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Tax Evasion Charges in Florida: Tax Laws, IRS Penalties and Criminal Defense

March 21, 2024 Uncategorized

Tax Evasion Charges in Florida: Tax Laws, IRS Penalties and Criminal Defense

Tax laws can be complicated, and even honest mistakes can lead to penalties or criminal charges. If you have been accused of tax evasion or tax fraud in Florida, you need an experienced attorney to protect your rights. This article will provide an overview of tax evasion laws and penalties in Florida, as well as potential defenses if you are facing charges.

What is Tax Evasion?

Tax evasion refers to illegally avoiding paying taxes by intentionally underreporting income, overstating deductions, failing to file returns, or other fraudulent activities. This is different from legal tax avoidance strategies, like taking legitimate deductions.Some examples of tax evasion include:

  • Not reporting cash income
  • Claiming fake business expenses
  • Hiding money in offshore accounts
  • Lying about your residence to avoid state taxes

Simply making a mistake on your taxes doesn’t necessarily constitute evasion – the government must prove you intentionally tried to defraud them.

Tax Evasion Penalties in Florida

In Florida, both the state and federal government can pursue criminal charges for tax evasion. This includes income taxes, payroll taxes, and sales taxes.At the state level, penalties depend on the amount of tax evaded:

  • $301 – $20,000: 3rd degree felony, up to 5 years in prison and $5,000 fine
  • $20,001 – $100,000: 2nd degree felony, up to 15 years in prison and $10,000 fine
  • Over $100,000: 1st degree felony, up to 30 years in prison and $10,000 fine

The state can also impose civil fines up to 200% of unpaid taxes.For federal tax evasion under IRC § 7201, penalties include:

  • Up to $100,000 fine
  • Up to 5 years in federal prison
  • Paying back taxes plus interest and penalties

Prosecution costs may also be charged. Corporate penalties go up to $500,000.

Criminal Tax Defense in Florida

Defending against tax evasion charges involves attacking the prosecution’s claim that you “willfully” intended to break tax laws. Possible defenses include:

  • You made an honest mistake – For instance, you misunderstood what counts as taxable income or made a math error calculating deductions. As long as there’s no evidence you intended to defraud the IRS, this could lead to acquittal.
  • The statute of limitations expired – The IRS typically has 3 years to charge you after you file a return. If it’s been longer, the charges could get dismissed.
  • You had no knowledge of the law – Not knowing particular tax rules could negate claims you intentionally broke them. An attorney can argue you acted in good faith.
  • You already paid enough taxes – Even if you underreported income, if your total tax liability was met, it helps defeat evasion claims.

An experienced tax crime lawyer like Herman Law can also negotiate with the IRS or Florida Department of Revenue before charges are filed. They may agree to reduce penalties or keep the case civil if it seems prosecution isn’t warranted.Having skilled legal representation is crucial when dealing with complex tax laws. A qualified attorney can thoroughly examine your situation and build the strongest defense.

Fighting Criminal Tax Fraud Investigations

If you’re being audited or investigated for tax evasion, it’s vital to exercise your rights. Anything you say to IRS agents or Florida Department of Revenue investigators can be used against you.Politely decline to answer questions and state you’ll have your lawyer contact them. Discuss the situation with your attorney so they can protect you from self-incrimination.In some cases, it may be possible to resolve the investigation civilly through paying back taxes and cooperating with auditors. Your lawyer can negotiate the best resolution without criminal charges.However, if agents show up with a warrant or try to question you without counsel, you should continue asserting your right to remain silent. Don’t panic and make statements that could be twisted against you in court.

Using an Attorney Experienced in Tax Law

Defending tax evasion and fraud cases requires an in-depth understanding of complex IRS and Florida tax codes. Tax attorneys like Musca Law have handled many cases just like yours and know how to fight the charges.A tax lawyer can answer questions like:

  • What are your rights during an audit or investigation?
  • What penalties apply based on the amount of tax owed?
  • What are possible strategies and defenses?
  • What are the chances of avoiding criminal prosecution?

Don’t go it alone against the IRS and risk jail time or massive penalties. An experienced tax evasion defense attorney levels the playing field.

Conclusion

Dealing with accusations of tax crimes in Florida can be frightening. But skilled legal counsel can protect your freedom and financial future.If you’ve been contacted by tax authorities regarding an audit or investigation, or received charges of evasion, contact a lawyer right away. An attorney experienced in tax law can examine your case and build a strong defense.With proper representation, many tax evasion cases can be resolved through paying back taxes or kept civil. Your lawyer will aggressively defend your rights and work to avoid criminal prosecution. Don’t wait to seek help from a qualified tax attorney.

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