Miami Tax Fraud Lawyer

Federal Tax Evasion Law

The elements of tax evasion are enumerated in 26 U.S.C. § 7201. The statute provides that a person commits an offense when they willfully evade tax assessment or tax payments.

Evading tax assessment means that someone voluntarily or intentionally took some action that resulted in a lower tax obligation being applied.

Types of conduct constituting tax evasion include, but are not limited to:

• Omitting income on a tax return
• Claiming false deductions
• Maintaining multiple sets of books
• Destroying transaction records

Evading tax payments means that a person has a certain amount of tax due, but they falsely claim that they cannot satisfy it because they lack the funds.

Examples of activities constituting evasion of a tax assessment include, but are not limited to:

• Keeping bank accounts in others’ names
• Making only cash transactions
• Concealing property or other assets
• Engaging in bankruptcy fraud

Note that tax evasion is not the same as tax avoidance. As mentioned earlier, the former occurs when a person uses illegal means to evade their tax obligations. In contrast, the latter is committed when someone uses legal methods outlined in the Tax Code, such as taking all applicable deductions. Thus, engaging in tax evasion may result in criminal charges, whereas engaging in tax avoidance will not.

If the accused is convicted of tax evasion, they can be penalized as follows:

• Up to 5 years of imprisonment and/or
• Up to $100,000 in fines (for an individual) or up to $500,000 in fines (for a corporation)

I understand that U.S. tax laws can be confusing, and sometimes charges can arise when a person did not mean to commit an offense. Whatever your situation, I will aggressively defend you.

Failing To File A Tax Return Law

Another type of tax fraud a person can be charged with is failing to file a tax return. The law requires that individuals timely submit a statement of their income, expenses, and deductions. If a person does not, and their conduct is willful, they may be prosecuted under 26 U.S.C. § 7203.

A conviction for this offense can result in:

• Up to 1 year of imprisonment and/or
• Up to $25,000 in fines

If you have been accused of intentionally not filing a return, speak with a Miami tax fraud lawyer immediately. I will discuss your legal options and defenses that may be raised to cast doubt on the prosecutor’s case.