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


US work authorization laws for non-resident aliensIs lying/faking income for loans illegal?Can the cashier be held liable for credit card fraud if procedure isn't followed?When does the government charge for fraudCan an employer owe money for an employee's income tax?Promissory Note Versus Loan Agreement for Real Estate InvestmentIs it still consider Fraud if it is GIVEN for free?Is a disclaimer for a medical product enough to protect the company against prosecution for fraud?How to report Airbnb income in tax return?Is this a Prima Facie case for State Tax Fraud?













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
    7 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
    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
    53 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
    7 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
    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
    53 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 2 hours ago







DJohnM

















asked 7 hours ago









DJohnMDJohnM

375212




375212












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

    – SJuan76
    7 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
    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
    53 mins ago

















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

    – SJuan76
    7 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
    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
    53 mins ago
















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

– SJuan76
7 hours ago





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

– SJuan76
7 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
2 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
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





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
53 mins 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
53 mins ago










2 Answers
2






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

























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      2 Answers
      2






      active

      oldest

      votes








      2 Answers
      2






      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 7 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 1 hour ago









                  HarperHarper

                  3,0141215




                  3,0141215



























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