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R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.
713-489-7763
  • Home
  • Attorney
    • Bennett, R. Todd
  • Practice Areas
    • Sex Offenses
    • DWI Defense
    • Gun/Weapon Offenses
    • Probation Violations
    • White Collar Crime
    • Environmental Crimes
    • Drug Charges
    • Assault/Violent Crimes
    • Theft/Fraud Charges
    • Family Violence/Domestic Violence
    • Federal Crimes
    • Expunction & Sealing Your Criminal Record
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  5. What’s the difference between tax fraud and tax evasion?

What’s the difference between tax fraud and tax evasion?

On Behalf of R. Todd Bennett, P.C. | Mar 5, 2025 | Fraud |

Tax season stresses many Houston residents, and the fear of making mistakes leads to confusion about tax laws. The IRS office in Houston reported a 30% rise in tax violation cases last year, with many people mixing up tax fraud and tax evasion. These two terms mean different things under Texas law, and knowing the difference could help you avoid serious trouble. 

What counts as tax fraud? 

When someone puts false information on their tax returns, that’s tax fraud. This happens when people claim fake deductions, lie about their income or list dependents who don’t exist. Think of it as telling lies on your tax forms. The IRS looks closely at business owners who keep two sets of books or create fake receipts for expenses they never had.

How tax evasion works 

Tax evasion is about dodging taxes you need to pay. People who commit tax evasion might hide their money, move their property around to avoid taxes or not file their returns. They know they owe taxes but try to avoid paying them. Even if they tell the truth on their forms, not paying on purpose is still tax evasion.

What happens if you get caught? 

The courts handle these cases differently. For tax fraud, prosecutors must prove you meant to lie. Each count of fraud can lead to five years in jail and hefty fines.  

Tax evasion cases often take longer to investigate. You could face up to $250,000 in fines and five years in federal prison if found guilty. Texas can also add state charges, which means more penalties. 

Both offenses hurt your future. A conviction affects your job options, business deals and financial freedom. If the IRS questions your taxes or sends you notice of an audit, talking to a criminal defense lawyer specializing in fraud can help protect your rights and possibly prevent a bad situation from worsening. 

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R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.
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