Possible criminal charges related to tax matters under the (“Internal Revenue Code”) include tax evasion (IRC § 7201), filing a false return [IRC §7206(1)] and failure to file an income tax return (IRC §7203). Willfully failing to file an FBAR (“Report of Foreign Bank and Financial Accounts”) and willfully filing a false FBAR are both violations that are subject to criminal penalties under the Bank Secrecy Act, 31 U.S.C. § 5322. Additional possible criminal charges include conspiracy to defraud the government with respect to claims (18 U.S.C. § 286); conspiracy to commit an offense or to defraud the United States (18 U.S.C. § 371); and (18 U.S.C. §1001) material false statements, concealments and cover-ups. Failure to file an FATCA (“Statement of Specified Foreign Financial Assets”), Form 8938 could result in criminal penalties up to five years upon conviction, as well as civil fines up to $10,000 for failure to disclose and an additional $10,000 for each 30 days of non-filing after receipt of an IRS failure to disclose notice, for a maximum civil penalty of $60,000. A person convicted of tax evasion is subject to a prison term of up to five years and a fine of up to $250,000. Filing a false return subjects a person to a prison term of up to three years and a fine of up to $250,000. A person who fails to file a tax return is subject to a prison term of up to one year and a fine of up to $100,000. Failing to file an FBAR subjects a person to a prison term of up to ten years and criminal penalties of up to $500,000. A person convicted of conspiracy to defraud the government with respect to claims is subject to a prison term of up to not more than 10 years or a fine of up to $250,000. A person convicted of conspiracy to commit an offense or to defraud the United States is subject to a prison term of not more than five years and a fine of up to $250,000. Reasonable Cause Defense: Under certain facts & circumstances Assessed Penalties Can Be Waived: When a penalty is assessed, a request for abatement may be proper if the taxpayer's failure to comply with federal tax laws is reasonable. The penalties can be waived if there is a credible reasonable cause defense.

1. Possible Criminal Charges Related to
Federal Tax Matters
By: Coleman Jackson, PC
Immigration & Tax Law Firm’s Site | http://www.cjacksonlaw.com
Phone Numbers: English (214) 599-0431 | Spanish (214) 599-0432
August22, 2015
Possible criminal charges related to tax matters under the (“Internal Revenue
Code”) include tax evasion (IRC § 7201), filing a false return [IRC §7206(1)] and
failure to file an income tax return (IRC §7203).

3. Reasonable Cause Defense: Under certain facts & circumstances
Assessed Penalties Can Be Waived:
When a penalty is assessed, a request for abatement may be proper if the
taxpayer'sfailure to comply with federaltax laws is reasonable. The penalties can
be waived if there is a credible reasonable cause defense.
This Presentation is written by Coleman Jackson, PC for informational and educational purposes only. Laws,
policies and procedures are subject to change.
This presentation does not create an attorney-client relationship. You should consult an attorney of your choice
with respect to your particular to apply for Voluntary Disclosure or other legal issues.
Coleman Jackson, PC | Immigration & Tax Law Firm. http://www.cjacksonlaw.com/ |
214-599-0431 | 214-599-0432 | 6060 North Central Expy, Suite 443, Dallas, TX 75206
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