Short Hills, NJ 07078-2713
1075 Easton Avenue, Tower 2, Suite 2, Somerset, NJ 08873
1085 Raymond Blvd, One Newark Center, 21st Floor, Newark, NJ 07102
Elmwood Park Federal Tax Fraud Information
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State Required Disclosure: No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
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