Willful Failure to Pay Over Tax

By max@dotcomlawyermarketing.com
June 4, 2025
2 min read
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Understanding Tax Evasion and Related Offenses

Tax evasion is a serious offense that involves the illegal act of not paying taxes that are legally owed. The Internal Revenue Service (IRS) and other tax authorities take tax evasion very seriously, and those found guilty can face significant penalties, including fines and imprisonment.

Types of Tax Offenses

There are several types of tax offenses, ranging from simple mistakes to deliberate acts of fraud. The most severe offenses involve intentional acts to avoid paying taxes.

What is willful failure to pay taxes?

Willful failure to pay taxes refers to the intentional decision not to pay taxes that are due. This is different from accidentally missing a payment or making an error on a tax return. The IRS must prove that the failure to pay was deliberate and not the result of a mistake or misunderstanding.

What is it called when you willfully intentionally do not pay your taxes?

When someone willfully and intentionally does not pay their taxes, it is often referred to as tax evasion or willful failure to pay. This is a criminal offense and can result in prosecution, fines, and even jail time.

What is defined as the willful attempt to avoid paying legally due taxes?

The willful attempt to avoid paying legally due taxes is known as tax evasion. This involves any deliberate action taken to evade the assessment or payment of taxes, such as underreporting income, inflating deductions, or hiding money in offshore accounts.

Penalties for Tax Evasion

The penalties for tax evasion can be severe. Individuals convicted of tax evasion may face substantial fines, repayment of the taxes owed with interest, and imprisonment. The severity of the penalty often depends on the amount of tax evaded and the circumstances of the offense.

Is failure to pay taxes a crime?

Failure to pay taxes can be a crime if it is determined to be willful. While honest mistakes or inability to pay due to financial hardship are generally not prosecuted as crimes, deliberate failure to pay taxes is considered a criminal offense and can result in prosecution.

Conclusion

It is important to understand the difference between accidental errors and willful acts of tax evasion. If you are unsure about your tax obligations, it is always best to consult with a tax professional or contact the IRS for guidance.

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About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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