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Mar 30, 2018

South Dakota Tax Fraud Lawyers

In most tax audits done by the IRS, the agency is only interested in collecting taxes owed, interest, and with penalties. The IRS can impose a negligence penalty, along with a late filing penalty, and charge interest on all of the above. In a tax audit, in case the IRS suspect you’ve committed tax fraud, they can impose a civil tax fraud penalty. This penalty is typically equal to 75% of the tax you owe, plus interest on the penalty.

Depending on the degree of fraud involved, the IRS auditor may ask a tax fraud specialist to check over your case and see if it should be sent for criminal prosecution. Typically, this specialist has expertise and will seek guidance of the IRS’ tax fraud lawyer for help if it appears necessary.

The penalties for tax fraud are serious. You could get up to 5 years in jail, plus fines of $500,000, in addition to the expense of prosecution for each tax crime. Once the criminal tax case is completed by the IRS criminal unit, it will be referred back to the IRS Examination Division in which the taxes are assessed. The IRS can add the civil tax fraud penalty on top of the criminal tax fraud penalties. It’s important to understand that tax statements from civil or criminal tax fraud can’t be discharged through bankruptcy. The civil fraud penalty is dischargeable in a Chapter 7 bankruptcy.

Tax fraud is defined as intentional wrongdoing. To be accused of tax fraud, you must have an intentional violation. Mere carelessness is not tax fraud. The IRS looks for certain things when evaluating whether fraud occurred, such as: understatement of income, inadequate records, failure to file, concealing assets, dealing in cash, failure to make estimated cash payments, failure to cooperate with government, failure to make payments.

If you have one of these issues and are audited by the IRS, you may need a tax fraud lawyer. Actions you take during a tax audit can transform the usual tax audit into a tax fraud case. For example, lying or giving false answers to IRS investigators, delaying the analysis, or other actions to mislead IRS agents can indicate fraud.

Experienced tax fraud lawyers can help you navigate an IRS tax audit, and help you formulate a plan.

Is Tax Fraud a crime?

Tax fraud is a common charge which can result from genuine mistakes in reporting tax information to the IRS. Tax offenses are a few of the most ordinary white collar offenses, which impacts business professionals and average Americans. Underreporting income, failing to file taxes, or overstating deductions are grounds for audits. If the IRS finds cause further prosecute after someone falsifies their tax report – then the IRS will deeply explore.

Do you need an attorney for a tax fraud case?
Criminal charges brought up by the IRS are a serious matter and should be addressed swiftly and appropriately. One of the most common criminal charges by the IRS is tax fraud, which, due to its complex nature and life-altering repercussions, should always be handled with the assistance of legal counsel. Tax fraud is usually the result of the IRS determining that an attempt was made to circumvent or bypass taxes that were imposed by federal law, and if such is believed to be true, there could be heavy penalties, including fines or a prison sentence. Tax fraud cases have a very high prosecution rate, and because of this, the attorney is most likely attempting to diminish the charges, making it so that a conviction that could require prison time, is diminished and replaced with a fine. In order to do so, your attorney will generally attempt to prove that the tax violation was the result of erroneous oversight or negligence, as the tax code is very complex, and often time, this could easily be the case. It is important to rely on the knowledge of your hired attorney, never speaking to an IRS agent without them present, as any information disclosed without the presence of counsel, can be used against you at a later time. Just as the IRS has implemented an investigation in order to charge you with tax fraud, your hired attorney will also implement an investigation in order to discover the nature of the initial allegations, using this information to formulate the proper strategy for your defense. When hiring a lawyer, there is also the advantage of the attorney-client privilege, which allows you to disclose any of the details regarding your case without fearing that your counsel will be called to testify against you.

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New York, NY 10005

Queens

35-37 36th St,
Astoria, NY 11106

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

888-977-6335

Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335