Tax evasion and tax fraud are federal crimes. Both involve the willful attempt to either evade the assessment or the payment of taxes. But at what point does the IRS pursue criminal charges for these actions? What consequences are included in the criminal charges? How does one prevent these charges from being brought upon them? Here’s what you need to know about how and when the IRS pursues criminal charges against a taxpayer.
What causes the IRS to consider pursuing criminal charges?
The IRS typically does not pursue criminal charges unless you exhibit a pattern of intentionally breaking tax laws. This can include non-filing, filing fraudulent returns, falsifying information on your return, not paying taxes, and more. The IRS statute of limitations could trigger charges to be filed. Currently, the IRS has six years from the return filing date to pursue criminal charges that relate to failing to file and underreporting income. Finally, if you are ever audited, do not attempt to falsify records or omit information. This is a sure way to be implicated in a tax crime.
If the IRS opens a case against you, they will refer it to the Department of Justice for prosecution. In order for the IRS to be successful in convicting someone for tax evasion, they must prove without reasonable doubt that the accused taxpayer (or nonpayer) acted in a deliberate and willful manner to avoid paying their taxes.
What consequences are included in the criminal charges?
While these charges are not as common as others, the penalties are very harshand can have life-altering consequences. Being guilty of tax fraud can result in heavy fines, interest, penalties, and even jail time. The average jail sentence for tax evasion varies between three to five years. The sentence will depend on the severity of the case. In addition, you can be fined up to $100,000, or up to $500,000 for corporations. If you are found guilty of filing false tax returns, you can be fined up to $100,000 and up to three years in prison. Even misdemeanors, like failing to file, have harsh consequences. For example, you could owe up to $25,000 for each year of non-filing, and up to one year in jail.
On the more extreme side, willfully hiding offshore bank accounts can result in up to $500,000 in fees and up to ten years in jail. Even if the action was not willful it will result in penalties.
How do I prevent IRS criminal charges?
The answer is simple: always remain tax compliant. Avoid committing tax evasion or tax fraud, and always file and pay your taxes. If you’re unable to pay, contact the IRS immediately to see what options you have. If you find yourself stuck in a tax dispute with the IRS, consider hiring an attorney to fix the issue while it’s at the civil level to avoid the charge becoming criminal.
Remember, you are guilty even if you are only helping someone else evade their taxes, according to Section 7201 of the U.S. Internal Revenue Code. In any case, working with the IRS can help avoid criminal charges being filed against you. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
Optima CEO David King and Lead Tax Attorney Philip Hwang are back from their trip to Washington D.C., where they met with members of Congress and the IRS’s new leadership to discuss what’s new in the tax world. Here is Phil and David’s recap of Optima’s visit with the IRS, including the IRS’s Strategic Operating Plan, 5,000 new customer service agents, the changes the agency’s new commissioner has already implemented and what you as a taxpayer can expect moving forward.
When dealing with the IRS, it’s easy to feel outnumbered and helpless. However, it is important to know that you have fundamental rights when it comes to tax issues. The Taxpayer Bill of Rights, which was created to guarantee justice, openness, and accountability in the tax system, outlines these rights. So, here we’ll examine each of your rights listed in the Taxpayer Bill of Rights.
The Right to Be Informed
You have a right to information about the laws that are relevant to you and your tax obligations. The procedure for filing taxes, possible credits and deductions, and any changes to tax laws that may have an impact on you must all be explained in detail by the IRS. Additionally, you have the right to request written explanations for any IRS actions related to your tax accounts as well as the chance to contest or appeal them.
The Right to Quality Service
The IRS is required by law to provide you with timely, courteous, and expert help. This includes the right to communicate with an informed IRS representative, have your inquiries correctly addressed, and have your issues promptly taken care of. You have the right to be spoken to in a way that is easy to understand. On the other hand, you have the right to file a complaint if you feel that the service was insufficient.
The Right to Pay No More than the Correct Amount of Tax
You have the right to pay only the tax debt that is legitimately owed by you. This includes any interest and penalties applied to your tax account.
The Right to Challenge the IRS’s Position and Be Heard
You have the right to object, provide further information, and challenge any judgments the IRS makes. You have the right to expect that the IRS will consider your objections and documentation promptly and fairly.
The Right to Appeal an IRS Decision in an Independent Forum
You have the right to an impartial and fair administrative appeals procedure. Accordingly, this may include the ability to file a lawsuit. The IRS must take into account your arguments and respond in writing with a justification of their choice.
The Right to Finality
You have the right to be aware of the maximum length of time you have to contest the IRS’s claims and to anticipate that once that period of time expires, the IRS won’t pursue further collection efforts. Any deadlines for submitting an appeal or taking other actions must be communicated to you by the IRS as well.
The Right to Privacy
You have the right to anticipate that the IRS will keep your information private and use it solely for legal tax purposes. Except in some limited instances, the IRS is not permitted to disclose your tax information to unapproved people or businesses without your approval.
The Right to Confidentiality
You have the right to assume that the IRS won’t share any information you give them. That is unless you give permission, or it’s required by law. You have the right to anticipate that anybody using or disclosing your return information improperly, including workers, return preparers, and others, will face the appropriate consequences.
The Right to Retain Representation
You have the right to appoint a qualified representative to act on your behalf when interacting with the IRS. This might be an enrolled agent, CPA or tax attorney. Your representative can present your case, advocate on your behalf, and assist in making sure that your rights are upheld.
The Right to a Fair and Just Tax System
You are entitled to a just and equitable tax system that takes into account all pertinent information. This includes the freedom to contest the IRS’s application of the tax laws and to ask the Taxpayer Advocate Service, an impartial division of the IRS that aids people in resolving disputes with the agency, for support.
All in all, the Taxpayer Bill of Rights is a crucial document that gives taxpayers power and guarantees that the IRS will treat them fairly. You can navigate the tax system with confidence and hold the IRS accountable by being aware of and defending your rights. Lastly, consult with a knowledgeable tax expert if you’re having problems or think your rights have been infringed. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers.
We often discuss IRS tax audits, but you can just as easily be audited by your state. Like an IRS audit, state tax audits can be stressful and intimidating for taxpayers. But what triggers a state tax audit? Is it less severe than an IRS audit? Would a state tax audit result in an automatic IRS audit? Here’s what you need to know about state tax audits.
What is a state tax audit?
A state tax audit is an audit performed by your state’s Department of Revenue because they believe there is a discrepancy on your state tax return. It is no less severe than an IRS audit and can result in financial and legal consequences. During the audit, your state will review your state tax return to verify that your reported income and deductions are correct. Typically, your state will send you a written notice in the mail to inform you of the audit. The notice should include the tax years they plan to review. It will also note any information you will need to provide and their contact information. You can opt to have an accountant or tax attorney represent you during the audit or proceed without one.
Once the audit is completed, your state will send you a written notice of the results. The results can lead to the acceptance of your state tax return with no further action needed. However, it can also result in taxes and penalties owed. The taxpayer may be entitled to appeal the judgment if they don’t agree with the audit results. Depending on the state, the appeals procedure may include a hearing before an administrative law judge or an appeals board.
What triggers a state tax audit?
You should be aware of frequent errors that can result in a state tax audit. These can include:
Failing to record all income. You are required to report all income, including self-employment, rental, and investment income. Not doing so is one the fastest ways to trigger an audit.
Being a nexus.If your business is a nexus, or a company that has a presence in one or more states, you might be at risk of a state audit. Each state will want to ensure you are complying with their individual tax laws.
Failing to report use tax. If you purchase taxable items in one state and intend to use, store, or consume them in another state, you must pay use tax in your own state. For example, if you purchase a car in a state that does not charge sales tax, but plan to use the car in a state that does, you must pay use tax on the purchase price of the car in your state.
Being a sole proprietor. If you are a sole proprietor and prepare your own tax returns, you may be viewed as more likely to make a mistake when filing.
Misreporting data, math mistakes, incomplete state tax forms, excessive deductions, and failing to file your state tax return on time are some more common reasons for state audits.
Will a state tax audit result in an automatic IRS audit?
Your biggest worry when being audited by your state Department of Revenue is whether you will also trigger an IRS audit. While there is no certainty of this happening, it definitely is a possibility since both state and federal taxing agencies communicate with each other. Large mistakes on your state return will likely result in an IRS audit, but small mathematical errors may not. In some cases, your state might require you to amend your state return, which can impact your federal tax return, thus getting the IRS’s attention. It goes without saying that the best way to avoid a state or federal tax audit is to submit complete and accurate tax returns. Facing an audit can be stressful and intimidating but having audit representation can have a positive impact. Optima Tax Relief has over a decade of experience representing clients during both state and IRS tax audits.
Failing to pay, or even underpaying, your taxes can have drastic consequences that can cost a fortune. This is because on top of your unpaid tax balance is a heap of penalties and interest. One of the most common penalties to watch out for is an accuracy-related penalty. These can include a substantial understatement of income tax penalty and a negligence penalty. While a substantial understatement of income tax penalty usually requires an individual to lie about their income, a negligence penalty can result from being careless or reckless with your tax return. Here’s a breakdown of what the IRS negligence penalty is and how to avoid it.
Negligence or Disregard of the Rules or Regulations Penalty
The IRS may impose the negligence penalty on taxpayers who fail to use reasonable care or who make mistakes on their tax returns. Negligence is the failure to act with the same degree of caution that a reasonably cautious person would in a similar situation. In the context of tax returns, negligence can include the failure to maintain accurate records. It can also include failure to declare all income or to confirm the validity of a tax deduction or credit.
How Negligence is Penalized
The negligence penalty can be up to 20% of the portion of the underpayment of tax resulting from negligence. In addition to this penalty, the IRS also charges interest on the penalty. The current quarterly interest rate for underpayment is 8%.
Tax Negligence vs. Tax Fraud
The difference between the negligence penalty and the IRS’s fraud penalty should be noted. The fraud penalty can be applied to taxpayers who knowingly and purposefully understate their tax liability. It is significantly more severe. Taxpayers who make errors are subject to a less severe penalty known as negligence.
If the IRS determines that a taxpayer has been negligent when preparing their tax return, they will typically send the taxpayer a notice informing them of the penalty. The taxpayer will then have the opportunity to dispute the penalty. They will need to provide additional information or argue that they were not negligent.
The IRS will normally issue the taxpayer a notice advising them of the penalty if they are found to have been careless when preparing their tax return. The taxpayer will then have the chance to contest the penalty by offering more substantiating details or making a case that they weren’t negligent.
Avoiding the IRS Negligence Penalty
It is important for taxpayers to take the necessary steps to ensure that their tax returns are accurate and complete. This involves keeping precise records, disclosing all earnings, and only claiming the deductions and credits that they qualify for. The purpose of the IRS negligence penalty is to motivate taxpayers to take the required precautions to guarantee the accuracy and completeness of their tax returns. Additionally, it ensures sure that taxpayers cannot profit from their errors or carelessness at the expense of other taxpayers. If you’ve been hit with IRS penalties, like the negligence penalty, Optima Tax Relief can help.
