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Posted on in Tax Audits

eggshell audits, San Jose civil tax audit lawyer, tax fraud, tax audit, tax liabilitiesA tax audit can be a frightening situation. The United States tax code is complex, and many taxpayers are unfamiliar with its intricacies and the potential consequences that they may face if they have committed a violation. In some cases, taxpayers may face what is known as an “eggshell audit,” which is a civil audit that may potentially result in criminal charges. While this is an informal term, it refers to the care that must be taken in these situations as taxpayers seek to minimize their tax liabilities and civil penalties while avoiding criminal prosecution.

Potential Consequences of an Eggshell Audit

Eggshell audits occur because a taxpayer filed a fraudulent tax return. The taxpayer may have underreported the income he or she earned or claimed improper deductions or credits. The end result is that the taxpayer paid less taxes than he or she would have owed if he or she had filed an accurate tax return. Moreover, a return is considered fraudulent if a taxpayer deliberately intended to evade paying the full amount of his or her taxes or if he or she willfully submitted false statements or documents.

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San Jose tax fraud attorney, tax audit, tax fraud, tax fraud penalties, tax evasionBenjamin Franklin once said that nothing in this world is certain except death and taxes. This common saying is as true today as it was 200 years ago—paying taxes is a civic duty that is required of everyone in the United States. However, people often attempt to cheat on their taxes and avoid paying what they owe, and this can result in serious consequences. If you are facing a tax audit, you should understand the potential consequences of tax fraud or tax evasion.

IRS Tax Fraud Penalties

Tax fraud can take a number of different forms, including:

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tax preparer fraud, San Jose tax lawyerMany individuals and businesses turn to a tax preparer for the extra assurance a preparer gives that taxes will be filed properly. While most tax preparers provide a valuable service, some preparers use tax season to scam customers as well as state and federal governments.

Different Schemes Used by Tax Preparers

Tax preparers can set up schemes to defraud in a number of ways. For example, a tax preparer could claim credit or deductions for which the individual was not eligible. A tax preparer could also divert tax refund checks to his or her own bank account.

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Prepaid debit cards already have enough controversy surrounding them, and this latest bit of news about tax refunds being frozen for prepaid debit card users isn't going to do any favors for the industry.

Several news outlets, including ABC News, are reporting that the reason for this "funds freeze" is because the IRS is teaming up with the financial industry to crack down on tax fraud.

The problem is, of course, is that this is affecting the nation's poorest Americans...and they are finding that they have very little recourse.

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The federal administration has been taking a number of initiatives in order to reduce the corporate practice of tax inversion. However, statistics indicate that these initiatives are not having the required effect.

Tax inversion refers to the practice of a company moving its legal base offshore while retaining most operations in the US. According to the Wall Street Journal, companies are continuing to move base to lower-tax destinations overseas, and are taking over US companies after doing so. They are taking advantage of lower tax rates in these tax havens. Typically, in these lower-tax havens like Ireland, corporate tax rates are in the mid-teens. That is in sharp contrast to the United States corporate tax rate, which hovers at 35%.

Not only are these companies saving on the taxes that they have to pay because they have now shifted legal base overseas, but they also enjoy profits from the mergers that they're able to bring about from their overseas bases. A number of companies have overseas bases that are used to save on taxes.

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