Hi, thank you for joining us and welcome to this installment of David W Crossings clarifying tax situations. What's involved with coming back into the system after being a non-filer? Well, I'd start by telling my clients that each year the IRS receives over 200 million returns from individuals and businesses in the United States. But despite this nearly universal obligation to file taxes in the United States, it's estimated that millions of taxpayers don't file taxes annually. The first thing we have to address is if you're a W-2 wage earner and you've had sufficient withholdings, you may have been looking at refunds on those returns. However, if you file a return after the statute of limitations has run for a refund, you will not receive that refund. The bottom line in this area is if you're a non-filer, the government has both a carrot and a stick to offer you. The stick is the risk of criminal prosecution and adverse ramifications when you come back into the system. The carrot will explain to you voluntarily. Finally, non-filers face increased risk of IRS criminal prosecution or adverse enforcement action upon re-entering the system. What's most important for you to know is that regardless of your lack of criminal intent to commit fraud, the IRS may nevertheless perceive your actions to be part of a scheme to defraud the US government of tax revenue. Dropping out of the system is serious business, and you need someone who understands how to get you back in. The big issue here is whether your actions of non-filing were willful or non-willful. Willful failure to pay taxes means that you intentionally and voluntarily disregarded a known legal duty. In other words, you knew you had an obligation to file taxes, you knew you had taxable income, and you...
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Tax evasion felony or misdemeanor Form: What You Should Know
Penalties for subsequent convictions increase over time and if the defendant is in possession of proceeds of crime Is Tax Evasion a Felony? — HG.org | CPA Review Is Tax Evasion a Felony in Georgia: What Kind of Evidence Do You Need? — HG.org The evidence to support a conviction of tax fraud is much more than the crime. What is considered tax fraud? Felony charges are based on the elements of guilt, such as knowledge, fraud or deceit and culpable mental state. What is the difference between a felony and misdemeanor? Felonies are considered crimes; misdemeanors are considered infractions. What is a conviction for a felony like for a drug crime? The felony conviction is equivalent to the felony charge against the defendant. Under what circumstances can property be seized during a felony investigation? Property subject to seizure during the course of a felony investigation may include cash, goods and securities. What is a felony penalty, or maximum term of imprisonment? Felons are subject to terms of imprisonment commensurate to the severity of the crime. An individual serving a term of prison for felony can be placed on parole in a year of completion. What about tax penalties in Georgia if you have been convicted of tax fraud? Under GA Code § 63-7-31, a judge can impose a fine and/or imprisonment. If the judge orders the forfeiture of any property or money owned by the defendant, the defendant is not allowed to possess any property or money and the person must repay any property. What is the process to challenge your criminal record in Georgia? If you are convicted of any felony the courts can order your criminal record expunged. Your conviction is treated the same as a conviction on a misdemeanor. Can I be required to pay back taxes if I am convicted of tax fraud? Yes. If convicted of tax fraud, it is imperative that you pay the taxes due on all your tax returns and be aware that you will likely be subject to penalties as a result of your conviction. If convicted of a misdemeanor for tax fraud the court may order the defendant to pay the taxes due on your taxes and/or return any and all property seized or received in connection with your transaction. How is Tax Fraud committed in Georgia? The tax fraud is committed under penalty of perjury.
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