What is the Difference Between Tax Fraud and Tax Evasion?

Words tax fraud, calculator and wooden gavel.

Tax fraud and tax evasion are crimes that involve illegally avoiding tax obligations. The crimes may be accomplished by concealing income, overstating deductions, or otherwise falsifying information to reduce tax obligations. The penalties for tax fraud and tax evasion can be severe and may involve substantial fines, jail time, and forfeiture of assets.

If you are under investigation or have been charged with tax fraud or tax evasion, you must act quickly to protect your rights. Criminal defense attorney Hope Lefeber is a staunch and tenacious defender of people accused of white-collar crimes in federal court. She is tireless in her pursuit of justice and will aggressively challenge the government’s theory of the case as she works to obtain optimal results for her clients. Ms. Lefeber is regularly called upon to represent accountants, CPAs, businessmen and businesswomen, individuals, and corporate taxpayers who are under investigation or have been charged with federal tax crimes, including tax fraud and tax evasion.

To put her experience to work for you, contact the Law Offices of Hope Lefeber today to schedule a confidential appointment to discuss your situation and how she can help.

What Is Tax Fraud?

Tax fraud is the crime of willfully falsifying tax documents or concealing property or assets to avoid tax liability by deceiving the government. Examples of tax fraud include:

  • Underreporting income
  • Diverting or transferring income
  • Inventing, inflating, or overstating deductions
  • Claiming false tax credits
  • Claiming deductions for business expenses that were actually for personal use
  • Hiding assets
  • Using false documents for purposes of tax avoidance
  • Using a false social security or tax ID number on a tax return

Tax fraud is typically discovered by the IRS during an audit. Once the IRS identifies possible tax fraud, it is turned over to the criminal division of the IRS and they turn the case over to the Department of Justice, which may file criminal charges.

The penalties for willfully making false and fraudulent statements can be extremely high, depending upon the amount of tax loss. A single count of conviction carries a penalty of up to 3 years imprisonment, forfeiture and a fine of up to $100,000.00. However, the government typically charges multiple counts to enable the imposition of a sentence within the guideline range for the amount of tax loss.

What Is Tax Evasion?

Tax evasion occurs when a person uses illegal means to “evade or defeat” their full tax liability. Examples of tax evasion include:

  • Willfully evading the payment of tax obligations
  • Diverting Income
  • Hiding income
  • Transferring assets to avoid tax obligations
  • Maintaining unreported offshore accounts
  • Using cash to conceal income

The penalty for a single count of federal tax evasion is up to 5 years in prison, forfeiture and fines of up to $100,000 for individuals ($500,000 for corporations)

What Is the Difference Between Tax Fraud vs. Tax Evasion?

The differences between tax fraud and tax evasion are subtle but largely turn on the severity and extent of the alleged deception. Tax fraud involves willfully submitting to the IRS a document that is known to be false or fraudulent. Tax evasion is a broader crime that applies to any willful attempt to avoid paying taxes. Both crimes are typically charged as felonies and carry severe penalties that may include substantial fines, imprisonment, and asset forfeiture.

How Can a Federal Criminal Defense Lawyer Help?

Hope Lefeber has been representing people accused of tax fraud, tax evasion, and other white-collar federal crimes for more than 30 years. She is routinely called upon by tax preparers, accountants, CPAs, businessmen and women, and others who are under investigation or facing criminal charges for tax fraud, tax evasion, and other white-collar crimes. Together with a team of expert forensic accountants and investigators, she analyzes and deconstructs criminal tax cases to achieve optimal outcomes by reducing the tax loss for her clients. She will carefully examine your financial situation to identify the most effective defense strategy with the singular goal of reducing or eliminating the potential criminal penalties.

If you believe you are under investigation or have been charged with a tax crime, you need experienced, aggressive legal representation. Hope Lefeber began her career as an enforcement attorney with the Security and Exchange Commission, where she learned first-hand how the government investigates, prepares, and prosecutes federal white-collar crimes. Today, she uses that experience to defend people charged with tax crimes to help them achieve the best results.

Facing Federal Tax Crime Charges? Contact the Law Offices of Hope Lebefer Today

To put the expertise of an experienced federal criminal tax crime defense lawyer to work for you, contact the Law Offices of Hope Lefeber today.