Norman Spencer

Each year, many people fail to file their New York tax, return for any of several reasons. Among these people, most usually meant to file, but didn?t because they were too busy with work and life to meet the deadline or because they were too overwhelmed by the endless complexities of the system.

Unfortunately, a failure to file often looks to investigators like an attempt at tax evasion.

Tax evasion is a deliberate attempt to avoid paying required taxes.? Title 27, Section 7201 of the United States Code defines tax evasion as any willful attempt ?to evade or defeat any tax imposed by this title or the payment thereof.?? Failure to file tax return is also a crime in New York. It’s a serious offense that could have real consequences, especially if you don?t get legal help immediately.

Most personal income tax returns are due April 15^th of the year following the relevant financial activity: you’ll need to report all 2010 income by April 15, 2011.

However, some tax forms have deadlines on other dates. As an example, off-shore bank accounts must be reported on a separate form by June 30^th, but other forms that may be relevant to you could be due before April.? Contact a tax law attorney with any questions as to which forms and deadlines you need to follow.

If you do miss a deadline, you could be charged with the criminal tax evasion. The federal law categorizes the offense as a felony, punishable by fines of up to $250,000 for individuals or $500,000 for corporations, as well as imprisonment for up to five years.

On top of all that, you would probably also be required to reimburse the government for whatever it cost them to prosecute you.

If you know you won?t be able to meet a tax filing deadline, there may extensions available. These ironically require almost as much paperwork as the tax forms themselves, but again, a tax law attorney could help to guide you through them.

It’s important to note that tax evasion is only a crime when it is willful. If you mailed your form in January, February, March, or even early April, but then it got lost in the mail, you could still be charged but you should not be convicted.? You actions would not have met the legal requirements for criminal liability.

In a situation like this, or in any other where you might find yourself innocent but accused, you should retain a qualified defense attorney right away. Your attorney can argue your case professionally and make sure you are not wrongfully convicted.

If you did knowingly try to get out of paying taxes, you?re not alone.? In today?s economy, many people are desperate to keep a little more money in their pockets.? To avoid the truly damaging legal penalties, you too should consult an attorney as soon as possible.? Legal defense is usually most effective at the early stages of proceedings, before the prosecution has completed their investigation and perfected their arguments against you.

Tax evasion is often a reality in this depressed economy.? If you or someone you know may be struggling with a tax evasion issue in New York, a good tax fraud defense attorney could be the solution to your problems. You can call our New York City tax fraud defense lawyers today at (212) 577 6677 to discuss your case.

Filing a tax return can be one of the most stressful tasks that people face all year. That complicated maze of forms, deductions, withholding it just never gets any easier.

Sometimes, even with the best of intentions, mistakes can be made. Alternatively, especially in this rough economy, it can be tempting to fudge your numbers just a little. Here is what can happen if you’re caught in one of these two scenarios.

Well, the take-home point is that the dividing line between these situations is the dividing line used by tax fraud investigators and prosecutors when they make their decisions on when to press charges. By the legal definition, tax fraud is an intentional crime. In other words, an unintended misrepresentation on your return is not illegal if it was really an honest mistake.

What Should You Do If Under Tax Fraud Investigation

In a variety of different tax matters, real mistakes can unfortunately look like willful fraud to investigators. If you are facing an investigation or charges even though you filed your information as honestly as you could, you need to retain an attorney who can assert your rights and ensure that you are not convicted of a crime you did not commit.

For those of you who did happen to sweeten the numbers in your favor, it’s also crucial that you retain an attorney right away. Often, a legal professional will be able to negotiate with the prosecutors and thereby have your penalties significantly decreased.

If you are contacted by investigators, you would be well advised to seek legal counsel before responding to any of their questions or demands. You don’t want to say anything that could make your situation worse than necessary, so leave the communication to your attorney, the expert.

Possible Penalties for Tax Crimes

For intentional tax fraud, the possible penalties include expensive fines and even time behind bars.

United States Code, Title 26, Section 7206 is the law that sets out the specific penalties for tax fraud. They are as follows: fines up to $250,000 for individuals or up to $500,000 for corporations, and imprisonment for up to three years.

As a final kick after you’re down, the law adds that charges associated with prosecution can be taken out of your pocket.

The statute of limitations on most tax fraud crimes is either three or six years from the date your return should have been filed or the date your payment was due. Prosecutors can secure an additional nine months after filing a criminal complaint against you. Still, if your tax fraud offense was in the distant past, you will probably not face charges.

In conclusion, tax crime penalties are severe and should be taken seriously. Although unintentional mistakes should not lead to convictions, they can often leave you vulnerable to prosecution at the very least. Contact a professional defense attorney in any situation where you may be facing charges, but do your best to make sure your taxes are right from the start.

If you need help with a criminal tax law issue in New York, consult our NYC tax fraud defense lawyers at (212) 577 6677 as soon as possible.