Tax fraud, also known as tax evasion, is a serious federal offence and it’s important to get specialised advice from criminal lawyers who are experienced in tax cases.
Each of our lawyers have years of experience defending tax-related matters, so you can be sure you are in the best possible hands.
Tax fraud is actually a broad term for a number of different offences, which attract a range of penalties that vary depending on the seriousness of the offence.
Penalties for the more serious tax offences include heavy fines, and imprisonment for up to 10 years.
There are two main federal tax fraud offences that can result in fines, and gaol time:
Obtaining a financial advantage by deception – in order for you to be found guilty of this offence, the prosecution has to prove that you gained a financial advantage, and that you gained it by deceiving a Commonwealth entity – in this case, the Australian Tax Office (ATO).
Conspiracy to defraud – when two or more people conspire to dishonestly obtain a gain for a third person from a Commonwealth entity.
Depending on the severity of the offence, and the amount involved, the range of penalties – if you are found guilty of tax fraud – include:
- The charges are proven but dismissed
- A good behaviour bond
- A fine
- Periodic detention
- A community service order
- A suspended sentence
- A prison term
If you are under investigation for tax fraud, or you have been accused of tax evasion, it is important to take the charges seriously, and to seek legal advice from experienced tax lawyers.