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Tax Evasion in the State of Texas

Tax evasion is considered a white collar crime. If you are being charged with fraud or tax evasion, you need an attorney right away. Charges are stiff on both the State and Federal level. Additional charges may be filed against you if you have sent data regarding your taxes electronically to any tax agency.

Avoiding to pay your taxes, or manipulation of returns, can carry prison time, fines, and restitution. If you are under investigation, or being charged in the State of Texas, call Kirk & Williams right away. Do not talk to anyone regarding your situation, talk to your experienced attorney first.

If you are in fear, remember, your attorney can help. Do not entertain the offers of some type of negotiation, or plea bargain from the IRS. Let Kirk & Williams be your voice. Don't wait to take some sort of action, time is of the essence.

Statutes Tax Code sec. 151.7032 and 151.7102; Business and Commerce Code sec. 326.001-326.002

Failing to pay sales taxes collected to the state comptroller

Intentionally or knowingly committing various fraudulent acts with respects to books and
records required to be kept by law (false entry; failure to enter required records; failure
to produce records for inspection)

Using automated sales suppression devices or phantom-ware to falsify an electronic
record (such as transaction reports)

and Penalties        

Failure to pay (tax evasion):

  • Class C misdemeanor if less that $50
  • Class B misdemeanor if greater than $50 but less than $500
  • Class A misdemeanor if greater that $500 but less than $1,500
  • State jail felony (180 days to 2 yrs) if greater than $1,500 but less than $20,000
  • Third degree felony (2-10 yrs) if more than $20,000 but less than $100,000
  • Second degree felony (2-20 yrs) if more than $100,00 but less than $200,000
  • First degree felony (5-99 yrs) if greater than $200,000

False entry/failure to enter required records:

  • Third degree felony (2-10 yrs)

Failure to produce record for inspection:

  • Class C misdemeanor

Use of automated sales suppression devices and phantom-ware:

  • State jail felony (180 days to 2 yrs)


Sales tax permits may be revoked or suspended, and future permits may be denied
by the state comptroller

The experienced team of Kirk & Williams are here to help you with a strong defense.

Contact Us today in Midland, Texas at (432) 687-5035.

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