Scrofano Law: Your Tax Fraud Attorney
If you have been charged with tax fraud, a tax fraud attorney from Scrofano Law PC can help in your case. Call us today for legal representation.
Tax Fraud Lawyer
Tax fraud is considered a serious crime. Individuals or businesses can commit several types of tax fraud. Even tax professionals can commit tax fraud.
Tax crimes can include:
Filing a false tax return
Filing false documents
Failure to pay taxes
Making an error in filing taxes can result in civil penalties, even if an error is committed unintentionally. However, if the Internal Revenue Service (IRS) believes a taxpayer intentionally failed to comply with tax laws, this individual can be accused of tax fraud. In other words, tax fraud is a willing attempt to avoid paying taxes or defraud the IRS.
Tax fraud can lead to harsh criminal penalties and high fines. If you or a loved one are accused of tax fraud, it is vital to understand the crime. If you want to know what happens when someone is suspected of tax fraud, a tax fraud attorney can help.
They can explain what qualifies for tax fraud or how hard it can be to prove it. They can also explain how the IRS proves tax evasion. Facing these charges can be stressful. Let experienced Scrofano Law P.C. attorneys assist you in navigating this legal process.
What Qualifies for Tax Fraud?
Tax investigations typically begin as a civil matter. Errors on tax returns trigger most audits.
In most tax audits, the IRS is only interested in collecting the taxes owed. They may also collect interest and impose a few penalties. For example, the IRS might impose a penalty for a late filing. Mere carelessness is typically not considered tax fraud.
Sometimes, a notice will be sent so the taxpayer can correct the wrong information. The IRS can still impose a civil tax fraud penalty in these cases. If, however, the IRS tax auditor suspects tax fraud, the case can be sent to the IRS Criminal Investigation unit.
The IRS focuses on specific issues when assigning criminal tax fraud cases. These include a notable income change and improper deductions used to evade tax payments. Other common examples of tax fraud can include:
A drastic change in deductions
Failure to file tax returns or cooperate with tax authorities
Engaging in illegal activities
Lying to IRS investigators can be considered an indication of tax fraud. A simple tax confusion and a lie said out of fear can quickly turn into a tax fraud case. Facing any of these problems can be scary. You may need to hire a fraud defense lawyer as soon as possible.
How Does the IRS Prove Tax Evasion?
There are several ways that the IRS can prove tax evasion. First, they can conduct an audit of the taxpayer’s returns. That way, they can uncover inconsistencies that suggest fraud. Second, the IRS can interview witnesses and obtain documents that help them build a case.
They can also analyze financial data and uncover hidden assets and income. In addition, someone else can report tax fraud, leading to an investigation by the IRS.
What Are the Penalties for Tax Fraud?
Paying less than you owe to the IRS violates federal law. Under 26 U.S. Code § 6663, the IRS can impose a civil fraud penalty if that occurred due to fraud. The penalty equals 75% of the tax owed plus interest on the penalty.
Under 26 USC Section 7201, it is a felony to intentionally evade or defeat tax. This offense is commonly referred to as tax evasion. If the prosecutor can prove intent, the court can sentence a taxpayer. A penalty can include a five-year prison sentence or fines of up to $100,000.
Penalties for making false statements on income tax returns are also harsh. They can include a prison sentence of up to three years and a fine of up to $100,000.
If you are under investigation for federal tax fraud, you may need the help of a federal defense attorney. If you are flagged for Paycheck Protection Program (PPP) fraud, you may face federal charges regarding your loan under the CARES Act. Contact an experienced loan fraud attorney as soon as possible. They can help resolve the issue without incurring federal charges.
How Can Tax Fraud Lawyers Help?
Proving tax fraud can be challenging. The IRS must show that the taxpayer willfully intended to commit fraud. That has to be proven beyond a reasonable doubt. The burden of proof is on the IRS; they must produce specific evidence to prove their case.
However, that doesn’t mean individuals can handle these charges alone. A skilled tax fraud attorney may be able to plant a seed of doubt. They can argue that the accused made an honest mistake. By using the facts of a particular case, they can claim that the individual didn’t willfully intend to defraud the government.
Under U.S. tax laws, all income has to be reported when filing an income tax return. If an individual has obtained money from illegal sources, they may be reluctant to report it. That would alert the federal government of their potential criminal activity. The government often brings tax fraud charges together with unrelated criminal activity charges.
Whatever charges you are facing, a tax fraud lawyer can offer invaluable advice. They will ensure you don’t volunteer any information to the investigators from the IRS. They won’t allow you to incriminate yourself. At the same time, they will be trying to craft the best possible defense.
Still Have Questions? Contact Scrofano Law
Tax fraud is a serious offense that can lead to significant penalties and fines. It can be challenging to prove tax fraud. But, the IRS has several tools to investigate and build a case. They also have several attorneys working for them. That means they will be prepared to offer all the documents possible against you to prove their case. Without the assistance of an attorney, you stand a greater chance of losing the case.
A simple chat with the IRS officials can be used against you. They can show that you either hid some information from the IRS or you had the intent to commit tax fraud. Such evidence is admissible in court.
Fortunately, if you are facing federal fraud charges of tax fraud, we can help you and help protect your rights. We can skillfully guide you through the legal process. With our experience, we can help you minimize the impact of tax fraud charges and aim to achieve the best possible outcome.
We can explain the charges you are facing and the potential penalties. Understanding how the criminal justice system works is essential. We will analyze your case in great detail and let you know what you can expect.
Schedule a free consultation with tax fraud attorneys at Scrofano Law today.
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