— tax fraud
MATTHEW PILLADO PLLC
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Convicted for tax EVASION?
Tax fraud or evasion is the illegal and intentional avoidance of paying mandatory Federal or State taxes.
- Evasion of Assessment – Affirmative act of filing a false tax return that omits income and/or claims deductions to which the taxpayer is not entitled.
- Evasion of Payment – This offense generally occurs after the existence of a tax due and owing has been established. It is not necessary for the IRS to make a formal assessment of taxes owed and demand payment for tax evasion charges to be brought.
— A federal tax evasion conviction for an individual may be punishable by a $250,000 fine and up to 5 years in prison.
— A federal tax evasion conviction for a business is punishable by up to $500,000 in fines.
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Lack of willfulness – A defendant’s good faith belief that (s)he is not violating the tax laws, no matter how objectively unreasonable that belief may be, is a defense in a tax prosecution.
Advice of a lawyer – If the defendant received advice from a tax lawyer, a CPA, or another qualified tax professional, and that advice resulted in an IRS investigation or criminal charges, the defendant may have a viable defense.
Statute of Limitations – There is a six (6) year limitation period for the offense of willfully attempting to evade or defeat any tax.
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