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  <title><![CDATA[Criminal Tax Violations Archives | Farmington Hills Criminal Defense Law Blog]]></title>
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  <id>tag:bjffhmi.firmsitepreview.com,2013-03-21:/blog/68694</id>
  <updated>2017-04-25T13:31:30Z</updated>
  <subtitle><![CDATA[This is the Criminal Tax Violations archive for Farmington Hills Criminal Defense Law Blog.]]></subtitle>
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<entry>
  <title><![CDATA[Focus on FATCA: Any chance this tax-fraud law could be repealed?]]></title>
  <link rel="alternate" type="text/html" href="http://bjffhmi.firmsitepreview.com/blog/2017/04/focus-on-fatca-any-chance-this-tax-fraud-law-could-be-repealed.shtml" />
  <id>tag:www.friedmancriminallaw.com,2017:/blog//68694.2572754</id>
  <published>2017-04-25T13:32:30Z</published>
  <updated>2017-04-25T13:31:30Z</updated>
  <summary><![CDATA[To its adherents (chiefly tax officials and government bureaucrats looking for ways to increase incoming revenues), it is winning legislation of the highest order. To those who oppose it, though (a broad-based amalgam of business groups, legislators, privacy-rights advocates and...]]></summary>
  <author>
    <name><![CDATA[On behalf of The Law Offices of Bradley J. Friedman]]></name>
    
  </author>
  
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    <![CDATA[<p>To its adherents (chiefly tax officials and government bureaucrats looking for ways to increase incoming revenues), it is winning legislation of the highest order.</p> <p>To those who oppose it, though (a broad-based amalgam of business groups, legislators, privacy-rights advocates and taxpayers), it simply spells anathema, and needs to be eradicated without delay.</p>]]>
    <![CDATA[<p>"It" is the federal statutory law commonly denoted in shorthand form as FATCA.</p> <p>Those who know a great deal about FATCA also readily recognize it as the Foreign Account Tax Compliance Act, hard-hitting legislation that was made law under the Obama administration.</p> <p>FATCA fans note the law's stated imperative: to catch, penalize and punish individuals and business entities that try to hide money in offshore accounts in order to avoid paying taxes that are owed to the IRS and tandem state organs.</p> <p>Critics deride much -- in fact, almost everything -- about the law, noting an alleged overly aggressive role played by tax authorities and government probing that is clearly detrimental to privacy rights. They point to the alarming exodus of Americans who fear FATCA's reach and objectives so much that they are giving up citizenship, and they additionally caution legislators that FATCA has a pernicious effect in dampening global foreign investment and cutting off Americans from valuable foreign funding.</p> <p>And then there's this: Although tax officials say that they are simply seeking to uncover tax evasion and other criminal tax-related acts, a growing band of citizen taxpayers counter that they are being ensnared for conduct that is arguably not illegal.</p> <p>Many people note, too, that they have engaged in behavior pronounced illegal only unwittingly, and that FATCA's pronounced complexity and ambiguity have put overseas taxpayer actions of every type under a cloud.</p> <p>Their complaints resonate with many on Capitol Hill, where the Republican Party has made it an official platform plank to push for FATCA's repeal.</p> <p>The wheels are now spinning, with <a href="http://thehill.com/policy/finance/327699-gop-lawmakers-offer-bill-to-repeal-offshore-tax-law" target="_blank" >clear anti-FATCA momentum being noted via a bill recently introduced in the House of Representatives</a>.</p> <p>Although critics have long objected strenuously to FATCA's mandates as being overreaching and constitutionally suspect, they have been unable to do much more than object.</p> <p>Given Republican control of both congressional branches and the White House currently, though, they now have the political traction to perhaps materially alter the law or, as noted herein, dismantle it completely.</p> <p>Time, of course, will tell.</p>]]>
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<entry>
  <title><![CDATA[All underpayment isn't tax fraud]]></title>
  <link rel="alternate" type="text/html" href="http://bjffhmi.firmsitepreview.com/blog/2016/09/all-underpayment-isnt-tax-fraud.shtml" />
  <id>tag:www.friedmancriminallaw.com,2016:/blog//68694.2219582</id>
  <published>2016-09-09T18:27:55Z</published>
  <updated>2016-09-09T18:26:55Z</updated>
  <summary><![CDATA[The government expects you to fill out your tax forms properly. You're supposed to pay the full amount that you owe, and underpayment is illegal. That said, any underpayment isn't going to lead to an arrest, jail time and...]]></summary>
  <author>
    <name><![CDATA[On behalf of The Law Offices of Bradley J. Friedman]]></name>
    
  </author>
  
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    <![CDATA[<p>The government expects you to fill out your tax forms properly. You're supposed to pay the full amount that you owe, and underpayment is illegal.</p> <p>That said, any underpayment isn't going to lead to an arrest, jail time and huge fines. It's not all tax fraud. If you're always nervous while trying honestly to do your taxes, don't be. The Internal Revenue Service knows that you're probably not an accountant and you likely don't have any training in how to do your taxes. Most people don't.</p>]]>
    <![CDATA[<p>The key is whether you made an honest mistake or if you deliberately lied to get out of paying. Accidents happen, and you'll be asked to pay the right amount, but they're not going to land you in jail. Deliberate omissions are illegal, and they could constitute <a href="http://www.friedmancriminallaw.com/Federal-Law-Overview.shtml" >fraud</a>.</p> <p>For instance, you may have three jobs, and you forget to report a few payments from one of your employers because there's just so much paperwork. This could result in an underpayment and unreported income. If caught, you'll have to fix the error and pay, but it's not a big deal.</p> <p>However, if you intentionally hide all of the payments from one employer, perhaps by taking payments under the table and acting like you only have two jobs, this could be considered fraud. That's when you're really going to get in trouble with the IRS. You may not be a tax expert, but they expect you to try to get it right, not to deliberately hide your income.</p> <p>If you are facing criminal tax charges, especially if you think it's all stemming from an honest mistake, be sure you know your legal options. Remember the role that intent must play in the proceedings.</p> <p><b>Source:</b> FindLaw, "<a href="http://criminal.findlaw.com/criminal-charges/tax-evasion.html" target="_blank">Tax Evasion</a>," accessed Sep. 09, 2016</p>]]>
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