The Difference Between Tax Avoidance and Tax Fraud in 2021

Tax evasion and avoidance is a common subject when dealing with tax in 2021. Do you know why? Tax is an essential part of a countries’ economy. Therefore, when it comes to anything about taxes like Expatriate tax, it’s treated with a lot of seriousness. To understand more about tax, get your facts right about tax fraud and tax avoidance.

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Tax fraud is not anything complex. Anyone can fall victim to it. And so employers need to be on guard while recruiting. In cases of positions dealing with finances, background checks are essential. A simple aspect to note is, anyone capable of lying about their tax returns is liable for more lies. So, let’s identify the difference between tax avoidance and tax fraud. But, first:

What is Tax Fraud?

Tax fraud is the obstinate and deliberate forging of information on a tax return to limit liability. Some examples of tax fraud include intentionally underreporting or leaving out taxable income, exaggerating deduction amounts, keeping two fiscal books, making fake admission in records, recording personal expenses as business expenses, declaring false deductions, and covering or moving property or taxable income.

Tax fraud is global. For instance, in 2020, the IRS realized about $2.3 billion lost in tax fraud. Fraud identified in employment tax, identity theft in tax-related issues, cybercrime, and COVID-19 associated fraud. Small start-up businesses tend to participate in tax fraud in a bid to save up more profits. Though, you can learn from Hatch’s CEO how to access fair financial products for your small business.

What is Tax Avoidance?

Tax avoidance is legal, and this is why. It’s the lawful actions used by individuals to work out ways to pay lower tax rates. For example, taking advantage of a low-cost tax band on a friend’s account is tax avoidance.

Despite being lawful, at times, avoiding the tax is shameful. Some questioning activities taken up by individuals to avoid paying high taxes might be considered appalling. Basic examples of tax avoidance include:

  • In countries like the US, people can move to other nations with low-income tax rates and settle. Although, this may require them to announce their citizenship.
  • Use your spouse’s name to set your assets and pay low rates of income tax.
  • Pay dividends from your company instead of income to evade paying national insurance.
  • Release inheritance to your children before passing on to steer clear of inheritance tax.
  • Using minor principalities involves putting up your business in countries like Luxembourg, where corporation tax rates are low. Still, this method is more likely tax evasion than avoidance.

Differences between Tax Avoidance and Tax Fraud

While it is common for tax fraud and tax avoidance to occur, high-income earners are more prone to these acts. Having access to tax advisers and money to their advantage gives them an upper hand in tax avoidance and fraud. Eventually, such earners create a tax gap in countries’ economies. But, here’s a difference between tax avoidance and tax fraud:

  • Tax avoidance is legal as it involves acceptable ways of evading tax while tax fraud is illegal. Tax fraud involves individuals’ attempts to avoid declaring income to the taxman.
  • Tax fraud is all about giving false information concerning your taxable income. on the other hand, tax avoidance involves being wise in your decision-making concerning tax.
  • Tax fraud has severe consequences such as fines or jail term. On the other hand, tax avoidance has no penalty. With tax avoidance, the worst it can go is when it gets scandalous. Mostly, come about with famous people.
  • As tax avoidance might eventually cause a boost in business due to investing and saving in low rates areas, lawsuits created by tax frauds likely drain businesses and might cause bankruptcy.
  • Tax fraud proves a lack of commitment and integrity in matters of tax. Tax avoidance shows a commitment to ensuring the law is heed while their money is secure.

Who commits Tax Fraud and Tax Avoidance mostly?

So, from our earlier understanding, rich people are more likely to commit tax fraud and tax avoidance. But anyone is capable of tax fraud. Skillful individuals with enough knowledge of tax laws perform tax avoidance. In the 2019 financial year, the United States Sentencing Commission (USSC) recorded a tax fraud of 494 cases. Although, this was a lower number compared to 2015. A total record of 25.2% decrease since the fiscal year of 2015.

From the USSC findings, men emerged the highest number of tax fraud offenders with 68.1%. There were more whites with approximately 48.2%% than blacks with 32.6%. The Hispanic people were about 13.3% and the other races were 5.9%. An essential aspect of the statistics was 80.2%. The percentage represented tax fraudsters that had never committed a crime before and had an average age of 50. Well, tax fraud costs the US government about $296,429.

 A good number of employers conduct a background check before recruitment. So much emphasis to be put on tax fraud checks to uncover the fraudsters. Even though tax avoidance is lawful, some activities are not correct. Governments lose so much in terms of taxes limiting their ability to handle their peoples’ needs.

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