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Tax Evasion Fraud

Regardless of which country you belong to, as a working citizen, you are legally responsible to file a tax return each year, declare your income honestly, and pay the taxes due. Deliberately falsifying the declaration, or hiding assets and incomes with the intention of defrauding the system constitutes a tax fraud. While many commit tax fraud intentionally, others end up committing tax fraud out of ignorance or negligence. Lawyers on JustAnswer frequently answer questions about tax fraud. Below are a few of the more common tax fraud questions:

How can you report an individual or company committing tax fraud?

If you suspect or know of an individual or company that is not complying with the tax laws, you may report this activity by completing Form 3949-A. You may fill out Form 3949-A -online, print it and mail it to:
Internal Revenue Service
Fresno, CA 93888

If you do not wish to use Form 3949-A, you may send a letter to the address above. Please include the following information, if available:

  • Name and address of the person you are reporting
  • The taxpayer identification number (social security number for an individual or employer identification number for a business)
  • A brief description of the alleged violation, including how you became aware of or obtained the information
  • The years involved
  • The estimated dollar amount of any unreported income
  • Your name, address and daytime telephone number

Although you are not required to identify yourself, it is helpful to do so. Your identity can be kept confidential. You may also be entitled to a reward. You do not need to retain an attorney to report tax fraud; however you may have additional questions regarding tax fraud or tax evasion that the Lawyers on JustAnswer may be able to answer.

Who do I contact about inheritance tax fraud?

The first place anyone that suspects inheritance tax fraud should contact would be the Inheritance and Probate Tax helpline. They will provide instructions on how to compile a report on tax evasion issues as well as provide a phone number for the tax evasion hotline.

If someone suspects and reports tax fraud, and the suspicions turn out to be false, are they liable for misrepresentation?

If someone suspects tax fraud, they can file a report under the IRS whistleblower rules. Many times if there is enough information provided, the person reporting the fraud may be entitled to a reward. Any information that you give the IRS is kept confidential and will not be shared. You will not be given status updates and there would be no way for you to know whether your suspicions were accurate or false. You would also not be held liable if your suspicions happened to be false.

Is there a statute of limitation on tax fraud?

In the United States, as per the IRS rules and regulations, the following statute of limitations apply with regard to different types of tax fraud;

  • Civil Tax Fraud – No statute of limitations, tax can be assessed at any time.
  • Criminal Tax Fraud (Evasion): The criminal statute of limitations is only on the prosecution of the crime i.e. tax evasion (not the assessment of tax owed). Generally, three (3) years after the offense is committed. Six (6) years for specified offenses (including: unreported income) (IRC §6531). Under Federal Criminal Code (Title 18 U.S.C.A.) 5 years after the commission of a crime. The statute begins to run when the last of the acts constituting the tax evasion is committed.

If someone is under a serious tax fraud investigation, can they sell or gift their property and claim bankruptcy?

Tax fraud laws state that you cannot gift any fund to someone else to avoid creditors. If you have received a letter from HMRC stating they have information regarding the property, then you probably need to seek legal counsel that specializes in tax evasion. If the property was a rental property, you can calculate how much tax you would owe by totaling up the rental amounts received. Take into account the tax, interest, and repairs you have carried out over the years and deduct it from the total rental money that was received per property.

Whether you are facing charges of tax fraud or are aware of someone else who may be committing tax fraud, being aware of the legal implications is the only way to make the right decisions. Besides consulting an attorney, asking the opinion of Lawyers on JustAnswer could help you get answers to your legal questions about tax fraud — quickly and affordably.

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