Technological developments in data analytics have facilitated the movement toward searching for and finding taxpayers that defraud the state by underreporting taxes, collecting taxes from customers and not reporting and remitting the taxes, withholding taxes from employees and not remitting the taxes and other efforts to evade or defeat taxes. Discussion will include (1) an overview of how the Department of Revenue determines whether to pursue a criminal or civil fraud case; (2) a survey of the applicable Georgia tax fraud statutes (criminal and civil); (3) some anecdotal examples of how the Department pursues tax fraud; and (4) a discussion of how to minimize liability where a taxpayer has committed fraud but has not been contacted by the Department of Revenue.
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