Miami Federal Tax Evasion Attorney
Tax evasion is considered a serious crime by the federal legal system and can impose significant penalties on those who are convicted. It is a unique crime in that a simple misunderstanding in the tax filing process may suddenly be considered criminal activity. Regardless of your intentions, being charged with tax evasion can have negative impacts on your livelihood. If you’re facing potential tax evasion charges, talk to a Miami federal tax evasion lawyer. For broader legal expertise, consulting a Miami federal criminal defense lawyer can provide comprehensive support in navigating complex federal charges.
What Is Tax Evasion in Florida?
The IRS considers tax fraud to have occurred when a taxpayer presents misleading facts when filing their taxes. It refers to any instance where an individual may have lied or falsified tax details in order to keep more money for themselves. In cases against fraudulent taxpayers, the IRS holds the burden of proof, meaning they have the responsibility to present facts that support the guilt of the taxpayer they are investigating.
Who Can Commit Tax Evasion?
Tax evasion is a crime that can be committed by either individuals, businesses, or corporate entities. Any person or group that brings in any form of income can knowingly or unknowingly commit federal tax fraud.
Tax evasion can take place in various forms, including:
- Underestimating the amount of your income on a tax return.
- Entering false amounts, documents, or invoices.
- Neglecting to keep records.
- Concealing sources of income or assets.
- Intentionally misleading the IRS.
Indications of Tax Fraud
The IRS is continually keeping a lookout for red flags that may indicate someone has committed tax fraud. steps-to-take-after-a-car-accident-in-hemet-caThe following circumstances may stand out to IRS agents and be a cause for their opening an investigation:
- Increases in a person’s net worth that cannot be traced or explained.
- Concealment of bank accounts or assets.
- Concealment of sources of income.
- An amount of spending that exceeds a person’s income or ability to spend.
- Significant bank account deposits from unexplained sources.
- Businesses failing to deposit money earned into their business accounts.
Penalties for Tax Evasion in Florida and Beyond
Tax evasion penalties can vary based on the specific circumstances of a case, such as how much money was involved and the criminal history of the defendant. Common penalties include jail time and fines, which also vary in severity. Another significant factor that affects sentencing for tax evasion cases is whether the crime was committed by an individual on their personal taxes or by a corporation on their company’s taxes.
Common Defenses for Tax Evasion Charges
Being charged with tax evasion can be overwhelming, but it is important to understand that you are considered innocent until proven guilty. An experienced lawyer who has handled other cases involving tax evasion can build a tailored defense based on the specifics of your situation. Some defenses include:
- Proof of No Fraudulent Tax Return. To be rendered guilty, it must be proven that you underreported your earnings on your return. If you did not, no crime occurred.
- Lack of Intent. It must also be proven that you willfully and knowingly entered false information onto your tax return. Even in the event that you paid less than you owed, it can be argued that you were unaware of what you were doing or made a mistake.
- Constitutional Violations in Obtaining Evidence. How the IRS agents obtained the information that led them to believe fraud had occurred can make a difference in your case. If they violated any of your constitutional rights, such as those protecting you from unlawful searches and seizures, any evidence found is inadmissible in a court of law.
There is no perfect defense strategy that has the ability to get tax evasion charges dropped for everyone. However, a lawyer who has experience in defending others in similar situations understands what is needed to decrease the severity of the penalties or potentially have the charges against you dropped altogether.
FAQs
A: According to Section 6531 of the United States Internal Revenue Code, the IRS is legally able to look back through six years of tax records when bringing a tax evasion charge to court. This means that any evasion within a six-year period is subject to review and prosecution. An IRS agent is also allowed to use any information they gathered from those six years to support their case.
A: Yes, you are allowed to hire legal representation for cases against the IRS and many professionals will implore you to do so. Working with a skilled attorney who can leverage their knowledge of tax laws can be beneficial in a variety of ways. An experienced lawyer can help you gather supporting evidence, build a strong defense tailored to your exact charge, and fight to have your charges reduced or even dismissed.
A: While it is inevitable that some tax evaders go unnoticed by the IRS, the organization’s main goal is to initiate criminal investigations against any individual, entity, or company that they believe to be committing tax evasion. The IRS works in conjunction with the Department of Justice to investigate such cases and then form plans of action regarding prosecution.
A: The IRS prosecutes approximately 3,000 individuals for tax evasion per year. While not all of these individuals are found guilty, those who are face severe consequences, such as jail time. Whether an individual receives the penalty of jail time depends on a variety of factors, such as how much money was involved, the criminal history of the defendant, and the severity of the case.
The Kirlew Law Firm: Legal Aid for Miami Tax Evasion Cases
Tax evasion is a serious offense that can result in severe penalties for those found guilty. If you or someone you love were charged with tax evasion in Miami, it is important to take prompt action. One way to ensure you have a strong defense against the IRS is to hire a lawyer who has handled similar cases successfully.
At the Kirlew Law Firm, our team shares extensive experience defending clients against complicated tax evasion charges. We understand the legal complexities these cases entail and are ready to defend your rights. Contact us today to learn more about how we can help you through a Miami tax evasion case.