Being accused of tax fraud in Florida is a serious matter that can lead to criminal charges under Florida Statute § 212.12. Convictions for tax fraud offenses can result in severe penalties, including heavy fines, imprisonment, and long-term damage to your reputation.
If you are facing tax fraud charges, you need a knowledgeable criminal defense attorney who understands Florida’s tax laws and can provide you with a strong defense.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we are committed to protecting your rights and helping you navigate the complex tax fraud system. Call (813) 981-7005 today for a free consultation.
What is Tax Fraud in Florida?
Tax fraud in Florida occurs when an individual intentionally falsifies information in their tax returns or avoids paying taxes they legally owe to the state. Under Florida Statute § 212.12, various types of tax fraud exist, including sales tax fraud and tax evasion.
Tax fraud is a serious crime that can carry both criminal and civil consequences. Depending on the severity of the offense, a conviction may result in substantial fines, lengthy prison sentences, and additional penalties.
Sales Tax Fraud: § 212.12(2)
Sales tax fraud in Florida involves intentionally underreporting or failing to remit sales tax collected from customers to the Florida Department of Revenue. Under Florida Statute § 212.12(2), businesses are required to report and remit the appropriate sales tax they collect on taxable sales.
If you intentionally fail to pay or underreport your sales tax liabilities, you may face serious charges for tax fraud. The prosecution must prove that:
- You collected sales tax from customers but failed to remit the correct amount to the state.
- You knowingly and intentionally falsified records or concealed income to evade paying taxes.
Sales tax fraud can have serious repercussions for business owners, including criminal charges, fines, and the potential loss of a business license. If you are accused of sales tax fraud, seeking experienced legal representation is crucial.
Penalties for Sales Tax Fraud
Sales tax fraud is classified as a felony in Florida, and the penalties vary depending on the amount of taxes involved. Penalties may include:
- Heavy fines,
- Up to 5 years in prison, and
- Possible business closure or loss of licenses.
Tax Evasion: § 212.12(6)
Tax evasion is another common tax fraud charge under Florida Statute § 212.12(6). This charge involves deliberately underreporting income, inflating deductions, or otherwise manipulating financial information to avoid paying taxes owed to the state.
The prosecution must prove that:
- You willfully attempted to evade paying taxes.
- You took deliberate actions to underreport income or inflate deductions.
- You made false statements or misrepresentations to the Florida Department of Revenue.
Tax evasion can lead to severe penalties, including substantial fines and lengthy prison sentences.
Penalties for Tax Evasion
Tax evasion is considered a felony offense in Florida, and the penalties include:
- Up to 5 years in prison,
- Substantial fines, and
- Possible restitution of the owed taxes.
Tax evasion charges are serious and require a skilled attorney to build a strong defense against the allegations.
How Do I Defend Against Tax Fraud Charges in Florida?
At Metcalf Falls, Criminal Defense Attorneys, P.A., we will explore all possible defenses to challenge the tax fraud charges against you. Some potential defenses include:
Lack of Intent
If you did not intentionally evade taxes or commit fraud, we may be able to argue that there was no criminal intent, and the error was an oversight or mistake.
Insufficient Evidence
The prosecution must prove beyond a reasonable doubt that tax fraud occurred. If the evidence is weak or there are inconsistencies in the case, we will work to challenge the validity of the evidence.
Honest Mistake or Misunderstanding
If the tax issue arose from a misunderstanding or incorrect advice, we may argue that there was no intent to commit fraud.
Involuntary Actions
Tax fraud charges sometimes stem from an individual being misled or manipulated by another person or business entity. If you were acting under duress or were unaware of the fraudulent activity, we can present this as part of your defense.
Frequently Asked Questions About Tax Fraud in Florida
What should I do if I’m accused of tax fraud?
If you are under investigation or facing charges for tax fraud, don’t speak to investigators without legal counsel. Contact a criminal defense lawyer right away to protect your rights.
Can tax fraud charges be reduced or dismissed?
In some cases, it may be possible to negotiate with prosecutors for reduced charges, especially if the evidence against you is weak or there were mitigating circumstances.
How long will a tax fraud case take to resolve?
The timeline for a tax fraud case can vary, but these cases often take several months or even years to investigate and resolve, especially if they involve complex financial records.
Will a conviction affect my future?
A conviction for tax fraud can have long-lasting consequences on your personal and professional life, including fines, imprisonment, and damage to your reputation.
Why Work With Our Florida Tax Fraud Defense Attorneys?
Facing tax fraud charges in Florida can be intimidating, with potential consequences including steep fines, damage to your reputation, and even prison time. Working with an experienced defense attorney like Brett Metcalf gives you the best chance of challenging these charges and protecting your financial future. A conviction for tax fraud can also trigger IRS penalties and long-term difficulties with credit, employment, and financial security.
Brett Metcalf’s unique background as a former prosecutor at the State Attorney’s Office provides valuable insight into how the government builds financial crime cases. He uses this knowledge to anticipate prosecutorial strategies and craft strong, evidence-based defenses for his clients.
Since 2012, Brett has helped countless Florida residents facing complex financial crime allegations, including tax fraud. From the outset, he works to uncover weaknesses in the prosecution’s case and strives to have charges reduced or dismissed. If the case moves forward, Brett builds a comprehensive defense tailored to the specific circumstances of your situation.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Get Trusted Legal Defense for Tax Fraud Charges in Florida Now
If you are facing tax fraud charges in Florida, you need a dedicated criminal defense lawyer by your side. At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand the complexities of tax fraud cases and will fight to protect your rights.
Call (813) 981-7005 or fill out our online contact form to schedule your free consultation today. Let us help you navigate the legal process and work toward the best possible outcome for your case.
