White Collar Crime Attorney Oakland, CA
A white collar crime attorney Oakland, CA trusts knows that no one likes to pay income taxes. Most of us can think of countless items we would rather spend our money on than giving it over to the IRS. However, the majority of people also understand that no matter how we feel about our tax obligation, we are legally required to pay our taxes or face serious civil and/or criminal consequences.
It can be very frustrating to find out that an individual or organization is not reporting their true income to the IRS or they are participating in schemes that help them avoid paying their actual tax obligations. Not only is this type of activity unfair to the rest of us who do pay what we owe, but it can also cause harm to other unsuspecting people who become victims of these schemes.
No matter what the type of tax fraud that is being committed, the IRS has the tools in place where taxpayers can report the fraud directly to them. The agency has different forms that taxpayers can use, depending on what type of tax fraud is being committed. These forms do not require the individual reporting the alleged fraud to identify themselves, however, the IRS does encourage people to do so. Those that do identify themselves may be asked to testify against the party they are reporting should an investigation result in criminal charges being filed. If someone has reported you for tax fraud, contact an Oakland, CA white collar crime attorney immediately.
The following are some of the more common types of illegal activities that are reported to the agency and the form that should be used:
- Information Referral Form 3949-A: This form is used to report parties that do not report income, fails to pay taxes, or files false returns. This form is also used to report organizations or individuals to claim false exemptions or deductions, or the improper withholding of taxes. The form does request the individual reporting to provide as much information as possible, including the contact information of the party they are reporting, tax ID or Social Security number, the timeframe the alleged fraud took place, and a description of the type of fraud that was committed.
- Complaint: Tax Return Preparer Form 14157 and Tax Return Preparer Fraud or Misconduct Affidavit Form 14157-A: These forms are used to report a company or individual who prepares tax returns and is involved in an illegal tax scheme.
- Report Suspected Abusive Tax Promotions or Preparers Form 14242: This form is used to report a company or individual who is promoting a tax-paying avoidance scheme.
- Tax-Exempt Organization Complaint Form 13909: This form is used to report alleged tax fraud by any tax-exempt organization. Examples of tax-exempt organizations include charities and religious organizations.
Another form of tax fraud that many people may not realize takes place involves victims of identity theft. It is not uncommon for an individual who has had this happen to them to discover that the offender had also filed fraudulent tax returns or obtained employment under their name and Social Security number. Should this happen, the victim should file Identity Theft Affidavit Form 14039 with the IRS.
Negligence or fraud?
You may be wondering what a white-collar crime attorney Oakland, CA offers can tell you about intent when it comes to tax fraud. Is there any difference between negligence or intentional tax fraud? This answer is yes. Many people who are filling out their taxes have a problem with understanding what they are supposed to report or which boxes they may need to check. This is where it would not only be helpful to have an expert’s opinion when it comes to double-checking your taxes but even the help of an attorney. When you believe you have reported the wrong thing on your taxes and are concerned that you could be facing serious punishments, do not hesitate to call an attorney to see how they can help you.
What ways do people cheat on their taxes?
One of the most common ways that people choose to cheat on their taxes is probably one of the easiest ways: a person will not report their correct income. Many people choose to underreport what they made in a business year, and others may choose to over-deduct on business-related expenses. This is particularly true of people who are self-employed. It is true that many people who are self-employed may have a need to use their car and should be reporting their gas-use. However, if you do not need your car for work-related purposes but choose to report expenses like getting a car washed/detailed or filling the tank up with gas, this is tax fraud.
Is it possible to be negligent when it comes to reporting your taxes?
We understand that not every instance of incorrect reporting is actually tax fraud. In fact, most IRS auditors have specialized training that will help them determine if any error you made on your taxes was a simple mistake or if it was intentionally done. That said, auditors can make the wrong call and you may find yourself being accused of a crime you did not commit. When this is the case, you should not wait any longer to call your trusted attorney. Not only can you be slapped with large financial penalties for this type of white-collar crime, but you can even go to prison. If you believe you are being accused of a crime like this, please contact the lawyer Oakland residents know and trust.
How a White Collar Crime Attorney in Oakland, CA Can Help
While there are some people who intentionally commit tax fraud, there are a great many more who unknowingly make errors on their tax returns or some other party has created the unfortunate – and often criminal – situation. An Oakland, CA white collar crime attorney understands how frightening it can be knocking on your door, threatening to seize everything you own.
If you have been accused of tax fraud, call the Hallinan Law Firm immediately. Our office with schedule a schedule with a seasoned white collar crime attorney Oakland clients recommend to determine what your legal options may be.