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Is it tax fraud for an individual to declare non-taxable revenue as taxable income? (US tax laws)


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3















Hypothetically, A wants to pay B a considerable amount of money.



In order to reduce the paper trail, A pays me the money and I transfer it to B.



To further obscure the paper trail, I declare the payment from A as income for work (non-existent) done by me for A, enter it on my US Income Tax return as taxable income, and pay the resulting tax.



I have submitted a false tax return, but it leads to an increase in tax paid. Is it still a crime?



Edit: No money laundering. A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B.










share|improve this question

























  • Money laundering is a different crime than tax fraud, but still a crime.

    – SJuan76
    8 hours ago











  • How do you know that your 20% tax bracket was greater than the tax bracket of person B? Either way this is a fraud against the US government. I would assume that they didn't want a paper trail because they have an outstanding debt like child support. Even if it wasn't money laundering it's still fraud.

    – Ron Beyer
    3 hours ago













  • What does B's tax bracket have to do with anything? It's my taxes, with or without the fake income, that is of concern...

    – DJohnM
    2 hours ago











  • Why is it crucial to your scenario that you not report the income as miscellaneous income on Schedule 1; why do you have to classify it as wages?

    – user6726
    1 hour ago











  • "A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B." - That is not good enough. Just evading reporting requirements is already structuring, a form of laundering, even if there is no underlying crime.

    – Kevin
    13 mins ago
















3















Hypothetically, A wants to pay B a considerable amount of money.



In order to reduce the paper trail, A pays me the money and I transfer it to B.



To further obscure the paper trail, I declare the payment from A as income for work (non-existent) done by me for A, enter it on my US Income Tax return as taxable income, and pay the resulting tax.



I have submitted a false tax return, but it leads to an increase in tax paid. Is it still a crime?



Edit: No money laundering. A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B.










share|improve this question

























  • Money laundering is a different crime than tax fraud, but still a crime.

    – SJuan76
    8 hours ago











  • How do you know that your 20% tax bracket was greater than the tax bracket of person B? Either way this is a fraud against the US government. I would assume that they didn't want a paper trail because they have an outstanding debt like child support. Even if it wasn't money laundering it's still fraud.

    – Ron Beyer
    3 hours ago













  • What does B's tax bracket have to do with anything? It's my taxes, with or without the fake income, that is of concern...

    – DJohnM
    2 hours ago











  • Why is it crucial to your scenario that you not report the income as miscellaneous income on Schedule 1; why do you have to classify it as wages?

    – user6726
    1 hour ago











  • "A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B." - That is not good enough. Just evading reporting requirements is already structuring, a form of laundering, even if there is no underlying crime.

    – Kevin
    13 mins ago














3












3








3








Hypothetically, A wants to pay B a considerable amount of money.



In order to reduce the paper trail, A pays me the money and I transfer it to B.



To further obscure the paper trail, I declare the payment from A as income for work (non-existent) done by me for A, enter it on my US Income Tax return as taxable income, and pay the resulting tax.



I have submitted a false tax return, but it leads to an increase in tax paid. Is it still a crime?



Edit: No money laundering. A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B.










share|improve this question
















Hypothetically, A wants to pay B a considerable amount of money.



In order to reduce the paper trail, A pays me the money and I transfer it to B.



To further obscure the paper trail, I declare the payment from A as income for work (non-existent) done by me for A, enter it on my US Income Tax return as taxable income, and pay the resulting tax.



I have submitted a false tax return, but it leads to an increase in tax paid. Is it still a crime?



Edit: No money laundering. A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B.







united-states fraud federal-tax-law






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 3 hours ago







DJohnM

















asked 8 hours ago









DJohnMDJohnM

375212




375212













  • Money laundering is a different crime than tax fraud, but still a crime.

    – SJuan76
    8 hours ago











  • How do you know that your 20% tax bracket was greater than the tax bracket of person B? Either way this is a fraud against the US government. I would assume that they didn't want a paper trail because they have an outstanding debt like child support. Even if it wasn't money laundering it's still fraud.

    – Ron Beyer
    3 hours ago













  • What does B's tax bracket have to do with anything? It's my taxes, with or without the fake income, that is of concern...

    – DJohnM
    2 hours ago











  • Why is it crucial to your scenario that you not report the income as miscellaneous income on Schedule 1; why do you have to classify it as wages?

    – user6726
    1 hour ago











  • "A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B." - That is not good enough. Just evading reporting requirements is already structuring, a form of laundering, even if there is no underlying crime.

    – Kevin
    13 mins ago



















  • Money laundering is a different crime than tax fraud, but still a crime.

    – SJuan76
    8 hours ago











  • How do you know that your 20% tax bracket was greater than the tax bracket of person B? Either way this is a fraud against the US government. I would assume that they didn't want a paper trail because they have an outstanding debt like child support. Even if it wasn't money laundering it's still fraud.

    – Ron Beyer
    3 hours ago













  • What does B's tax bracket have to do with anything? It's my taxes, with or without the fake income, that is of concern...

    – DJohnM
    2 hours ago











  • Why is it crucial to your scenario that you not report the income as miscellaneous income on Schedule 1; why do you have to classify it as wages?

    – user6726
    1 hour ago











  • "A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B." - That is not good enough. Just evading reporting requirements is already structuring, a form of laundering, even if there is no underlying crime.

    – Kevin
    13 mins ago

















Money laundering is a different crime than tax fraud, but still a crime.

– SJuan76
8 hours ago





Money laundering is a different crime than tax fraud, but still a crime.

– SJuan76
8 hours ago













How do you know that your 20% tax bracket was greater than the tax bracket of person B? Either way this is a fraud against the US government. I would assume that they didn't want a paper trail because they have an outstanding debt like child support. Even if it wasn't money laundering it's still fraud.

– Ron Beyer
3 hours ago







How do you know that your 20% tax bracket was greater than the tax bracket of person B? Either way this is a fraud against the US government. I would assume that they didn't want a paper trail because they have an outstanding debt like child support. Even if it wasn't money laundering it's still fraud.

– Ron Beyer
3 hours ago















What does B's tax bracket have to do with anything? It's my taxes, with or without the fake income, that is of concern...

– DJohnM
2 hours ago





What does B's tax bracket have to do with anything? It's my taxes, with or without the fake income, that is of concern...

– DJohnM
2 hours ago













Why is it crucial to your scenario that you not report the income as miscellaneous income on Schedule 1; why do you have to classify it as wages?

– user6726
1 hour ago





Why is it crucial to your scenario that you not report the income as miscellaneous income on Schedule 1; why do you have to classify it as wages?

– user6726
1 hour ago













"A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B." - That is not good enough. Just evading reporting requirements is already structuring, a form of laundering, even if there is no underlying crime.

– Kevin
13 mins ago





"A legally possesses the money and has a perfectly legal (and very private) reason to pay it to B." - That is not good enough. Just evading reporting requirements is already structuring, a form of laundering, even if there is no underlying crime.

– Kevin
13 mins ago










3 Answers
3






active

oldest

votes


















5














The primary crime that you have described is called money laundering.



There are also multiple tax related crimes that could be implicated, not all of which require that taxes due by the person charged by reduced. See, e.g., Conspiracy to Defraud the United States (18 U.S.C. § 371); Attempts To Interfere With Administration of Internal Revenue Laws (I.R.C. § 7212); Fraudulent Returns, Statements or Other Documents (I.R.C. § 7207); Identity Theft (18 U.S.C. § 1028(a)(7)), etc.






share|improve this answer































    1














    Did you misreport your income, now? How do you determine that?



    You received income from A. You did a service for A. You may have wildly overcharged, (or did you? You had expenses).



    IRS is concerned with the Step Doctrine. If doing something in one step is illegal, and you do several steps that have the same effect, then the steps are illegal.



    You are assuring us that the single step is legal, so the steps are legal.





    Examples.



    You're allowed to donate $2800 to a candidate's primary election. You give $2800 to a friend for him to donate to that same candidate. The "step doctrine" says that's the same as you giving $5600, and you are over limits!



    You get $1,000,000 cash selling meth. It would be illegal to deposit the whole lump without explaining the source. So you deposit $5000/day (structuring) or buy a car wash and sell washes to phantom customers (laundering).



    Here's the exception that proves the rule. Your income is too high to be eligible to contribute to a Roth IRA. You contribute $5000 to a NDIRA (no income limits). You immediately convert the NDIRA to a Roth (Income limits were removed in 2005). That was long thought to be illegal because of the Step Doctrine, but IRS and Congress have stated that it's OK.






    share|improve this answer

































      0















      I have submitted a false tax return




      Provided it really is false, you violate 18 USC 1001:




      (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—



      (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;



      (2) makes any materially false, fictitious, or fraudulent statement or representation; or



      (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;



      shall be [sentenced in various ways]




      It's "material" because it impacts the amount of tax you owe. The fact that it is detrimental to you is entirely irrelevant. Also, the exceptions in sections (b) and (c) are clearly inapplicable here, as neither applies to executive branch "matters" at all.



      (There are numerous more specific laws that you probably also violated. I just wanted to ensure that it's abundantly clear that lying on your tax return is illegal, by some law or another, in almost any scenario you can imagine.)





      share


























        Your Answer








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        3 Answers
        3






        active

        oldest

        votes








        3 Answers
        3






        active

        oldest

        votes









        active

        oldest

        votes






        active

        oldest

        votes









        5














        The primary crime that you have described is called money laundering.



        There are also multiple tax related crimes that could be implicated, not all of which require that taxes due by the person charged by reduced. See, e.g., Conspiracy to Defraud the United States (18 U.S.C. § 371); Attempts To Interfere With Administration of Internal Revenue Laws (I.R.C. § 7212); Fraudulent Returns, Statements or Other Documents (I.R.C. § 7207); Identity Theft (18 U.S.C. § 1028(a)(7)), etc.






        share|improve this answer




























          5














          The primary crime that you have described is called money laundering.



          There are also multiple tax related crimes that could be implicated, not all of which require that taxes due by the person charged by reduced. See, e.g., Conspiracy to Defraud the United States (18 U.S.C. § 371); Attempts To Interfere With Administration of Internal Revenue Laws (I.R.C. § 7212); Fraudulent Returns, Statements or Other Documents (I.R.C. § 7207); Identity Theft (18 U.S.C. § 1028(a)(7)), etc.






          share|improve this answer


























            5












            5








            5







            The primary crime that you have described is called money laundering.



            There are also multiple tax related crimes that could be implicated, not all of which require that taxes due by the person charged by reduced. See, e.g., Conspiracy to Defraud the United States (18 U.S.C. § 371); Attempts To Interfere With Administration of Internal Revenue Laws (I.R.C. § 7212); Fraudulent Returns, Statements or Other Documents (I.R.C. § 7207); Identity Theft (18 U.S.C. § 1028(a)(7)), etc.






            share|improve this answer













            The primary crime that you have described is called money laundering.



            There are also multiple tax related crimes that could be implicated, not all of which require that taxes due by the person charged by reduced. See, e.g., Conspiracy to Defraud the United States (18 U.S.C. § 371); Attempts To Interfere With Administration of Internal Revenue Laws (I.R.C. § 7212); Fraudulent Returns, Statements or Other Documents (I.R.C. § 7207); Identity Theft (18 U.S.C. § 1028(a)(7)), etc.







            share|improve this answer












            share|improve this answer



            share|improve this answer










            answered 8 hours ago









            ohwillekeohwilleke

            52k259131




            52k259131























                1














                Did you misreport your income, now? How do you determine that?



                You received income from A. You did a service for A. You may have wildly overcharged, (or did you? You had expenses).



                IRS is concerned with the Step Doctrine. If doing something in one step is illegal, and you do several steps that have the same effect, then the steps are illegal.



                You are assuring us that the single step is legal, so the steps are legal.





                Examples.



                You're allowed to donate $2800 to a candidate's primary election. You give $2800 to a friend for him to donate to that same candidate. The "step doctrine" says that's the same as you giving $5600, and you are over limits!



                You get $1,000,000 cash selling meth. It would be illegal to deposit the whole lump without explaining the source. So you deposit $5000/day (structuring) or buy a car wash and sell washes to phantom customers (laundering).



                Here's the exception that proves the rule. Your income is too high to be eligible to contribute to a Roth IRA. You contribute $5000 to a NDIRA (no income limits). You immediately convert the NDIRA to a Roth (Income limits were removed in 2005). That was long thought to be illegal because of the Step Doctrine, but IRS and Congress have stated that it's OK.






                share|improve this answer






























                  1














                  Did you misreport your income, now? How do you determine that?



                  You received income from A. You did a service for A. You may have wildly overcharged, (or did you? You had expenses).



                  IRS is concerned with the Step Doctrine. If doing something in one step is illegal, and you do several steps that have the same effect, then the steps are illegal.



                  You are assuring us that the single step is legal, so the steps are legal.





                  Examples.



                  You're allowed to donate $2800 to a candidate's primary election. You give $2800 to a friend for him to donate to that same candidate. The "step doctrine" says that's the same as you giving $5600, and you are over limits!



                  You get $1,000,000 cash selling meth. It would be illegal to deposit the whole lump without explaining the source. So you deposit $5000/day (structuring) or buy a car wash and sell washes to phantom customers (laundering).



                  Here's the exception that proves the rule. Your income is too high to be eligible to contribute to a Roth IRA. You contribute $5000 to a NDIRA (no income limits). You immediately convert the NDIRA to a Roth (Income limits were removed in 2005). That was long thought to be illegal because of the Step Doctrine, but IRS and Congress have stated that it's OK.






                  share|improve this answer




























                    1












                    1








                    1







                    Did you misreport your income, now? How do you determine that?



                    You received income from A. You did a service for A. You may have wildly overcharged, (or did you? You had expenses).



                    IRS is concerned with the Step Doctrine. If doing something in one step is illegal, and you do several steps that have the same effect, then the steps are illegal.



                    You are assuring us that the single step is legal, so the steps are legal.





                    Examples.



                    You're allowed to donate $2800 to a candidate's primary election. You give $2800 to a friend for him to donate to that same candidate. The "step doctrine" says that's the same as you giving $5600, and you are over limits!



                    You get $1,000,000 cash selling meth. It would be illegal to deposit the whole lump without explaining the source. So you deposit $5000/day (structuring) or buy a car wash and sell washes to phantom customers (laundering).



                    Here's the exception that proves the rule. Your income is too high to be eligible to contribute to a Roth IRA. You contribute $5000 to a NDIRA (no income limits). You immediately convert the NDIRA to a Roth (Income limits were removed in 2005). That was long thought to be illegal because of the Step Doctrine, but IRS and Congress have stated that it's OK.






                    share|improve this answer















                    Did you misreport your income, now? How do you determine that?



                    You received income from A. You did a service for A. You may have wildly overcharged, (or did you? You had expenses).



                    IRS is concerned with the Step Doctrine. If doing something in one step is illegal, and you do several steps that have the same effect, then the steps are illegal.



                    You are assuring us that the single step is legal, so the steps are legal.





                    Examples.



                    You're allowed to donate $2800 to a candidate's primary election. You give $2800 to a friend for him to donate to that same candidate. The "step doctrine" says that's the same as you giving $5600, and you are over limits!



                    You get $1,000,000 cash selling meth. It would be illegal to deposit the whole lump without explaining the source. So you deposit $5000/day (structuring) or buy a car wash and sell washes to phantom customers (laundering).



                    Here's the exception that proves the rule. Your income is too high to be eligible to contribute to a Roth IRA. You contribute $5000 to a NDIRA (no income limits). You immediately convert the NDIRA to a Roth (Income limits were removed in 2005). That was long thought to be illegal because of the Step Doctrine, but IRS and Congress have stated that it's OK.







                    share|improve this answer














                    share|improve this answer



                    share|improve this answer








                    edited 1 hour ago

























                    answered 2 hours ago









                    HarperHarper

                    3,0141215




                    3,0141215























                        0















                        I have submitted a false tax return




                        Provided it really is false, you violate 18 USC 1001:




                        (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—



                        (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;



                        (2) makes any materially false, fictitious, or fraudulent statement or representation; or



                        (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;



                        shall be [sentenced in various ways]




                        It's "material" because it impacts the amount of tax you owe. The fact that it is detrimental to you is entirely irrelevant. Also, the exceptions in sections (b) and (c) are clearly inapplicable here, as neither applies to executive branch "matters" at all.



                        (There are numerous more specific laws that you probably also violated. I just wanted to ensure that it's abundantly clear that lying on your tax return is illegal, by some law or another, in almost any scenario you can imagine.)





                        share






























                          0















                          I have submitted a false tax return




                          Provided it really is false, you violate 18 USC 1001:




                          (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—



                          (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;



                          (2) makes any materially false, fictitious, or fraudulent statement or representation; or



                          (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;



                          shall be [sentenced in various ways]




                          It's "material" because it impacts the amount of tax you owe. The fact that it is detrimental to you is entirely irrelevant. Also, the exceptions in sections (b) and (c) are clearly inapplicable here, as neither applies to executive branch "matters" at all.



                          (There are numerous more specific laws that you probably also violated. I just wanted to ensure that it's abundantly clear that lying on your tax return is illegal, by some law or another, in almost any scenario you can imagine.)





                          share




























                            0












                            0








                            0








                            I have submitted a false tax return




                            Provided it really is false, you violate 18 USC 1001:




                            (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—



                            (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;



                            (2) makes any materially false, fictitious, or fraudulent statement or representation; or



                            (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;



                            shall be [sentenced in various ways]




                            It's "material" because it impacts the amount of tax you owe. The fact that it is detrimental to you is entirely irrelevant. Also, the exceptions in sections (b) and (c) are clearly inapplicable here, as neither applies to executive branch "matters" at all.



                            (There are numerous more specific laws that you probably also violated. I just wanted to ensure that it's abundantly clear that lying on your tax return is illegal, by some law or another, in almost any scenario you can imagine.)





                            share
















                            I have submitted a false tax return




                            Provided it really is false, you violate 18 USC 1001:




                            (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—



                            (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;



                            (2) makes any materially false, fictitious, or fraudulent statement or representation; or



                            (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;



                            shall be [sentenced in various ways]




                            It's "material" because it impacts the amount of tax you owe. The fact that it is detrimental to you is entirely irrelevant. Also, the exceptions in sections (b) and (c) are clearly inapplicable here, as neither applies to executive branch "matters" at all.



                            (There are numerous more specific laws that you probably also violated. I just wanted to ensure that it's abundantly clear that lying on your tax return is illegal, by some law or another, in almost any scenario you can imagine.)






                            share













                            share


                            share








                            edited 1 min ago

























                            answered 6 mins ago









                            KevinKevin

                            322113




                            322113






























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