Every year, citizens of Staten Island are charged with tax fraud evasion. While some of these charges are legitimate, others are the result of mistakes and unfair targeting by tax divisions. Regardless of whether or not you’re being prosecuted fairly, an allegation of tax evasion fraud is something you need to take seriously.
Tax evasion fraud can be a felony on the federal level, and a serious crime on the New York state level. If you’ve had tax evasion fraud charges brought against you in Staten Island, it’s important to hire an experienced Staten Island tax evasion fraud lawyer.
What Does Tax Evasion Fraud Consist of in Staten Island?
In addition to tax evasion fraud on the federal level, Staten Island residents and businesses can also commit tax evasion fraud on the New York state level. New York state takes its tax laws seriously, and is willing to seriously prosecute those who do not abide by it. There are several ways that Staten Island residents and businesses can can commit tax evasion fraud in the state of New York. They are as follows:
- Purposely not filing a state tax return
- Purposely filing a false state tax return
- Purposely taking part in a plan to defraud the state of New York’s tax system
- Purposely not paying taxes to the state of New York
- Failing to collect appropriate sales or withholding tax
- Purposely taking false exemptions
Staten Island Tax Evasion Fraud Penalties
According to New York state laws, those who are found guilty of tax evasion fraud can be subjected to a minimum of 1 year in prison. At most, a person can face up to 5 years in prison for committing tax evasion fraud. In addition to prison time, offenders can also be forced to pay a fine of more than $100,000.00. Offenders will also usually be required to pay back any taxes which have not yet been paid.
Penalties for tax evasion fraud in Staten Island are usually based on the severity of the crime. This consists of the amount of money involved, the length of time taxes have been evaded, and a bevy of other factors.
Defenses Against Staten Island Tax Evasion Fraud
If the IRS or state of New York has informed you that they will be performing an audit on your taxes, the first thing you need to do is hire an experienced tax evasion fraud lawyer. There are many great tax evasion fraud lawyers in Staten Island, most of whom have handled cases like these before.
You don’t want to try to try and dispute a tax audit without the help of experienced legal counsel. Tax laws are some of the most complex laws in the books, and there’s little to no chance that you’ll be able to successfully argue them by yourself.
There are several different legal arguments that can be used against alleged tax evasion fraud. They include:
- Unsatisfactory Evidence – In some case, it is possible to show that tax auditors don’t have enough evidence to suggest that you’ve evaded tax payments. This is often true in cases where the amount of claimed income is uncertain.
- Intent – If you weren’t intentionally trying to commit tax fraud, you can often be found innocent of the alleged crime.
- Mistakes on the Park of the Auditors – The truth of the matter is that tax auditors make mistakes. There have been cases in which auditors audit taxpayers with similar names, accusing the wrong person in the process. In other cases, auditors make mathematical mistakes.
Types of Tax Evasion Fraud in Staten Island
In general, there are two different types of tax fraud present in both federal and state tax evasion fraud cases. They are as follows:
- Intentionally Not Paying Taxes – If a business or individual files accurate income tax information, but does not actually pay that amount to the state of New York or the IRS, that business or individual is committing tax evasion fraud. While not all individuals and businesses who do this are prosecuted, many often are.
- Taking Too Many Exemptions – Another form of tax evasion fraud happens when businesses or individuals claim too many exemptions. If a business or individual claims an exemption that is not appropriate, that business or individual will be paying less in total taxes than is necessary. This is grounds for the IRS or state of New York to prosecute.
What to do if you’ve been Charged with Tax Evasion Fraud in Staten Island
If you’re a Staten Island resident who’s been charged with tax evasion fraud, the very first thing you must do is contact a Staten Island tax evasion fraud lawyer. While there are plenty of great Staten Island tax evasion fraud lawyers available, we here at Spodek Law Group are the best. Our experienced tax evasion fraud attorneys know exactly how to handle different tax evasion situations. If you’re being audited by the IRS or state of New York, contact us immediately.