Have you been charged with Tax Evasion?
This is a serious offence with potentially heavy penalties, including imprisonment. If you have been charged, consult a specialist criminal lawyer before entering your plea.
There are a number of questions to consider if you are facing this charge. Did you evade tax, or attempt to evade tax? Was this deliberate? Was it through something you did, or something you failed to do? Can the prosecution make out their case?
An expert in criminal law will go through these questions and more with you. You will then be advised whether you have an available defence.
Please read below for more information in relation to this charge.
The offence
Section 61 of the Taxation Administration Act 1997.
The prosecution must prove:
The defendant, by deliberate act or omission evaded or attempted to evade tax.
The maximum penalty
1000 penalty units in the case of a body corporate. 200 penalty units or imprisonment for 2 years, or both, in any other case.
Where will my case be heard?
Tax Evasion cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange a time to consult with a specialist criminal lawyer. As preparation is critical to the success of any matter, ensure that you allow plenty of time.
If you have been charged with Tax Evasion make an appointment to see one of our experienced lawyers today.
The legislation
Section 61 Tax evasion
A person must not, by a deliberate act or omission, evade or attempt to evade tax.
Penalty: 1000 penalty units in the case of a body corporate; 200 penalty units or imprisonment for 2 years or both in any other case.
