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Last Updated on: 15th October 2023, 09:39 am
Dealing with tax fraud charges can be an incredibly stressful and frightening experience. The legal system is complex, and the penalties for conviction are severe. For people facing criminal tax fraud accusations in Buffalo, having an experienced tax fraud defense attorney can make all the difference.
In this article, we’ll take an in-depth look at tax fraud issues specific to Buffalo. We’ll cover common criminal tax violations, penalties, and defenses. We’ll also provide tips on finding the right tax fraud lawyer in Buffalo.
Tax evasion refers to illegally avoiding paying taxes by underreporting income, inflating deductions, hiding money offshore, and other schemes. It often involves affirmative acts of fraud and deception. Under federal law, tax evasion carries up to 5 years in prison and a $250,000 fine. New York state penalties can include additional fines and up to 4 years imprisonment.
In recent years, Buffalo tax attorneys have defended clients against tax evasion charges for actions like:
Even if the dollar amounts involved are relatively small, prosecutors often pursue tax evasion charges to “make an example” of people. The government wants to deter others from cheating on taxes. This means Buffalo tax fraud lawyers must build strong defenses even when the tax loss to the government is minor.
The penalties for tax evasion convictions can be severe. As mentioned above, maximum federal penalties under 26 U.S. Code § 7201 include 5 years in prison and a $250,000 fine. The fine can be increased to $500,000 for corporations or $100,000 for individuals for offenses involving foreign financial accounts.
Under New York Penal Law § 180.15, state penalties include up to 4 years imprisonment and fines up to $10,000 or double the amount evaded, whichever is greater. Prosecutors can pursue federal and state charges at the same time.
In addition to criminal penalties, those convicted of tax evasion face civil fines up to 75% of the unpaid tax plus interest and repayment of taxes owed. The IRS will file tax liens and levy assets to recover unpaid taxes.
Skilled Buffalo tax fraud attorneys deploy a range of defenses to fight tax evasion charges, such as:
An experienced tax fraud lawyer will thoroughly examine the facts of your case to determine the best defenses.
In addition to willful tax evasion, Buffalo tax attorneys commonly defend clients against other federal and New York tax crime accusations, such as:
It’s a felony under federal law to willfully fail to file returns, punishable by up to 1 year in prison and fines. Even if it’s not willful, failing to file is a misdemeanor. Defenses focus on showing no intent or reasonable cause for failure to file.
Intentionally filing a false tax return is a felony under 26 U.S. Code § 7206. It carries up to 3 years imprisonment and a $250,000 fine. As with tax evasion, prosecutors must prove intent to defraud.
Trust fund recovery penalties, failure to pay payroll taxes, worker misclassification, and other employment tax issues can also lead to criminal charges. Buffalo tax attorneys assist with negotiating resolutions or contesting the allegations in court.
Using a stolen Social Security number or taxpayer ID to file tax returns and claim fraudulent refunds is charged under identity theft statutes. These carry potentially lengthy prison sentences requiring an aggressive defense.
Facing criminal tax charges is frightening. Your liberty, finances, and reputation are on the line. Therefore, it’s critical to have an experienced Buffalo tax fraud lawyer fighting for you.
When researching tax attorneys, look for these important qualifications:
Also, make sure any lawyer you consider has substantial experience specifically with criminal tax defense. Many tax attorneys handle only civil tax controversies and audits, not criminal matters. It’s essential to have a lawyer knowledgeable in dealing with prosecutors and fighting tax crime indictments.
The tax fraud attorneys at [Law Firm Name] combine deep tax law expertise with a proven record of favorable outcomes for clients facing tax evasion and other tax crime charges in Buffalo. Contact us today for a free consultation to discuss your case.
Learning you’re under investigation for tax fraud is unnerving. However, taking quick action can help protect your rights. Here are important steps to take:
With an experienced Buffalo tax crime lawyer guiding you, you can effectively exercise your rights and build the strongest possible defense.
If you’re under investigation or have been charged with tax evasion, filing a false return, or other tax crimes, we can help. Our skilled Buffalo tax fraud attorneys will thoroughly evaluate the government’s evidence, identify weaknesses, and build the strongest possible defense for trial. We have an excellent track record of achieving favorable outcomes for clients facing tax crime accusations.[Contact information for your law firm.] Contact us today to schedule a free, confidential case evaluation. Let our experienced Buffalo tax crime lawyers help you navigate this challenging situation.
If contacted by IRS criminal investigators or informed you’re under investigation, politely decline to answer questions and immediately contact an experienced Buffalo tax fraud lawyer. Follow their advice about responding to subpoenas and document requests. Begin gathering financial records and communications with tax preparers that may aid your defense.
Failing to report cash business income, hiding money in offshore accounts, improperly deducting personal expenses, and using client trust accounts to conceal income are some tax evasion methods we’ve seen prosecuted in Buffalo. Any intentional acts to illegally avoid paying taxes can lead to charges.
Seek an attorney with extensive experience specifically defending tax crime cases, not just civil tax disputes. They should have deep knowledge of federal and New York tax laws, be willing to take cases to trial if warranted, and have a proven record of positive outcomes for clients.
Maximum federal penalties are 5 years imprisonment and a $250,000 fine. New York state penalties can add up to 4 more years and additional fines. Prosecutors often pursue both federal and state charges for tax evasion. Civil fines and repayment of taxes owed are additional penalties.
In some cases, an experienced tax fraud lawyer can negotiate alternatives to incarceration like probation, home confinement, or reduced charges. But there are no guarantees. The best way to avoid jail is having an aggressive defense ready for trial.
This is an important strategic decision that requires careful consideration of the evidence and potential penalties. An experienced Buffalo tax attorney will help analyze your options and recommend the best course of action.
Generally, federal tax charges must be brought within 6 years of the alleged crime, though exceptions can extend the statute of limitations. New York’s statute is 6 years for felonies and 2 years for misdemeanors. Relying on the statute of limitations is a common defense strategy.
In some cases, it may be possible to reach a civil settlement with the IRS instead of facing criminal prosecution. An experienced tax fraud attorney can advise you on whether civil resolution is an option and negotiate with the IRS on your behalf.
No. Tax crimes carry severe penalties, so mounting the strongest possible defense is critical. An experienced tax fraud lawyer knows how to identify weaknesses in the government’s case, build defenses, negotiate when beneficial, and take your case to trial if needed.
Do not panic. Even after conviction, all legal options are not necessarily exhausted. Your Buffalo tax fraud attorney can advise you on post-conviction motions, appeals, sentence reductions, and other strategies to help mitigate penalties. Be sure to discuss all possible options.
Simply owing back taxes is not a criminal offense. But intentionally evading taxes through fraud or deception can lead to prosecution. If you’re behind on taxes, consulting a tax attorney on setting up a payment plan or other resolution is recommended.
Federal prosecutors must prove each element of tax evasion or fraud charges beyond a reasonable doubt. This high standard is to your advantage. Your lawyer can exploit any weaknesses in the government’s case to show reasonable doubt.
Get experienced legal help fighting back. The skilled tax fraud attorneys at [Law Firm Name] have decades of experience successfully defending clients against tax evasion, filing false returns, employment tax, and other criminal tax charges in Buffalo. We have an in-depth understanding of federal and New York tax laws and have achieved many favorable case results for our clients facing IRS prosecution.
If you are being investigated or have been indicted for tax crimes, contact us for a free consultation. We will thoroughly review your case, identify weaknesses in the government’s evidence, and build the strongest possible defense. Our aggressive representation has resulted in reduced charges, avoided jail time, and dismissal of tax fraud accusations for many of our past clients.
Don’t leave your fate to chance. The tax crime defense lawyers at [Law Firm Name] have the skills and experience to protect your rights. Call us at [phone number] or contact us online to schedule a free, confidential case assessment.
For tax evasion, filing a false return, and other tax crimes, prosecutors must prove you acted with criminal intent – in other words, that you knew your actions were illegal but proceeded anyway. Absent direct evidence of intent, the government often tries to show it circumstantially. But an experienced Buffalo tax fraud attorney can frequently defeat charges by preventing the prosecution from proving intent beyond a reasonable doubt.
Although maximum penalties allow multi-year prison sentences, our skilled lawyers have frequently negotiated alternatives to incarceration like probation, home confinement, or reduced charges that avoid jail time. While there are no guarantees, an aggressive defense makes avoiding prison more likely.
Never speak with IRS criminal investigators without your lawyer present. Anything you say can and will be used against you. Let your experienced tax fraud attorney handle all interactions with investigators on your behalf.
For more information on defending tax charges in Buffalo, contact our skilled tax crime lawyers online or call [phone number] to schedule your free case evaluation.
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