Tax problems can be stressful—but when the IRS believes you’ve willfully broken the law, things get serious fast. If you’re under investigation or received a letter from the IRS Criminal Investigation Division, you might be wondering:
Can the IRS really file criminal charges for tax evasion in Florida?
Yes—and if they do, you could be facing federal prison.
Here’s what you need to know.
🕵️ What Is Tax Evasion?
Tax evasion is the willful attempt to avoid paying legally owed taxes. It often includes:
Underreporting income
Falsifying deductions or business expenses
Hiding assets or income (e.g., offshore accounts, cash payments)
Failing to file tax returns
Using shell companies or nominee accounts
Under 26 U.S.C. § 7201, federal tax evasion is a felony.
⚖️ When Does Tax Evasion Become a Crime?
The IRS distinguishes between tax mistakes (civil) and intentional fraud (criminal).
They may refer your case to the IRS Criminal Investigation Division if:
The amount of unpaid taxes is substantial
There’s a pattern of deceit
You obstructed the audit or refused to cooperate
You used false Social Security numbers, documents, or nominee accounts
The fraud involved corporations, real estate, or high income
💥 Most criminal referrals are made after an audit or whistleblower tip.
For more on how the IRS investigates and refers tax crimes for prosecution, visit theIRS Criminal Investigation Division page.
🚨 Criminal Penalties for Tax Evasion
If charged, you may face:
Up to 5 years in federal prison per offense
Up to $250,000 fine (or $500,000 for corporations)
Restitution of unpaid taxes and interest
Civil penalties on top of criminal fines
Loss of professional licenses or security clearance
📝 Will You Be Notified?
Yes—usually with a target letter or direct contact from an IRS special agent.
This is when you should stop talking and hire a lawyer immediately. Anything you say—even trying to explain—can be used to build the case against you.
🛡️ How a Lawyer Defends Against IRS Criminal Charges
At Michael White, P.A., we defend Florida residents accused of federal tax crimes by:
Intervening early to prevent charges
Negotiating with IRS and DOJ attorneys
Building a defense around intent, compliance efforts, or third-party blame
Exploring pre-indictment resolution to avoid prosecution
👨⚖️ Fort Lauderdale Federal Tax Evasion Defense Lawyer
If you’re under IRS criminal investigation in Florida, don’t wait for charges to be filed. Early legal intervention can sometimes stop prosecution before it starts.
At Michael White, P.A., we defend white-collar clients statewide and in U.S. District Court in the Southern District of Florida.
🔍 More Answers About IRS Criminal Tax Evasion Charges in Florida
❓ Can the IRS really send you to prison?
Yes. Tax evasion is a federal felony that can carry 5 years per count—plus fines and restitution.
❓ Will I get a warning before being charged?
Usually. Most people receive a target letter or agent contact before formal charges.
❓ What’s the difference between a tax mistake and tax fraud?
Intent. Honest mistakes lead to civil audits. Willful deception leads to criminal referrals.
❓ Can a CPA or bookkeeper be blamed?
Possibly. If your accountant acted independently or misled you, your lawyer may argue lack of intent or third-party responsibility.
❓ Can I avoid charges if I pay what I owe?
Sometimes. If you act before a referral is made, voluntary compliance or settlement may help—but it’s not guaranteed.