Have you been accused of Tax Evasion?
ATO InterviewIt is important that you receive legal advice before speaking to the ATO in relation to allegations of tax evasion. One of our lawyers can assist you by running you through with what you can expect during an interview and what your obligations are if they compel you to produce financial documents. Our lawyers are proactive in their approach and can engage forensic accountants to assist with your case if it will assist.
Pleading Not GuiltyOur firm consists of experienced criminal lawyers and in-house counsel who can develop a strategy to contest your charge of Tax Evasion.
One of our experienced lawyers will consider the unique circumstances of your case. We’ll look for gaps in the brief of evidence against you and look for evidence that may assist in defending you in court. Our lawyers will consider your personal circumstances and work hard to protect your interests.
We believe it is very important for our clients to understand what they are facing. Preparing a case strategy early will increase the chances of this charge being withdrawn or leading to an acquittal.
Pleading GuiltyContact our firm if you are pleading guilty to a charge of Tax Evasion. Having an experienced criminal lawyer present your plea of guilty will help you get the best outcome. We will explain your personal circumstances to the sentencing Court and tender expert reports and character references to help mitigate the offending.
What is the legal definition of Tax Evasion?A person must not, by a deliberate act or omission, evade or attempt to evade tax.
Examples of Tax Evasion
- You are required to report your earnings to the government and pay tax. You are offered a cash-in-hand job and decide not to report your earnings, and not to pay income tax.
LegislationThe legislation for this offence can be found on section 61 of Taxation Administration Act 1997 (‘the Act’).
Elements of the offenceTo prove this charge, the Police must prove the following beyond reasonable doubt:
- That the accused evaded or attempted to evade paying tax…
‘Tax evasion’ is not defined in the Act, so the court would apply the ordinary meaning of ‘evade’. To evade paying tax means to avoid or dodge paying tax.1 Whether or not the accused avoided or dodged paying tax in accordance with the Act will be a matter of fact.
- By a deliberate act or omission.
In order to be liable under this section, the accused needs to evade tax by deliberate act or omission. Mere inadvertence or carelessness would not be sufficient – there needs to be deliberateness on behalf of the accused.
“Did you deliberately avoid paying your tax?”
Questions in cases like this
- Did you avoid paying your tax?
- Was this avoidance deliberate?
The maximum penalty for Tax Evasion (s61 of the Taxation Administration Act 1997) is a fine of 1,000 penalty units in the case of a body corporate. In any other case, the court may impose a maximum of 200 penalty units or imprisonment for 2 years, or both.
Other important resources
- Tax Planning, Avoidance and Evasion in Australia 1970-2010: The Regulatory Responses and Taxpayer Compliance
- Victorian Sentencing Manual: Taxation offences