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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

NY Sales Tax Fraud Lawyers

Sales Tax Fraud Lawyers

Sales tax fraud charges mean a business owner or other entrepreneur has landed into tremendous legal trouble. Sales tax fraud often entails shortening state and other local tax authorities of money owed. Customers, often overlooked, are not treated fairly when blatant sales tax fraud occurs. The customers pay a tax the proprietor is supposed to remit. Yet, the tax fails to be remitted to the proper authorities.

Sales tax fraud remains a serious violation of the tax code. A local government may be highly reliant on sales tax to pay for debt and other general operating expenses. Being shorted for the money isn’t something the government entities consider minor or something to overlook. The City of New York absolutely takes sales tax fraud seriously. NYC’s government maintains an online tip site for the purpose of soliciting information about those who aren’t reporting accurate sales tax figures.

When sales tax fraud is discovered, criminal charges may be sought to address the matter. A person charged with sales tax fraud should contact a criminal defense attorney capable of devising a defense strategy. Yes, sales tax fraud – along with other forms of tax fraud – can be charged as a crime.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Defining Fraud

The ways in which a business owner or other merchant fails to pay sales tax can vary. The common element is sales tax was not paid and the failure to pay involves a fraudulent act. Under the law, fraud refers to intentionally using deception to cause a loss. Filing false sales tax documents with the state could be constituted as fraud. A local government becomes fraudulently deprived of tax revenue based on the presentation of purposefully inaccurate forms.

Instances of Sales Tax Fraud

Probably the most blatant example of sales tax fraud would be the collection of the tax and then choosing not to turn the money in. Audits of a business’s books could uncover such actions in clear detail. The most blatant of examples regarding how sales tax fraud occurs is not the only means in which it happens. Not reporting all sales and revenues and keeping two different accounting logs for the purpose of paying less income tax not only opens the door to sales tax fraud charges but also to possible tax evasion. Potentially, additional legal jeopardies may arise.

The Penalties for Sales Tax Fraud

The failure to collect sales tax, files tax documents with materially false information, or violates the tax code in any number of ways may be charged with tax fraud. New York state statutes distinctly note that persons guilty of sales tax fraud could face time in jail and civil penalties.

Not paying sales tax for multiple years could lead to multiple charges of tax fraud. Criminal tax fraud could be charged as a misdemeanor or a felony depending on the seriousness of the offense. Penalties increase with more egregious levels of tax fraud. A person who commits sales tax fraud for several years may be looking at multiple counts of tax fraud charges.

Considering the serious nature of sales tax fraud, retaining a criminal defense attorney becomes necessary. The attorney should be someone with significant sales tax fraud defense experience.

Do I Need an Attorney if Charged With Tax Fraud?

Tax fraud is when an individual or business knowingly and purposefully falsifies tax return information to reduce the amount of tax liability. An individual who is guilty of tax fraud will intentionally lie on a tax return to prevent paying the full tax obligation.Although mistakes filing taxes can lead to individuals not paying the full tax obligation he or she owes, these circumstances are not considered tax fraud. To be convicted of tax fraud, the Internal Revenue Service (IRS) must prove an individual intentionally attempted to underpay his or her taxes or tried to hide any taxable assets.

What are Examples of Tax Fraud?
Tax fraud involves a purposeful wrongdoing. If an individual is careless or negligent, which caused tax errors, he or she will not be convicted of tax fraud. The IRS typically conducts an investigation to see if a crime has been committed. The IRS considers some of these examples as tax fraud:

  • Failure to make required tax payments
  • Providing inadequate records
  • Failure to file tax returns
    Dealing in cash to avoid being taxed
  • Engaging in illegal tax activities and fraud
  • Inconsistent explanations of tax records
  • Intentional understatements of income
  • Failure to cooperate with tax authorities
  • Concealment of taxable assets

Furthermore, those accused of lying, concealing, or delaying an investigation, which are made to mislead the IRS in an investigation, is also a against the law.

What are Defenses to Fight a Tax Fraud Charge?
There are several tax fraud defenses that can be used, which may include:

Insufficient Evidence
To be convicted of tax fraud, a prosecutor must prove beyond a reasonable doubt an individual knowingly had intentions not to pay his or her taxes. If an individual can prove that his or her failure to file a tax return was because they forgot, it may be sufficient for a dismissal.

Statue of Limitations
There is a time limit (statute of limitations) for an individual to be charged with tax fraud. If the IRS doesn’t file a tax fraud lawsuit before the time limit, an individual can’t be charged with tax fraud. The general statue of limitations for this offense is six years of when the alleged tax fraud occurred.

What are the Penalties for Tax Fraud?
If an individual is convicted of tax fraud, he or she could face the following penalties:
If an individual violates a federal tax law, it can result in significant fines. A tax fraud conviction fine can be $250,000 for individuals and $500,000 for companies.

A tax fraud conviction can result in a prison term up to five years. However, this sentence can be enhanced if an individual was charged with multiple counts or it was a repeated offense.

Those convicted of tax fraud can lead to court orders that require an individual pay for restitution.

An individual convicted of tax fraud can result in probation, which usually last one to three years.

Should an Individual Consult an Attorney?
Tax fraud is a serious offense. Those who have been charged with tax fraud should contact a defense attorney immediately. For an individual to be convicted of tax fraud, the prosecution has to prove beyond a reasonable doubt he or she knowingly committed the offense. A knowledgable defense attorney can protect an indiviudal’s rights and examine evidence to build a strong defense.

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