We regularly advise people, directors, companies, business owners and officers who are involved in external investigations and prosecutions, related to tax fraud (evasion), brought by Commonwealth and stage agencies.
Tax Fraud Lawyers in NSW
Our Criminal Law Team can assist you with matters related to tax fraud, we have the experience and expertise necessary to ensure you receive the best possible outcome.
We’ve been defending the people of Newcastle, Lake Macquarie, Central Coast and the Hunter region since 1969 and have helped our clients to achieve the best possible outcomes in all Criminal Law matters.
We are used to dealing with the Police, and know all the ‘ins and outs’ of the Courts and Justice system.
If you have been charged with tax fraud, contact our Criminal Law Team today to book a teleconference or appointment. We’ll fight vigorously to protect your freedom and rights.
What is tax fraud (tax evasion)?
‘Tax Fraud’ refers to a person deliberately failing to declare some or all of their business or personal income, or if they dishonestly over-state their business or personal expenses, in an attempt to reduce the total amount of tax payable to the Australian Tax Office (ATO). These offences are referred to collectively as ‘Tax Fraud‘.
People who commit these tax fraud offences are said to be participating in ‘Tax Evasion‘.
People who engage in these crimes are either doing so to evade their tax obligations, as imposed on them by the Government, or to fraudulently make a financial gain by manipulating the taxation system.
Tax fraud offences are serious criminal offences that are prosecuted by the Commonwealth Director of Public Prosecution in criminal Courts. It’s the ATO’s responsibility to deter, detect and deal with people who are participating in tax evasion. In order to do this effectively, the ATO conducts tax audits on businesses, companies and individuals on a regular basis. Once the ATO has determined that a tax crime has occurred, the ATO works with the Australian Federal Police and the Commonwealth Director of Public Prosecutions to restrain and confiscate assets obtained from tax crime; using powers outlined in the Proceeds of Crime Act 2002.
What are the penalties for tax fraud (tax evasion)?
There are a variety of penalties that can be imposed in NSW for tax crime. These penalties include:
Imprisonment – Maximum term is 10 years
Matter Proven, but Dismissed
Good Behaviour Bond – For a specified period of time
Community Service Order – Requires the offender to undertake unpaid community service work (the type of work is chosen by the Probation and Parole officer)
Intensive Corrections Order (ICO)
What are examples of tax fraud (tax evasion)?
Common examples of tax fraud offences include failing to claim GST, not reporting cash wages, not reporting all of your income, not paying employees their super entitlements, failing to lodge tax returns, claiming deductions for expenses that are not actually incurred (or are illegal), failing to forward tax withheld from an employee’s wages to the ATO and failing to withhold tax from an employee’s wages by paying them ‘cash in hand’ instead.