Miami Tax Evasion Attorney
What You Need to Know About Tax Evasion
Have you been accused of tax evasion? If you’re under investigation by the IRS or have been accused of any type of tax violation, our dedicated team at Beckham Law Firm may be able to help. We represent clients who are facing this serious federal charge and other white-collar criminal offenses.
With our extensive experience handling IRS violations and our understanding of viable defenses to tax-related crimes, we are confident in our ability to protect your interests. Our Miami tax evasion lawyers can answer your questions and offer knowledgeable insight related to your case during a complimentary consultation.
For seasoned guidance built on over 35 years of combined legal experience, call (786) 244-8010 or contact our Miami tax evasion lawyer online!
What is Tax Evasion in Miami?
The U.S. tax code is complex and can be difficult for any taxpayer to fully understand. It should come as no surprise that mistakes are often made on tax returns, but when does this become a crime? An innocent mistake may be remedied, but intentional attempts or acts of underreporting income or claiming fraudulent deductions may be considered tax evasion.
Tax evasion is a violation of Internal Revenue Code (IRC) § 7201. Willfully attempting to evade or defeat tax is a felony offense that is investigated by the Internal Revenue Service (IRS), prosecuted by the U.S. Attorney’s Office, and punishable by up to 5 years in prison and fines of up to $500,000.
Types of Tax Evasion in Miami
- Evasion of Assessment: This refers to the deliberate actions taken by individuals or entities to avoid the proper reporting or payment of taxes owed. This process typically involves misrepresentation or concealment of financial information from tax authorities, rendering the assessment and collection of taxes ineffective. Common methods of evasion include underreporting income and inflating deductions.
- Evasion of Payment: This refers to the act of unlawfully failing to pay the taxes owed despite having a clear assessment of the tax liability. This can occur when individuals or entities deliberately choose not to remit payment to the tax authorities or when they employ strategies to escape payment obligations altogether. Unlike evasion of assessment, which focuses on the misrepresentation of income or deductions, evasion of payment often involves a more direct refusal to comply with tax obligations once they are established. Common tactics for evasion of payment include utilizing fragmentation strategies, where individuals or businesses deliberately structure their affairs to conceal income or divert profits into entities in jurisdictions with lower tax rates or no taxes at all.
The IRS & Miami's Unique Economic Landscape
Miami's economic environment is characterized by its position as a gateway to Latin America, fostering a diverse and complex financial ecosystem. This unique setting prompts the IRS to pay special attention to financial activities here, especially with the high incidences of international trade and wealth exchange involving offshore accounts. Miami's economic vibrancy means that individuals and businesses often find themselves under increased scrutiny for tax-related actions.
Our understanding of this economic backdrop is integral to developing strategies tailored to the local context. Utilizing our insight into IRS operations fit for Miami's economic climate, Beckham Law Firm stands ready to address the potential challenges that arise from this scenario. By recognizing the interplay of international finance and local law, we can advocate effectively for our clients facing tax evasion inquiries.
Common Examples of Tax Evasion in Miami
Whether through evasion of assessment or payment, tax evasion may involve a wide range of specific actions. Our Miami tax evasion attorneys are prepared to represent individual taxpayers, accountants, and other tax professionals facing these criminal charges.
Frequently Asked Questions About Tax Evasion in Miami
What Are the Common Triggers for a Tax Evasion Audit?
A tax evasion audit can be triggered by various activities or inconsistencies. Common triggers include significant discrepancies between reported income and actual financial activity, substantial deductions that deviate from the norm for your income level, or undisclosed offshore accounts. The IRS utilizes several filters to assess the likelihood of tax evasion, often zeroing in on unusual financial behaviors that suggest underreporting or misrepresentation. Additionally, information received from whistleblowers or discrepancies found within your tax returns over successive years can prompt an audit.
How Can Hiring a Miami Tax Evasion Lawyer Help?
Hiring a tax evasion lawyer in Miami provides you with strategic advantages, given the specific economic and regulatory landscape of the area. A local lawyer will have insight into the IRS's investigative patterns within Miami, enabling them to build a defense informed by region-specific data.
Additionally, experienced legal counsel can navigate complex financial documentation and transactions prevalent in Miami's international business hub, assessing risk factors that may not be immediately apparent to less familiar parties. A qualified lawyer can assess your financial history proactively, recommending adjustments or disclosures to mitigate any IRS concerns before they escalate into formal charges.
What Defenses Are Available Against Tax Evasion Charges in Miami?
There are several potential defenses against tax evasion charges, each tailored to the specific circumstances of the accused. One common defense is proving the absence of willful intent to defraud the IRS. This often involves demonstrating that any inaccuracies in reporting were due to genuine mistakes rather than deliberate attempts to avoid taxes.
Another strategy may include showing compliance with advice received from financial advisors, which can illustrate good faith in tax filing practices. In Miami, where financial dealings are complex, demonstrating the accuracy and transparency of transactions, especially international ones, can be challenging but essential for defense.
Our experienced Miami tax evasion attorney is ready to defend your rights and guide you through the process. Call (786) 244-8010 or reach out online now to schedule a free, confidential consultation.
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Lack of IntentArguing you did not intend to evade taxes or commit tax fraud involves providing evidence that any inaccuracies in tax filings resulted from honest mistakes or negligence rather than a conscious effort to mislead tax authorities. For example, we might argue that you misunderstood complex tax laws or made errors when calculating deductions, thus lacking the intent necessary to establish evasion.
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Inaccurate Information from ProfessionalsWe may assert that you relied on the advice of tax professionals or accountants when filing your taxes. If a tax advisor provided incorrect or misleading information that led to reporting inaccuracies, this may serve as a valid defense. The argument here is that you operated under the belief that you were complying with the law based on expert guidance.
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Financial HardshipIn cases involving failure to pay taxes, demonstrating genuine financial hardship can be a defense strategy. We may argue that you were unable to meet your payment obligations due to unforeseen circumstances, such as sudden medical expenses or job loss. If successful, this defense might result in more lenient treatment from authorities or reduced penalties rather than being seen as engaging in deliberate evasion.
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Mistaken Classification or ReportingAccusations of tax evasion can sometimes stem from misclassification of income or the nature of deductions. In these situations, we can work to show that your classifications were based on reasonable interpretations of tax laws or that you did not have the necessary information to report accurately. For example, you could argue that you believed certain funds classified as gifts were not taxable.
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Constitutional or Procedural DefensesUnder certain circumstances, we could argue your rights were violated during the audit or investigation process. For example, evidence obtained through unlawful searches or seizures may be inadmissible in court, providing grounds for dismissing the case.
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Demonstrating that you have fully cooperated with tax authorities during an investigation can sometimes serve as a mitigating factor. This defense strategy asserts that you demonstrated good faith by providing requested documents and information, which may lead to a more favorable resolution, such as reduced penalties or even dismissal of charges.
Potential Defense Strategies for Tax Evasion
Below are several potential defense strategies that can be employed in tax evasion cases:
Defending against allegations of tax evasion requires a nuanced approach, often centered
on establishing that the accused did not have the requisite intent or that any alleged
misconduct was the result of misunderstandings rather than deliberate actions.
Our Miami tax evasion lawyers can carefully investigate your unique circumstances
to determine the best available defense strategy.
Why Partner with Beckham Law Firm?
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Distinguished ReputationOur reputation is backed by numerous awards and recognitions.
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Comprehensive Team ApproachWe give you the benefit of three accomplished attorneys.
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35 Years of Combined ExperienceOur team will help you get the results you deserve.
