New York Civil Rights And Criminal Defense Lawyers

What to know about tax evasion charges

On Behalf of | Saturday Feb 19, 2022 | Criminal Defense

Tax evasion is a white-collar crime with varying levels of punishment. According to New York Tax Law 1801, tax fraud occurs when an individual willfully engages in acts that avoid taxes.

If you face tax evasion charges, continue reading to learn more about what to expect in the trial and conviction process. Always consult with your attorney before making any decisions about your case.

Examples of tax fraud

Tax fraud acts might include fraudulent tax returns with inaccurate information, failure to file a tax return or simply refusing to pay taxes. Often a tax fraud charge contains several instances of tax evasion. However, one act of tax fraud is enough for a criminal conviction. The prosecutor must provide convincing evidence to the courts that you committed an act of tax evasion before any sentence of incarceration or probation.

Do the sums add up?

Criminal tax fraud below $3,000 constitutes fraud in the fifth degree. However, if you commit multiple evasions over the years, the prosecution may add the total of all your withholdings to create a more significant charge. To do this, the money you unlawfully withheld must come from the same scheme. In other words, if you commit tax fraud across multiple businesses, the prosecution may not be able to add the total amounts together. However, if you evade paying taxes from the same income over several years, New York Tax Fraud Law allows the prosecution to treat this as one sum.

Your best chance of reducing punishment for tax fraud is to hire an experienced attorney. Your legal defense cannot guarantee you anything, but you might improve your outcome if you prepare for the worst-case scenario.