Tax Offences

We are defence lawyers who are highly experienced in defending alleged Taxation-related offending.

Our firm has dealt with an enormous number of these cases ranging from allegations involving many thousands of dollars to many millions of dollars. We can give you practical advice based on experience as to how you deal with these charges or allegations.

Due to taxation obligations being highly prescribed and highly regulated, there are many ways in which a person can infringe upon tax laws.

The more serious examples of tax offences can be characterised as Tax Fraud. This encompasses a wide range of deceptive activities related to tax filings and payments. It specifically involves manipulative practices designed to alter tax outcomes through fraud.

Tax evasion is considered a less serious form of Tax Fraud, and may involve less overt deception, such as underreporting income or exaggerating deductions.

There are several other breaches of a more administrative nature that carry less severe penalties.

These types of matters would ordinarily be prosecuted by the Australian Tax Office, with the more serious cases being prosecuted by the Commonwealth Director of Public Prosecutions.

The State-based offences are found in the Taxation Administration Act 1997. Federal charges are brought under the Taxation Administration Act 1953. Many of the tax offences are represented in both pieces of legislation.

Both individuals and corporations can be charged with tax offences.

If you are pleading guilty, there is a lot of preparation that can be done to ensure that the proper context of the offending is conveyed to the Court, including all relevant matters relating to you and your life. A plea in mitigation needs to be persuasive and address all the relevant sentencing principles. Our lawyers will guide you through this process.

If you are pleading not guilty, our expert lawyers can work with you to build a strong defence. We have run and won many jury trials and contested hearings. We know what is effective and have the expertise and the resources to carry out whatever preparation your case requires.

If you are pleading not guilty, we will look at issues such as:

• What do the prosecution need to prove?
• How can I defend my tax charges?
• Where are the weaknesses in their case?
• What happens if I cannot locate important records?
• What reasonable alternative theory can be presented?