Criminal Tax Fraud in the Third Degree: NY Tax Law 1804.

Last Updated on: 5th August 2026, 06:08 pm

Each year, New York residents or those who did business in the state are required to file an income tax return. If an individual or business provides false information on a form or otherwise takes action to defraud the state, the perpetrator of such an act may face felony charges. This may result in a state prison sentence and other penalties if convicted.

Did You Intend to Defraud the State?

It is important to mention that a prosecutor would have to show that you intended to commit fraud when you filed a tax return that was materially false. If you simply made a mistake during filing or otherwise made a good faith effort to pay taxes owed, no tax fraud has occurred. However, this doesn't mean that you wouldn't be subject to financial or other penalties. In some cases, a prosecutor may have enough evidence to charge you with other crimes related to your tax return or other conduct uncovered during an investigation.

What Qualifies as Tax Fraud in the Third Degree?