IRS Investigating You for Criminal Activity?
You Need Representation if you are charged with Tax Evasion.
When it comes to tax investigations crimes such as tax evasion be it business or personal, the enforcement procedures used to collect owed debt can have devastating consequences civilly. If the nonpayment is deemed criminal and purposeful it is then moved to criminal court and the outcome if you lose can be incarceration.
This is no time to defend yourself in a tax matter. You need an experienced tax attorney who can help you navigate the nuances of tax court and get you the best outcome possible.
Chapter 75 of the Internal Revenue Code outlines the various crimes related to taxpayers. The crimes include any attempt to evade or defeat taxes imposed by statute, failure to file a return, filing fraudulent reports of employee’s income and withholding or willfully failing to file such a report, failure to collect or pay payroll taxes, filing a fraudulent tax return, and filing false or fraudulent information to your employer to decrease the amount of withholding.
For these crimes, the IRS can attach fines anywhere from $1,000 to $100,000 along with maximum terms of imprisonment of 1 to 5 years.
If convicted, in addition to fines and potential terms of imprisonment, the IRS will seek a restitution order. This order requires that the defendant repay the full amount of tax found through criminal proceedings. The restitution order is paid as a term of sentencing and is also collectible through IRS civil court enforcement.
Civil enforcement officers provide the information used by the IRS in criminal investigations. The data is analyzed by the investigators to determine if a crime has been committed. After the primary investigation is complete, if it is found necessary, a subject criminal investigation will be opened. During this phase, the investigator will begin gathering evidence to use against the taxpayer in a criminal prosecution.
During a criminal investigation, evidence will be gathered, and the IRS Criminal Investigator will make a recommendation for prosecution to the Department of Justice and United States Attorney’s Office or discontinue the investigation. The Department of Justice Tax Division is the ultimate authority in determining to move forward with an indictment on criminal charges.
Our Bonita Springs Tax Attorneys Can Help with IRS Criminal Investigations
If you have been made aware that you are a subject of an IRS criminal investigation, do not delay in speaking with our tax attorneys in Southwest, Florida who can assist in preserving your rights through the criminal process.
Click here to schedule a no-cost, no-obligation consultation.