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I am under suspicion of tax evasion. If there is a tax attorney, please help me.

Recently, I have been under investigation on suspicion of tax evasion. I was told that it had been confirmed that the business I run had omitted or under-reported some of its tax filings. It was really difficult to keep track of every single item, so I simply omitted it by mistake. I had no intention whatsoever of intentionally evading taxes. However, I am worried because I hear that I could even face criminal punishment on a charge of tax evasion. I do not know how to deal with this. If there is a tax attorney, I would like to seek advice on the future procedure and how to respond.

tax evasion

tax attorney

Answer to Related Inquiry

Author: 정찬우

Hello. This is a tax attorney at Daeryun Law LLC.

First, I express my deep sympathy regarding the situation in which you have come under suspicion of tax evasion.

Tax evasion refers to the offense of falsely filing a tax return or intentionally omitting part of it with the purpose of intentionally avoiding taxes or reducing the tax amount.

Where a charge of tax evasion is established, it is punishable by imprisonment for not more than two years or a fine equivalent to at least twice the amount of tax evaded.

If the amount evaded is 500 million won or more, it becomes subject to aggravated punishment and a higher level of punishment may be imposed, so you must be careful.

In tax evasion, the degree of punishment can vary depending on intent or negligence, so in a case caused by mistake, such as yours, there is a possibility that the punishment may be mitigated.

However, if the investigation has already progressed considerably, you should retain a tax attorney promptly, even now, to prepare a response.

The Sentencing Commission sets out the mitigating factors for tax evasion as follows.

1. Where the actual benefit is minor
2. Where the offender voluntarily surrenders and confesses to the offense
3. Where a certain portion or more of the evaded tax has been collected or is expected to be collected
4. Where the offender shows a serious attitude of remorse
5. Where there is no prior criminal punishment

If you seek the assistance of a tax attorney, we help draw out the Sentencing Commission's mitigating factors in your situation so as to lower the sentence.

If you wish to clear yourself of a tax evasion charge, we invite you to request a consultation with a tax attorney.