Evading taxes or filing a false return can lead to criminal charges.
Every April, Americans rush to complete their taxes in time to meet the federal, state and local filing deadlines. While many people are fortunate enough to receive a tax refund, others may owe taxes — and may try to trick the government as a result to avoid paying taxes or to even get money that is not rightfully theirs.
Filing a false tax return is an incredibly serious crime that can lead to both federal and state criminal charges. In fact, tax evasion charges have brought down many notorious mobsters and other criminals when the government was unable to make other charges (like murder) stick. There are two primary types of tax fraud: using another person’s identity to file fake tax returns with the government, and then steal refunds, and intentionally filing a false tax return in order to evade income taxes. No matter which type of tax fraud you are accused of, if you are charged with this crime, you will need a seasoned California criminal defense attorney to represent you.
A fraudulent tax return could lead to both federal and state criminal charges. The California Tax code makes it unlawful to knowingly fail to file any tax return or to supply any information with intent to evade any tax, or to willfully and intentionally make, render, sign or verify any false or fraudulent return or statement or supply any false or fraudulent information. Tax evasion is punishable by up to 364 days imprisonment and a fine of up to $20,000. Under federal law, intentionally filing a false tax return is punishable by up to five years in federal prison and a fine of up to $100,000.
Tax evasion cases can arise in any number of ways. For example, suppose that you work a regular 9 to 5 job, and have a side business where you do landscaping work on the evenings and weekends. If your landscaping business makes over a certain amount of money, and you intentionally fail to report it because you don’t want to pay taxes on it, then you could be charged with tax evasion.
To prosecute a person for the crime of tax evasion, California must prove not only that you submitted a false or fraudulent tax return, but that you knew that the information was false or fraudulent when you submitted it, and you did so with the intent to avoid paying a tax. A skilled California criminal defense attorney may be able to defend you against California tax fraud charges by showing that you were not aware that the information was false when it was submitted, or that you did not have an intent to evade taxes when filing your tax return.
If you are facing tax fraud charges, you will need a skilled California criminal defense attorney to represent you. At the Chambers Law Firm, our team of attorneys and professionals are here for you. We are committed to providing the highest quality legal defense to our clients, and will work with you to defend you against tax fraud charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help if you have been charged with tax fraud.
