Tax Charges, Prosecution, and Why You Need a Lawyer.
Intentional non-compliance to tax laws and similar offences are taken very seriously by the Australian government. The Australian Tax Office (ATO) may file a variety of charges against a person found to be in violation of tax laws, with each charge possibly leading to very severe consequences.
Serious charges related to tax fraud are investigated by the Australian Taxation Office (ATO) before turning them over to the Director of Public Prosecutions. For non-serious charges, they are generally prosecuted by the ATO. Tax crimes typically include identity crimes, undeclared offshore transactions, low value transactions involving high volumes, and fraud related to credits and refunds.
It is crucial to promptly consult with a defence lawyer when facing the possibility of tax prosecution. Lawyers that specialise in tax-related cases can expertly help you deal with the legal processes necessary to achieve the best possible outcome in Court.
In the 4th quarter of 2012 alone, a total of 465 tax convictions were recorded by the ATO. This figure covers both individuals and companies which have been sentenced to fines and penalties amounting to $1.56 million.
From 2012 to Jan. 31, 2013, a total of 29 serious tax fraud cases and 1,078 summary cases were recorded. These numbers do not include multiple cases that have been pursued by tax prosecution lawyers for the same persons or companies.
Of the 1,078 summary cases above, 959 resulted in a conviction with fines amounting to a total of $3.47 million. All of the 29 serious tax fraud cases resulted in a conviction.
Have You Been Charged with a Tax Offence?
Tax charges often arise out of someone having difficulties with their finances. It is important to put the offending in a context that a Magistrate can understand.
Tax charges are often built on a number of assumptions by the Prosecution lawyers particularly about what the state of your finances were. Being methodical and working out an alternative hypothesis are an important skill for a criminal tax lawyer.
Some issues in tax cases are:
- What actually was the state of the accounts?
- What was the catalyst for the behaviour occurring?
- What is being done to show that you are turning your life around?
Doogue + George has access to forensic accountants and all the necessary experts to fight your charges vigorously.