Top Gastonia, NC Federal Tax Fraud Lawyers Near You
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We Handle All Types of Federal Criminal Cases. 15+ Years of Experience. Se Habla Español. Call Today for A Free Consultation!
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Over 35 years experience! Board Certified Specialist in State and Federal Criminal Law. Click here or call us today to schedule your FREE CONSULTATION!
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1515 South Blvd, Charlotte, NC 28203
Contact Steven T. Meier, PLLC Attorneys at Law for your Federal Tax Fraud needs in North Carolina.
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101 South Tryon Street, Suite 2610, Charlotte, NC 28282
300 S. Tryon Street, Suite 1700, Charlotte, NC 28202
525 North Tryon St, 16th Floor, Charlotte, NC 28202
6000 Fairview Road, Suite 1200, Charlotte, NC 28210
620 S Tryon St, Suite 950, Charlotte, NC 28202
One Wells Fargo Center, Suite 3500, 301 South College Street, Charlotte, NC 28202
101 North Tryon Street, Suite 1300, Charlotte, NC 28246
128 N. McDowell Street, Charlotte, NC 28204
225 E. Worthington Ave, Suite 100, Charlotte, NC 28203
300 S Tryon St, Suite 1000, Charlotte, NC 28202
Carillon Building, 227 West Trade St., Suite 600, Charlotte, NC 28202
301 E. Park Avenue, Charlotte, NC 28203
620 S Tyron St, Suite 375, Charlotte, NC 28202
529 W Summit Ave, Suite 1B, Charlotte, NC 28203
122 N. McDowell St., Charlotte, NC 28204
227 West Trade Street, Suite 1800, Charlotte, NC 28202
525 North Tryon St, Suite 1600, Charlotte, NC 28202
100 North Tryon Street, Bank of America Center, Suite 2900, Charlotte, NC 28202
101 S Tryon St, Suite 3500, Charlotte, NC 28280
2333 Randolph Rd, Suite 100, Charlotte, NC 28207
402 W Trade St, Suite 101, Charlotte, NC 28202
300 South Tryon Street, 16th Floor, Charlotte, NC 28202-1078
650 S Tryon St, Charlotte, NC 28202
6135 Park South Drive, Suite 500, Charlotte, NC 28210
Gastonia Federal Tax Fraud Information
Lead Counsel independently verifies Federal Tax Fraud attorneys in Gastonia and checks their standing with North Carolina bar associations.
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What Constitutes Tax Fraud?
Tax fraud involves the willful failure to pay taxes. According to the Internal Revenue Service (IRS), tax fraud is an intentional wrongdoing by the taxpayer, with the intent to evade paying taxes owed through misrepresentation of material facts. Tax fraud requires an intent to commit fraud or evade tax payment. Making a mistake on your tax forms or filing your taxes late are generally not considered fraud.
There are many ways a taxpayer can commit tax fraud. Common types of tax fraud may involve:
- Failure to report income
- Failure to file a tax return
- Filing a false return
- Assisting others in committing tax fraud
- Failure to pay employment taxes
- Fraudulent accounting to avoid taxes
- Overstating deductions
- Hiding money in offshore accounts
- Making fraudulent deductions
How Does the IRS Investigate Tax Fraud?
The IRS has a Criminal Investigation Division to conduct criminal investigations for tax fraud. There are several ways the IRS can be alerted to possible fraud. Tax fraud can show up when investigators are looking into other federal crimes, like money laundering or wire fraud. Fraud can be identified through computer algorithms that look for signs of potential fraud and notify tax officials to look more closely at the taxpayer and their return. Auditors and revenue collectors may also report suspected criminal fraud.
The IRS also has a whistleblower office to take reports from the public, including employees, co-workers, neighbors, or even family members who report suspected tax fraud. The whistleblower program provides an award for between 15% and 30% of the total proceeds recovered by the IRS.
When the IRS opens a criminal investigation, they may review financial records, conduct surveillance, take out search warrants, and subpoena records from financial institutions to gather evidence. If there’s enough evidence to support criminal charges, the Department of Justice or the United States Attorney may take the case to trial.
What Is the Punishment for Tax Fraud?
Tax fraud is a criminal offense. Most tax fraud offenses are treated as felonies. For example, tax evasion under IRC § 7201 is a felony, with penalties including up to $100,000 in fines (up to $500,000 in fines for corporations) and a jail sentence of up to 5 years. Other felony tax fraud charges that can include federal prison time involve:
- Felony failure to collect or pay over tax
- Felony failure to report certain cash transactions
- Felony filing false tax returns
A tax fraud conviction can also result in fines, paying the legal costs for the government, and restitution.
How Much Will I Owe for Tax Fraud?
Tax fraud can result in criminal penalties and civil penalties. Penalties for a civil offense generally include fines, fees, or money damages. Under the U.S. Code, the IRS can impose a fraud penalty of 75% of the portion of the fraud underpayment added to the tax. For example, if a taxpayer fraudulently underpaid $40,000 in taxes, the IRS could add an additional $30,000 fraud penalty, for a total of $70,000 owed.
How Far Back Can the IRS Go In Tax Fraud?
The IRS generally does not go back more than 3 years to audit federal tax returns. If there is a substantial error, the IRS may be able to go back 6 years. However, there is no time limit in cases of tax fraud. If the IRS identifies fraud in the tax filings of a 30-year-old corporation, the IRS could go back 30 years to collect fraudulent underpayments and any additional penalties.
When Should I Hire a Tax Fraud Attorney?
The time to think about hiring a tax fraud attorney is when you learn about a possible IRS criminal investigation. You may not want to wait until fraud charges are filed. Having a tax attorney represent you during the investigation may be able to help you avoid saying the wrong thing that could end up being used against you.
Can a Tax Attorney Negotiate With the IRS?
There are several ways a tax attorney can help you in a tax fraud case. Even before the case goes to trial, your criminal defense attorney can negotiate with the IRS. Your attorney may be able to negotiate an agreement to pay a set amount of taxes on a payment plan and avoid criminal charges. A tax lawyer may also be able to negotiate to reduce the charges, accept a lesser offense, and avoid jail time.
If you do not want to take a plea agreement, you can still take your case to court. There may be strong legal defenses in your case, to help you avoid a criminal conviction. The prosecutor has the burden of proving every element of the federal offense, beyond a reasonable doubt. If your tax lawyer can introduce a little bit of doubt into the minds of the jurors, you should not be found guilty. Possible defenses to tax fraud charges may include:
- Defendant had a good faith belief that they filed correctly
- Tax errors were committed by mistake or clerical error
- Defendant had no intent to defraud the government
- Evidence was collected through an unlawful search in violation of the defendant’s constitutional rights