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Federal tax crimes are white collar offenses, and there are many different types of tax crimes charges that a person can face. While tax evasion is a commonly known federal tax offense, there are numerous other tax crimes for which a person can face charges under federal law. Our Dallas white collar criminal defense lawyers want to give you more information about some of the various types of offenses that can be charged.
Tax Evasion
Tax evasion is one of the most commonly charged tax crimes, and one of the offenses that is most commonly known by the public. Under federal law, tax evasion is defined as follows: “Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.”
In general, there are two different types of tax evasion offenses: willful attempt to evade the assessment of a tax, and willful attempt to evade the payment of a tax.
Failure to File a Tax Return
Failure to pay a tax and failure to file a tax return are two separate offenses under federal law. Depending upon the circumstances, a person will often face charges for both if a person fails to file a return and fails to pay the tax associated with that return.
Fraudulent Withholding
Fraudulent withholding charges can occur when a person is required to provide information concerning withholding to an employer for tax persona and that person willfully provides false or fraudulent information, or willfully fails to provide information that would result in an increase in tax withholding.
Aiding or Assisting the Preparation of a False or Fraudulent Documents
You can face tax-related federal charges if you “aided or assisted in, or procured, counseled, or advised the preparation or presentation of a return, affidavit, claim, or other document which involved a matter arising under the Internal Revenue laws.” In short, if you help another person to file a false or fraudulent return, or to provide false or fraudulent information, you can face federal charges.
Fraudulent Returns
Filing fraudulent tax returns is a serious offense, and it can result in a fine of up to $10,000 (or up to $50,000 for a corporation), imprisonment for up to 1 year, or both. Like other federal tax crimes, willfulness, or knowledge that the return is fraudulent or contains fraudulent information, is a necessary element of the offense.
Seek Advice from a Federal Tax Crimes Defense Lawyer in Dallas
If you are facing any type of criminal charges for a tax-related offense, one of our experienced federal white collar criminal defense attorneys in Dallas can speak with you today about your case. Do not hesitate to get in touch with our firm to learn more about defending against federal tax crime charges in Texas. Contact the Law Office of Patrick J. McLain, PLLC for more information.