Federal and State Tax Fraud Is a Serious Crime – Our Tax Fraud Lawyer Will Work Hard to Prove Your Innocence.
The term tax fraud refers to a variety of crimes of varying degrees of seriousness that are prosecuted under federal and state laws. You may be guilty of committing a tax fraud crime if you seek to avoid paying taxes by intentionally submitting false tax returns, fail to file your tax return when tax is owed, under-report your taxable income, or claim excess deductions that reduce your tax liability, among other things. Or your case may just be a matter of tax negligence, which means you or your preparer may have made a careless mistake, but the act wasn’t intentional and so wasn’t criminal. Negligence may come with civil fines, but not criminal penalties.
The process leading up to prosecution of tax fraud is complicated and multifaceted, but this can be an advantage to the taxpayer. Since there are multiple tiers that your case has to go through, with the help of our skilled New York tax fraud lawyer your innocence may be proven at a lower level, and you may never face prosecution.
Investigations progress through several levels. With the help of our tax fraud attorney, your case may resolve early and you may never face prosecution.
If you are being investigated, you shouldn’t hesitate to engage our tax fraud attorney. Our experienced tax lawyer knows how the IRS and the New York state tax department operates, understands tax laws and the tax system, and can anticipate problems to work toward a successful resolution. Don’t take a chance with your finances and possibly your freedom. Call Timothy S. Hart for help today.
Get Answers from Our Skilled New York Tax Fraud Attorney
Being investigated for a tax crime is frightening and upsetting. If you are being investigated or charged, you probably have many questions about how the process works and what it could mean to your financial and personal future. Our New York tax fraud lawyer understands the intricacies of tax fraud laws, why cases are investigated and why they are turned over for prosecution. He answers some common questions that he gets here. However, we know that every case is unique.
To get answers to questions about your specific situation and learn how Timothy S. Hart can help you, reach out today by calling our NYC office at (917) 382-5142 or our Albany office at (518) 213-3445 for a free consultation.
Why Choose Us?
You need someone on your side that understands tax fraud cases and what to do. Experience and knowledge of the different areas of taxes are what matters. Timothy S. Hart practices in tax law and is a licensed CPA. He brings with him unique perspectives that will help in your case. You always work with Attorney Hart and he will never pass you off onto another attorney that has less experience. He works with you throughout the case to create a successful outcome for you.
Attorney Hart uses innovative solutions that will solve your tax problems. He practices in many different areas, including filing unfiled tax returns, tax audits, voluntary disclosures, and criminal investigations. He uses his knowledge and experience to create a successful ending to your tax fraud case.
Contact New York tax fraud attorney, Timothy S. Hart today at (518) 213-3445 (Albany) or (917) 382-5142 (New York City) and get your free consultation. You will speak directly with Attorney Hart and he will know what to do to help you. A tax investigation is a serious situation, and you need someone on your side who knows what to do. Call the New York tax fraud lawyer now.
Our attorney is both an educated tax lawyer and a Certified Public Accountant. When you work with our firm, you will work one-on-one with him and get the full benefit of all his knowledge and experience. Your case will never be handed off to a less experienced associate.
Penalties You Could Face if Found Guilty of Tax Fraud
The penalties for tax fraud range in severity depending on the specifics of the charges. People found guilty of committing tax fraud can be subject to fines and penalties, prison time or probation, paying prosecution fees and, of course, paying all the back taxes they owe. Fines for tax evasion can cost an individual up to $250,000 and a corporation up to $500,000. Just one count of felony tax fraud can result in a five-year prison sentence. Add more counts to that and a person who is convicted could spend decades behind bars.
Taxpayers found guilty of fraud may face hefty fines, imprisonment or both. If you are being investigated, get legal help today.
According to the United States Sentencing Commission, in a single recent year, nearly two-thirds of convicted tax fraud offenders were sentenced to prison time. The average sentence length was 16 months. You can see that the IRS takes tax fraud seriously, as do New York State and other state tax agencies. If you believe you may have inadvertently committed fraud or are being investigated even though you are sure you are innocent, reach out today. New York tax fraud attorney Timothy S. Hart will stand up for your rights and interests.
Steps the IRS Takes to Prove Tax Fraud Cases
There are some basic steps the IRS follows to prove a tax fraud case. They must show that the…
- Relevant amounts are taxable income to the taxpayer
- Income was received by the taxpayer
- Income was not reported
- Taxpayer was personally involved in the failure to report the income.
In working to prove tax fraud, the IRS uses various investigative methods.
Methods for Investigating Tax Fraud
In some cases, investigators focus on specific issues or transactions. Their key objective is to prove that a taxpayer earned more money than is reported on their tax returns. They might also try to prove that deductions, expenses, or credits are overstated or nonexistent. To do so, they might speak to the taxpayer’s accountant, ex-wife, employees, or anyone else who may have direct knowledge of the issue at hand.
If the IRS decides they want to invest more time and energy in a case, they may seek to build up an overall picture of a taxpayer’s finances to identify fraudulent practices.
They might look at a person’s assets at the beginning and end of the year to determine whether improvements in net worth were reflected in tax returns. Or they might carefully examine a person’s bank accounts to see what money flows in and out and where it comes from and how much is claimed. Or they may use the expenditures method, which looks at whether regular, everyday spending throughout the year exceeds reported income on tax returns.
These are very basic descriptions of how these methods work, but you can be sure the IRS or New York authorities are very focused on every detail when they take on tax fraud investigations, and they won’t leave any stone unturned.
Frequently Asked Questions to Ask an NYC Tax Fraud Attorney
Tax fraud is a willful attempt to avoid paying taxes. You may be found guilty of committing tax fraud if you intentionally:
- Under-report taxable income
- Claim excessive deductions, exemptions, or tax credits
- Knowingly falsify tax returns
- Do not file your tax return when tax is owned
- Fail to pay what you owe
- Fail to keep tax records
- Keep two sets of financial books
- Use a fake Social Security number
- Conceal assets
- Fail to cooperate with tax authorities
- Engage in or attempt to conceal illegal activities
- Prepare income tax returns that take excess deductions or claim incorrect dependents
- Make false statements.
If you are being investigated by the IRS or state authorities for one or more of these things, contact tax fraud attorney Timothy S. Hart for help.
Tax fraud can be a felony or a misdemeanor crime, depending upon the specific type of fraud and the circumstances. For example, tax evasion is a felony. Less serious crimes, such as willfully failing to file a tax return, are misdemeanors. But state and federal tax laws are very complicated and change frequently. Don’t try to go it alone against the IRS or New York tax authorities if you are being investigated or if you have been charged. You stand a stronger chance of a better outcome when you have a skilled legal representative on your side who practices tax law.
A criminal tax investigation can be initiated at any time. Often it will originate from a civil tax auditor working for the IRS or New York State who believes that there is illegal conduct. If the investigation is by the IRS, their Criminal Investigation Division (CID) will be building the case against you. If the tax fraud initiates in your state, the investigation will be done by either the state Attorney General or the county District Attorney for the county that you reside in. In either case, these agencies employ agents and investigators who are skilled in finding tax fraud and tax evasion. Once the investigation is complete, the agent may well recommend prosecution.
To best protect your rights, do not discuss tax issues with the investigators, or any other person, until you obtain legal counsel who specializes in tax law issues. A criminal tax fraud or tax evasion charge against you has the potential to result in imprisonment. When you learn or suspect that you may be the target of a criminal investigation, your best course of action is to immediately contact an experienced tax attorney who has the training and experience to assist you. Our attorney is licensed to handle IRS matters in all 50 states and can also help you if you have a New York State tax fraud or evasion issue.
You may or may not be eligible for IRS tax amnesty, depending upon your situation. Tax amnesty is an opportunity for taxpayers to pay some or all of what they owe in back taxes in exchange for forgiveness of penalties or interest and without fear of prosecution. Amnesty is typically not available once tax authorities have started an investigation of past due, unpaid taxes.
In New York State, this program is known as the voluntary disclosure and compliance program. In the New York state program, the taxpayer makes written disclosure to the tax department describing what taxes they owe, such as unfiled returns, filed returns with underreported income or excess deductions or unfiled sales tax returns for businesses. Once the tax department accepts the disclosure, they enter into a contract with the taxpayer and the taxpayer files the needed tax returns. The balance owed for unreported income or unfiled sales tax returns can be paid all at once, or a payment plan can be established. The voluntary disclosure process is a good way to potentially avoid a criminal charge, whether it’s an income tax, payroll tax, or sales tax offense.
Tax fraud is increasingly common, with 15.5% of all taxpayers not completely following the law.
Investigators will look at different pieces of information including banking transactions, execute search warrants, interview witnesses, and conduct surveillance.
A tax fraud investigation is from filing your taxes late, not paying on time, or submitting mistakes that need correcting. These are all red flags that increase the chances of an investigation.
A tax investigation can go back as far as required. The average time frame for all investigations is four years.
How We Can Help
We can help you to solve your tax issues. Anytime you are under investigation, you may not be sure what to do or who can help. Timothy S. Hart is a licensed CPA who practices in many areas of tax law, and he has the knowledge and experience to protect you. Regardless of what is happening, you have rights, and he will make sure that these are respected.
Attorney Hart specializes in finding creative solutions for any tax situation. He works with clients from all walks of life, from large corporations to middle-class families. He helps them to put their tax issues behind them so they can move on.
Our New York tax fraud attorney can do the same thing for you. We offer a free consultation to go over your case and the best options. We will handle everything and leave nothing to chance. You work with Tim and will never be passed on to another lawyer with less experience.
Call Timothy S. Hart today at (518) 213-3445 (Albany) or (917) 382-5142 (New York City). Tim will go over your case for free. He uses his knowledge, experience, and creative solutions to fight for you. Contact Tim now and get your free consultation.
Penalties You Could Face if Found Guilty of Tax Fraud
The penalties for tax fraud range in severity depending on the specifics of the charges. People found guilty of committing tax fraud can be subject to fines and penalties, prison time or probation, paying prosecution fees and, of course, paying all the back taxes they owe. Fines for tax evasion can cost an individual up to $250,000 and a corporation up to $500,000. Just one count of felony tax fraud can result in a five-year prison sentence. Add more counts to that and a person who is convicted could spend decades behind bars.
Taxpayers found guilty of fraud may face hefty fines, imprisonment or both. If you are being investigated, get legal help today.
According to the United States Sentencing Commission, in a single recent year, nearly two-thirds of convicted tax fraud offenders were sentenced to prison time. The average sentence length was 16 months. You can see that the IRS takes tax fraud seriously, as do New York State and other state tax agencies. If you believe you may have inadvertently committed fraud or are being investigated even though you are sure you are innocent, reach out today. New York tax fraud attorney Timothy S. Hart will stand up for your rights and interests.
Client Testimonial
”Without exception, Timothy Hart is the most competent, meticulous, professional and responsive tax attorney I have ever worked with (he deserves 10-stars.) Timothy went the extra mile in every situation—and was committed to completing the task—even when I was frustrated and running out of steam. I am deeply grateful to Timothy for his level of service and commitment, and will recommend him to anyone in need.” – Phillip Underhill (Google Review)
Timothy S Hart, the founding partner of the tax law firm of Timothy S. Hart Law Group, P.C. is both a New York Tax Lawyer & Certified Public Accountant. His area of expertise includes innovative solutions to solve your Internal Revenue Service and New York State tax problems, including tax settlements through the Federal and New York State offer in compromise programs, filing unfiled tax returns, voluntary disclosures, tax audits, and criminal investigations. [ 
