When a person in New York engages in systematic and willful actions that cause them to avoid paying taxes, this could be considered a form of tax evasion. This crime could also result from providing a tax agency with falsified documents in an effort to avoid reporting taxable income. Some financial experts suggest millions of taxable dollars are unreported by individuals in New York. This could be the result of income that does not provide a paper trail that making it not possible to be discovered by a taxing agency and more.
Identifying Tax Fraud
Tax fraud could be committed by individuals, business as well as tax preparers. This could take the form of a person failing to file a tax return. They could file a tax return but fail to report all their income. This happens when taxes that have been assessed but are not paid. Tax evasion could also result from untaxed liquor, cigarettes, motor fuel and other items being sold and no tax being collected.
People who are charged with tax evasion could be found guilty of having committed a serious crime. The state of New York has laws concerning tax evasion that are similar to such laws in other states. A person can only be prosecuted in New York if a prosecutor has evidence the action of tax evasion was done with intent. Their action cannot be the result of an honest mistake or an opinion.
The type of sentence a court may give a person found guilty of tax evasion will be determined by numerous external factors. This will include the amount of tax avoided, the number of people involved as well as proven intent and more. These factors will influence sentencing as well as the amount of interest charged on taxes owed and time spent evading taxes. Once a person in New York is convicted of tax evasion, the focus will be obtaining the money involved. It can also result in court forcing a person to pay penalties of up to $100,00 or more. A person could also be incarcerated for up to five years.
Tax Fraud Categories
*Willfully and Knowingly Filing a False Tax Return or Supplying False Information. This occurs when a person intentionally provides false information on their tax return as well as supporting documents. This also involves omitting material information, files and documents.
*Willful Participation in a scheme to defraud the state of New York. This occurs when a person organizes a system for hiding revenue from the taxing authorities. This could involve getting tax free goods and not selling them using traditional methods. It could also involve having a system for not reporting actual income.
*Willfully not remitting collected taxes to the state. A business will collect withholding taxes from its employees as well as sales taxes from its customers. When a business misappropriates this tax revenue; a business owner could be subject to prosecution. It some cases; it could be prosecuted as a felony.
*Intentionally and willfully evading paying taxes. This occurs when accurate income tax returns or sales tax information is filed, but a person or business does not pay the required tax.
*Issuing false exemption certificates. Tax evasion occurs when false documents capable of eliminating a claim of tax such as a resale certificate, inter-distributor sales certificate and more are issued by a company.
There is some key legal defense a New York attorney can utilize to protect their client.
*Insufficient Evidence: It may be possible to demonstrate to a court the proof provided is not enough to show a person intentionally did not pay the correct amount of tax. If a person is ill during tax filing time and then forgets to file, this may not be considered tax evasion.
*Lack of Intent: There are things a legal professional can do to show that illustrates their client had no intent to avoid paying their taxes or the correct amount of taxes. It is very easy for a person to be confused by a taxing authority’s regulations. They could innocently provide the wrong information or pay the wrong amount of tax for a period of time. A client may not be aware they are doing anything wrong.
*Taxing Authority Mistakes: It is possible in some cases for the taxing authority to be the one who has made a mistake. There have been situations where they have gone after the wrong person with a name similar to someone who has actually evaded paying taxes. The taxing authority may not have realized the right documents were filed, and the right amount of tax was paid.
*Statute of Limitations
This is a law that makes it not possible for people to be prosecuted for a crime committed after a specified number of years have passed. In the state of New York, the statute of limitations for tax evasion is the same as for a non- federal offense. It is currently five years. This means a person will not be able to be prosecuted for tax evasion five years after it was alleged to have occurred.
When a person or business in New York is accused of tax evasion, it is a complicated situation. There could be accounting issues to deal with as well as legal issues. This is the time a person should speak with a legal professional. They will have experience and knowledge with successfully handling complicated tax cases for their clients.
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