NYC Tax Evasion Lawyers

Tax evasion is considered a serious crime and is penalized as such in the state of New York. At Cohen Forman Barone, LLP, our NYC tax evasion attorneys are well-versed in the complexities of these cases and are ready to protect your rights, advocate for your interests, and explore all possible defenses on your behalf.

Call Cohen Forman Barone, LLP today at (212) 577-9314 or contact us online to schedule a consultation with our tax evasion attorneys in NYC.

What is Tax Evasion?

Tax evasion occurs when an individual or entity deliberately misrepresents or conceals their financial information to reduce their tax liability. This typically involves underreporting income, inflating deductions, hiding assets, or engaging in other deceptive practices to lower one's tax obligation. Tax evasion differs from tax avoidance, which involves legitimate strategies to minimize tax liability within the bounds of the law.

Tax evasion is a federal and state-level crime, and in New York, it is treated with utmost seriousness. The Internal Revenue Service (IRS) and the New York State Department of Taxation and Finance (NYSDTF) are vigilant in detecting and prosecuting instances of tax evasion. Individuals or businesses suspected of tax evasion can face criminal charges and severe penalties.

What are the Penalties for Tax Evasion in New York?

Tax evasion in New York carries harsh penalties that can significantly impact your life, finances, and reputation. Understanding these penalties is crucial to appreciate the gravity of the situation and the importance of obtaining skilled legal representation.

• Criminal Charges: Tax evasion is a criminal offense, and you may face criminal charges if you are found guilty. These charges can lead to fines, probation, restitution, and even imprisonment.
• Civil Penalties: In addition to criminal penalties, tax evaders may be subject to civil penalties, including substantial fines and the repayment of unpaid taxes with interest.
• Asset Seizure: Authorities may seize your assets to satisfy unpaid tax debts. This can include bank accounts, real estate, vehicles, and other valuable possessions.
• Reputation Damage: A tax evasion conviction can seriously damage your personal and professional reputation, making it difficult to secure employment, loans, or professional licenses.
• IRS Audits: A tax evasion investigation can trigger a thorough audit of your financial records, which can be invasive, time-consuming, and costly.
• Criminal Record: A conviction for tax evasion will result in a criminal record that can impact your ability to secure housing, employment, or obtain credit.
• Incarceration: Depending on the severity of the particular offense, you may face imprisonment, further affecting your personal and professional life.

Defenses Against Tax Evasion Charges

Some common defenses against tax evasion charges may include:

• Lack of Intent: Tax evasion requires intent to deceive or defraud. It may be a valid defense if you can demonstrate that you made an honest mistake and had no intention to evade taxes.
• Mistaken Identity: If you can prove that someone else used your identity or engaged in fraudulent activity without your knowledge, this could be a strong defense.
• Factual Disputes: Disputing the facts and figures the prosecution presents can be an effective defense strategy. This may involve challenging the accuracy of the government's calculations or evidence.
• Statute of Limitations: Tax evasion charges must be filed within a certain timeframe. If the statute of limitations has expired, your charges may be dismissed.
• Coercion or Duress: This could be a viable defense if you can demonstrate that you were forced or threatened into committing tax evasion.
• Insufficient Evidence: If insufficient evidence proves your guilt beyond a reasonable doubt, we can argue for the case's dismissal.