Tax Evasion

Miami Tax Fraud & Evasion Lawyer

The act of tax evasion is always complex. Unfortunately, making a mistake — even a seemingly small one — can lead to federal charges. Sometimes it is as simple as relying on the advice of an accountant who is cutting corners and not advising their clients properly.

Tax laws can be very complex. So if you are facing tax evasion charges in Florida, you may need help figuring out what to do.

You are looking at prison time, probation, and hefty fines if convicted. Your assets, even your home, can be frozen and taken from you by the government.

With so much at stake, getting the right legal counsel as soon as possible to discuss your case and determine your best course of action is imperative. Contact the Kirlew Law Firm today to speak with Brian Kirlew, Esq., our experienced Miami white-collar attorney right away.

What is Tax Evasion?

It is worth noting that tax fraud and tax evasion are similar but different charges. While they do overlap, they have specific definitions under federal criminal statutes.

Tax evasion is the act of willfully attempting to evade the assessment or payment of taxes.

This includes underreporting income and overstating deductions and expenses. Tax evasion often goes hand-in-hand with other white-collar crimes such as mortgage fraud, money laundering, and insurance fraud.

Remember that failing to pay does not constitute tax evasion unless done with malicious intent — deliberately misrepresenting your income or deductions to under-report your tax liability.

On the other hand, tax fraud occurs when a person knowingly files fraudulent returns. There are many different ways someone can file false tax returns. However, the most common involves obtaining or trying to obtain a refund by filing an incomplete return or making false claims about your income, exemptions, deductions, or credits.

Penalties for Tax Evasion in South Florida

The Internal Revenue Service (IRS) has various methods of identifying who might be committing tax evasion. When they do find someone who may have been attempting to commit this crime, then they will go through their finances with a fine tooth comb and determine what amount they owe in back taxes plus any penalties for taking so long to report the money.

The penalties for a conviction of tax evasion in federal court depending on the amount of unpaid taxes owed and whether it is a civil or criminal offense. Tax evasion is covered under IRC § 7201. A federal tax evasion conviction can result in a term of imprisonment of up to five years. Additionally, the IRS can add a monetary fine to your tax bill, place a lien on your property or implement a tax levy to seize your income, property, or financial accounts. You can also be barred from operating a business in South Florida and denied government contracts or jobs. Tax evasion, however, is rarely charged by itself. It is usually a part of a larger indictment where a slew of white-collar crimes is alleged. If you receive a letter from the IRS, you need to contact a white-collar defense attorney immediately.

• In Florida state court, being charged with tax evasion at the state level can be punishable as a misdemeanor or felony.
• If the taxes evaded are worth less than $300, then it is considered a first or second-degree misdemeanor and carries a sentence of up to one-year imprisonment and/or up to $1,000 in fines.
• If the taxes evaded are worth less than $20,000 but more than $300, then it is considered a third-degree felony and carries a sentence of up to five years imprisonment and/or up to $5,000 in fines.
• If the taxes evaded are worth less than $100,000 but more than $20,000, then it is considered a second-degree felony and carries a sentence of up to fifteen years imprisonment and/or up to $10,000 in fines.
• If the taxes evaded are more than $100,000, it is considered a first-degree felony and carries a sentence of up to thirty years imprisonment and/or up to $10,000 in fines.

The penalties for tax evasion can be significant, and there is no way to sugarcoat them. If you find yourself facing tax evasion charges, then your best bet is to contact a South Florida white-collar attorney as soon as possible.

Act Quickly to Defend Your Rights — Contact the Kirlew Law Firm NOW!

Tax crimes carry serious penalties, and the laws surrounding them can be confusing and nuanced simultaneously. Before you can protect yourself from these charges, it is essential to know exactly what they mean, how you might face them, what your rights are when facing them, and how you might be able to defend yourself against them if you are accused. This is where retaining a skilled Miami white-collar lawyer like Brian Kirlew, Esq. can make all the difference.

Regardless of the nature of the charges, the team at the Kirlew Law Firm will aggressively fight to defend your rights and challenge any wrongful claims that have been made against you. We take pride in our track record for victories achieved by giving clients personal attention and individualized legal representation through all stages of litigation. Call (305) 521-0484 or contact us online to get started on your defense.