{"id":354022,"date":"2017-08-14T18:17:40","date_gmt":"2017-08-14T23:17:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/tax\/tax-problems-audits\/tax-evasion-penalties-and-other-consequences.html"},"modified":"2025-03-25T10:41:17","modified_gmt":"2025-03-25T15:41:17","slug":"tax-evasion-penalties-and-other-consequences","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/tax\/tax-problems-audits\/tax-evasion-penalties-and-other-consequences.html","title":{"rendered":"Tax Evasion Penalties and Other Consequences"},"content":{"rendered":"\n
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Can You Go to Jail for Not Filing Taxes?<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Yes, you can go to jail for not filing taxes if the government can prove you committed tax evasion. This crime involves intentionally not paying taxes by illegal means, such as underreporting income, overstating deductions, or not filing tax returns altogether. A conviction can lead to severe penalties, including prison time.<\/p>\n\n <\/div>\n\n

Most people know that having unpaid taxes<\/a> is a serious problem. The fees and penalties can add up, significantly increasing the amount you owe the government.<\/p>\r\n

The good news is that owing back taxes is typically not a criminal offense. But, this doesn\u2019t mean that you\u2019ll be immune from a criminal investigation. If you attempt to avoid paying your taxes, you may face charges for criminal tax evasion<\/a>.<\/p>\r\n

For example, if you don\u2019t file tax returns for several years<\/a>, the government will want to know why. If the government selects you for an IRS audit<\/a> and finds that you have committed criminal tax fraud, the penalties are pretty severe.<\/p>\r\n

Here, we\u2019ll explain what happens to people who commit tax crimes<\/a>. Specifically, we\u2019ll discuss whether you can go to jail for not filing taxes.<\/p>\r\n

What Is Tax Evasion?<\/h2>\r\n

You don\u2019t have to be an expert in tax law<\/a> to know that not filing income taxes is illegal. Regardless of the amount of tax you owe, the law requires that you file a tax return every year that you earn income. If you fail to do this, you may face tax evasion charges.<\/p>\r\n

Tax evasion involves the nonpayment and underpayment of taxes through illegal means. The IRS must show that you acted intentionally to be found guilty of tax evasion<\/a>. The government doesn\u2019t pursue criminal charges against someone who underpays their taxes by honest mistake<\/a> or due to a reasonable error. <\/p>\r\n

Generally, the IRS cannot send you to jail for late filing. Tax evasion requires that you intentionally file taxes or lie on your tax return<\/a>.<\/p>\r\n

In most tax evasion cases<\/a>, the government must show that you falsified your tax return or submitted false documents to the Internal Revenue Service. The government must also show that you did this to underreport your income or otherwise reduce your tax bill.<\/p>\r\n

Common Types of Tax Evasion<\/h2>\r\n

As stated above, forgetting to file your tax return<\/a> on time or having unfiled returns does not constitute tax evasion. Nor is it illegal to make an honest mistake on your return. Tax evasion involves deliberately avoiding paying taxes or paying less than you actually owe.<\/p>\r\n

Some common examples of tax evasion include:<\/p>\r\n