Tax Prosecutions
Tax evasion and falsifying or filing misleading information in tax returns can result in criminal or quasi-criminal charges with severe penalties including hefty fines and sometimes even jail time. This is a complex category of offences involving overlapping areas of law and multiple statutes.
What are Tax Prosecutions?
Benjamin Franklin once quipped: "In this world nothing can be said to be certain, except death and taxes."
The majority of Canadian citizens pay their taxes. To help prevent the minority from evading payment, the Canadian Revenue Agency operates a regular compliance program. Tax Evasion, Filing a False or Misleading Statement or Failure to File are among the most common offences charged by the CRA. These offences should be taken extremely seriously.
Individuals convicted of tax evasion can face serious penalties, ranging from fines to imprisonment. Fines typically range from 50 percent to 200 percent of the taxes evaded. In the most serious cases, an individual may be charged with fraud under the Criminal Code. If convicted, this offence can carry a jail term of up to 14 years.
The Income Tax Act is one of the more elaborate areas of the law. Working with the CRA's Criminal Investigations Program, for the 2015-2016 fiscal year, federal prosecutors had a conviction rate of 88%.
If you are being investigated by the CRA, it is imperative to have the proper legal support to protect your interests. Individuals facing a tax prosecution should enlist the assistance of a law firm with in depth knowledge of tax law, as well as experience in the defence of criminal law. In cases such as these, knowledge of the Income Tax Act and the Criminal Code is required.
We have the experience, track record and resources to take on such cases. Whether the case is at the beginning of an investigation with the Canada Revenue Agency or after charges are laid, whether you are an individual or a business, Caramanna Friedberg LLP can provide comprehensive advice and passionate advocacy.
Please feel free to all us at (416) 924-5969 for a consultation with experienced counsel.
See also, environmental prosecutions, quasi-criminal prosecutions, fraud