Martinsburg Tax Evasion Lawyer

Defending Those Who Are Facing Tax Evasion Charges in West Virginia

Tax evasion is the act of willfully failing to pay taxes that are legally owed to the state. This offense is taken very seriously in West Virginia and can result in harsh penalties if you are found guilty. If you have been accused of tax evasion, it is important that you obtain representation right away. At Kevin D. Mills & Associates, PLLC – Criminal Law Center, our Martinsburg tax evasion attorney can deliver you with the representation you need to protect your rights and fight your charges.

Call Kevin D. Mills & Associates, PLLC – Criminal Law Center today at (304) 262-9300 or contact us online to schedule a consultation with our tax evasion attorney in Martinsburg.

What is Tax Evasion?

Tax evasion is a grave legal offense that can have severe consequences, both at the federal and state levels. It involves the deliberate attempt to evade or avoid paying taxes owed to the government. Tax evasion is distinct from tax avoidance, which is the legal practice of minimizing your tax liability through permissible means such as deductions and credits.

Tax evasion may encompass a range of illegal activities, including:

Underreporting Income

• Concealing or underreporting your actual income on tax returns.
• Failing to declare all sources of income, such as offshore accounts, rental properties, or cash payments.

Inflating Deductions

• Falsely inflating deductions or expenses to reduce taxable income.
• Claiming deductions that you are not eligible for.

Hiding Assets

• Transferring assets or income to offshore accounts, shell companies, or tax havens to avoid detection.
• Using nominee entities to hold and hide assets.
• Engaging in Fraudulent Schemes:
• Participating in fraudulent tax shelters, schemes, or scams aimed at evading taxes.
• Employing fraudulent or forged documents to support false claims.

What are the Penalties for Tax Evasion in West Virginia?

Tax evasion is a serious crime in West Virginia, and it is treated as such by both state and federal authorities. If you are convicted of tax evasion, you may face a wide range of penalties that could significantly impact your financial future and freedom. Some of the potential consequences of tax evasion in West Virginia include:

Criminal Penalties

• Imprisonment: A tax evasion conviction could result in lengthy prison time, depending on the particular circumstances of the case.
• Fines: Conviction may lead to substantial fines, which can amount to thousands or even millions of dollars.
• Asset Forfeiture: The government can seize assets connected to tax evasion, including bank accounts, properties, and more.

Civil Penalties

• Additional Taxes: In addition to the unpaid taxes, you may be required to pay penalties and interest.
• Legal Fees: You will likely incur significant legal fees during the investigation and court proceedings.
• Reputation Damage: A tax evasion conviction can seriously tarnish your personal and professional reputation. It can also affect your ability to secure loans or find employment.
• Ongoing Scrutiny: Tax authorities may subject you to additional scrutiny in the future, making it more difficult to resolve your tax matters.

Defenses Against Tax Evasion Charges

Some potential defenses against tax evasion charges may include:

• Lack of Intent: Tax evasion requires the element of willfulness. If you can prove that your actions had not been intentional but rather due to a genuine mistake, you may have a defense.
• Insufficient Evidence: Contesting the evidence presented by the prosecution, including discrepancies in their case.
• Incorrect Assessment: Contesting the accuracy of the government's tax assessment, showing that you, in fact, owe less than claimed.
• Statute of Limitations: In some instances, the statute of limitations may have expired, preventing the prosecution from pursuing charges.
• Tax Amnesty Programs: In certain situations, participating in a tax amnesty program may resolve your tax issues without facing criminal charges.