The state of Nebraska issues exceptionally harsh penalties for tax fraud convictions. A guilty verdict for tax fraud or tax evasion could result in a felony conviction, which could drastically impact your future, and significant financial penalties. An Omaha tax fraud lawyer can help you build a strong defense against your allegations.
By working with an experienced white-collar crimes attorney at Berry Law, you can ensure that your case gets the aggressive representation it deserves. It is vital to hire an attorney who is well-versed in federal and state tax laws and understands the severity of a criminal conviction for tax fraud.
Tax Fraud vs. Tax Evasion
Tax fraud and tax evasion are related but separate charges. Tax fraud is an umbrella term that encompasses a wide range of tax-related offenses. Tax evasion is one of these offenses. The crime of tax fraud refers to a person or company purposefully submitting false information on their tax return to reduce what they owe to a state or federal tax authority.
Tax evasion is a form of tax fraud and occurs when an individual or company purposely circumvents their tax obligation, either by failure to pay or underpaying the amount owed to the applicable tax authority. Besides tax evasion, a charge for tax fraud may also be accompanied by other related offenses such as record falsification and money laundering.
Defenses to Tax Fraud Charges in Omaha
There may be numerous potential defenses that an Omaha attorney can use to your advantage in a tax fraud case. The prosecution must demonstrate your guilt beyond a reasonable doubt and that you intentionally committed the alleged tax offense. They must also demonstrate a discrepancy between your tax obligation and what you paid.
If there was no discrepancy in your tax payments and the amount you owe, it may be possible to motion for an acquittal of charges. Further, if there is a lack of intent on the part of the accused, then the prosecution would be unable to prove that you purposefully committed the alleged tax fraud.
Tax Penalties and Legal Punishments
Nebraska Revised Statutes §77-2790 contains the various penalties associated with a conviction for tax fraud and evasion. Under this statute, if a tax discrepancy is the product of intentional deception, the Tax Commissioner has the authority to assess a tax penalty totaling half of the variance found. When a tax discrepancy was unintentional and exists due to carelessness, the Tax Commissioner can still assess a 5% penalty.
When a taxpayer intentionally claims more exemptions than they are entitled to, they can be charged with a Class II misdemeanor. A Class II misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.
According to Neb. Rev. Stat. §77-2713, if a person files or helps someone file a deceptive or fraudulent tax return, they can be charged with a Class IV felony. In Omaha, Class IV felonies are punishable by up to two years in jail. A fine of $10,000 may also be assessed. A local attorney can advise you on the type of sentence and/or tax penalties that are associated with your specific tax fraud charges.
Speak with an Omaha Tax Fraud Attorney
An Omaha tax fraud lawyer can help defend your fundamental rights and freedoms if you have been charged with a tax crime. Our attorneys can help you gain a thorough understanding of your rights and develop a plausible defense strategy. Call Berry Law now to arrange your confidential consultation.