Lying on your tax returns can result in fines and penalties from the IRS, and can even result in jail time.
It is a federal crime to commit tax fraud and you can be fined substantial penalties and face jail time. Lying on your tax return means you committed tax fraud. The consequences of committing tax fraud vary from case to case. There are generally 5 different potential consequences, ranging in severity.
Filing a false return is a less serious felony than tax evasion that carries a maximum prison term of three years and a maximum fine of $100,000. (Internal Revenue Code § 7206 (1).) Failure to file a tax return. Not filing a return is the least serious tax crime.
IRS Criminal Investigation (CI) serves the American public by investigating potential criminal violations of the Internal Revenue Code and related financial crimes in a manner that fosters confidence in the tax system and compliance with the law.
If you deliberately fail to file a tax return, pay your taxes or keep proper tax records – and have criminal charges filed against you – you can receive up to one year of jail time. Additionally, you can receive $25,000 in IRS audit fines annually for every year that you don't file.
In general, no, you cannot go to jail for owing the IRS. Back taxes are a surprisingly common occurrence. In fact, according to 2018 data, 14 million Americans were behind on their taxes, with a combined value of $131 billion!
Criminal Investigations can be initiated from information obtained from within the IRS when a revenue agent (auditor), revenue officer (collection) or investigative analyst detects possible fraud.
Tax filing mistakes
The IRS isn't allowed or even interested in sending anyone to jail over simple mistakes. Math errors, not reading instructions correctly, or forgetting to fill out a form are all bad. But if it's an honest mistake, it won't result in criminal charges.
Unlike Revenue Agents, who are under a great deal of pressure to close civil tax audits as quickly as possible, Special Agents have the luxury of time. Often a tax fraud investigation takes twelve to twenty-four months to complete, with 1,000 to 2,000 staff hours being devoted to the case.
Penalties for tax evasion and fraud
If you have not filed a tax return, you could be charged with a summary offence under the Income Tax Act. If you are found guilty, the penalties can include substantial fines and a prison sentence.
Remember that the IRS will catch many errors itself
For example, if the mistake you realize you've made has to do with math, it's no big deal: The IRS will catch and automatically fix simple addition or subtraction errors. And if you forgot to send in a document, the IRS will usually reach out in writing to request it.
The six-year rule allows for payment of living expenses that exceed the Collection Financial Standards, and allows for other expenses, such as minimum payments on student loans or credit cards, as long as the tax liability, including penalty and interest, can be full paid in six years.
How far back can the IRS go to audit my return? Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years.
Audit trends vary by taxpayer income. In recent years, IRS audited taxpayers with incomes below $25,000 and those with incomes of $500,000 or more at higher-than-average rates. But, audit rates have dropped for all income levels—with audit rates decreasing the most for taxpayers with incomes of $200,000 or more.
Information statement matching: The IRS receives copies of income-reporting statements (such as forms 1099, W-2, K-1, etc.) sent to you. It then uses automated computer programs to match this information to your individual tax return to ensure the income reported on these statements is reported on your tax return.
This includes criminal fines, civil forfeitures, and violations of reporting requirements. In general, the IRS will pay an award of at least 15 percent, but not more than 30 percent of the proceeds collected attributable to the information submitted by the whistleblower.
Because of the expertise required to conduct these complex financial investigations, IRS Special Agents are considered the premier financial investigators for the Federal government. Criminal Investigation Special Agents are part of a diverse workforce that mirrors the taxpaying public we serve.
However, during an investigation, the IRS is putting together a criminal case which means you will be prosecuted by the U.S. Attorney's Office. If convicted, you could be subject to severe consequences, including fines and possible jail time.
Yes, the IRS can visit you. But this is rare, unless you have a serious tax problem. If the IRS is going to visit you, it's usually one of these people: IRS revenue agent: This person conducts audits at your business or home.
There is generally a 10-year time limit on collecting taxes, penalties, and interest for each year you did not file. However, if you do not file taxes, the period of limitations on collections does not begin to run until the IRS makes a deficiency assessment.
In general, the Internal Revenue Service (IRS) has 10 years to collect unpaid tax debt. After that, the debt is wiped clean from its books and the IRS writes it off.
Taxpayers may still qualify for an installment agreement if they owe more than $25,000, but a Form 433F, Collection Information Statement (CIS), is required to be completed before an installment agreement can be considered.
Tip. You can take some comfort in the fact that the Internal Revenue Service audits less than 1 percent of all tax returns each year.