Finance and Law

The Sins of the Past: Can You Face Criminal Charges for Tax Evasion?

<p style&equals;"text-align&colon; justify&semi;">With all the tax laws&comma; forms to fill out&comma; and receipts to keep&comma; signing <a href&equals;"https&colon;&sol;&sol;newsforpublic&period;com&sol;business-tax-id-number-irs-ein&sol;">tax forms<&sol;a> always causes a bit of fear that tax documents could send a filer to jail if they are not filled out properly&period; But&comma; should it intimidate us when that April 15th deadline approaches&quest; Not if you know the facts about tax evasion and how you can prevent being charged with the crime&period;<&sol;p>&NewLine;<h2>Definition<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">To be clear&comma; <a href&equals;"https&colon;&sol;&sol;www&period;investopedia&period;com&sol;terms&sol;t&sol;taxevasion&period;asp" target&equals;"&lowbar;blank" rel&equals;"noopener">tax evasion<&sol;a> is not simply owing back taxes&period; In fact&comma; the IRS would rather you file your taxes and not pay the full amount&comma; thus owing back taxes&comma; than to fail to file your taxes altogether&period; Tax evasion is&comma; however&comma; deliberately not paying taxes at all or underpaying taxes&period; Tax evasion can come in two types&colon; evasion of assessment and evasion of payment&period;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>Evasion of assessment involves transferring assets to keep the IRS from finding out your true assets &lpar;e&period;g&period; reporting less than you actually have&rpar;<&sol;li>&NewLine;<li>Evasion of payment includes hiding assets after the tax becomes due &lpar;e&period;g&period; hiding money in a foreign bank account or a family member&&num;8217&semi;s bank account&rpar;<&sol;li>&NewLine;<&sol;ul>&NewLine;<h2>Being Convicted<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Tax evasion is a felony&comma; whether on a small or large scale&period; However&comma; in order to be convicted of tax evasion&comma; the prosecuting attorney must prove all three basic elements&comma; which are the same for both evasion of assessment and evasion of payment&period;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>Proof the defendant intentionally did something to avoid taxes<&sol;li>&NewLine;<li>Proof that taxes are owed<&sol;li>&NewLine;<li>Proof the defendant intentionally and willfully violated tax payment<&sol;li>&NewLine;<&sol;ul>&NewLine;<h2>Penalties and Consequences<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Depending on the facts of the case and the nature of the felony&comma; there are a variety of penalties a person can face if charged with tax evasion&period; The maximum penalty is five years in prison&comma; &dollar;250&comma;000 in fines&comma; plus the total taxes owed&period; One could also be sentenced to one year in prison and &dollar;100&comma;000 for each year not filed&period; Regardless&comma; the penalty for not filing taxes is much greater than filing taxes and not paying the full amount&comma; but many people are afraid to pay taxes if all the money cannot be paid at once&period; When this happens&comma; seeking the help of a <a href&equals;"https&colon;&sol;&sol;www&period;alexhernandezcriminallaw&period;com" target&equals;"&lowbar;blank" rel&equals;"noopener">Corpus Christi Criminal Law Attorney<&sol;a> is highly recommended&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Many filers think of the number of years in prison and the fines as the punishment for tax evasion&comma; but there are many residual consequences to take into consideration&period; If the taxpayer is unable to pay the penalty amount out of pocket&comma; they will forfeit Social Security benefits&comma; face a tax lien on any property&comma; lose both money and property assets&comma; and face credit damage until all taxes and penalty amounts are paid&period;<&sol;p>&NewLine;<h2>Prevention<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Aside from the obvious advice of not deliberately cheating on your taxes&comma; there are a few other things to keep in mind&period;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>Always file your taxes&comma; even if you know you can&&num;8217&semi;t pay it all&period;<&sol;li>&NewLine;<li>Keep accurate records&period; When it doubt as to whether to keep something or not&comma; keep it&period;<&sol;li>&NewLine;<li>The IRS is there to help&comma; so don&&num;8217&semi;t be afraid to contact them for advice&period;<&sol;li>&NewLine;<li>Know your tax preparer&period; There are many folks out there that will try to scam you&period;<&sol;li>&NewLine;<&sol;ul>&NewLine;<p style&equals;"text-align&colon; justify&semi;"><strong>Conclusion<&sol;strong><&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Tax evasion is a big deal and is a felony offense with serious penalties and consequences&period; While most of us despise paying taxes&comma; it is necessary to help the country run the best that it can&period; Just make sure you are as honest as you can be when reporting and don&&num;8217&semi;t try to pull anything over on our government&period; It&&num;8217&semi;s just not worth having tax evasion on your record&period;<&sol;p>&NewLine;

Hardik Patel

Hardik Patel is a Digital Marketing Consultant and professional Blogger. He has 16+ years experience in SEO, SMO, SEM, Online reputation management, Affiliated Marketing and Content Marketing.

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