From the simple 1040 to the most complicated business returns, taxes are a constant that must be handled regularly. While workers generally must submit individual returns, businesses must also deal with sales tax and the payments to the Florida Department of Revenue (DOR).
Taxes are also a requirement. Income of all types must be reported correctly, and taxes paid accordingly. Unfortunately, they are neither simple nor straightforward. While the Internal Revenue Service does offer some help, many people (and most businesses) need help from a tax preparer to ensure their taxes are done properly.
Because it’s complicated, mistakes aren’t unusual on income tax returns. But when someone incorrectly reports income, intentionally does not file tax returns, or otherwise attempts to avoid paying taxes, they can find themselves in trouble with both the State of Florida and the Internal Revenue Service. Tax crimes are considered “white collar,” and include harsh penalties for convictions.
Also called tax evasion, this is the deliberate falsifying of tax documents to avoid paying legally due taxes. This can take many forms, such as:
• Incorrectly or under-stating income and assets
• Over-stating deductions, such as business expenses and expenditures for assets like office furniture and new computer equipment
• Employer that fails to deduct and pay income tax and Social Security on behalf of employees
• A property owner that fails to report improvements that would increase property taxes
• Keeping two sets of business books showing different sets of figures
• Claiming ineligible or non-existent deductions (personal or business)
• Increasing or adding ineligible non-existent charitable deductions (personal or business)
• Using offshore corporations to hide income and assets
• Failing to report income earned internationally (outside of the US)
• Intentionally failing to file tax returns
This is not the same as tax avoidance, such as transferring funds into a 401(k), IRA, or a trust, or gifting money to someone to defer or legally avoid paying taxes on a sum of money.
Even though Florida doesn’t have a state income tax, there are property, sales, employee, and other taxes businesses are required to pay. A person can be charged with a criminal tax fraud offense if they willfully “evade or defeat any tax” under Florida Statutes §198.40. This usually involves the under-payment of sales tax, and is a third-degree felony. State-level tax crimes can be charged as either misdemeanors or felonies.
Many people prefer to rely on someone with training and experience to help and handle their taxes. Some are surprised when they discover that they are under investigation. You may be innocent but your tax preparer may not be.
The IRS also investigates tax preparers they suspect for mishandling their clients’ returns. But when the IRS finds something that looks incorrect, it’s the taxpayer—not the tax preparer—who is under investigation first, since the taxpayer signs the return. Only when you show that the preparer conspired to commit fraud will they be held responsible, but the taxpayer may also be in trouble.
Tax preparers who commit fraud can be subjected to both civil and criminal penalties for tax crimes, including jail time.
The IRS has unlimited technical and financial resources available to pursue and prosecute anyone it believes to have committed tax fraud or other crimes. You have the right to consult with an attorney anytime you are faced with criminal charges, so call us immediately to discuss your case.
If you or your company have been charged with tax crimes or federal charges, contact the criminal defense attorney team at Farkas & Crowley right away at 561-444-9529 for a free case evaluation. We’re available to help you 24/7. Act quickly to protect yourself and begin building your defense.
Looking for a criminal law firm? Farkas & Crowley, P.A. are the attorneys for you. They are extremely knowledgeable of the law and go the extra mile for their clients. Their expertise and impeccable work ethic are hard to beat. Available 24/7. Highly recommended.
-Marla Newman
500 S. Australian Ave.
6th Floor
West Palm Beach, FL 33401
(561) - 444 - 9529
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.