Tax
evasion is a kind of fraud that is happening by hiding its original income for
nonpayment or underpayment of taxes by showing falsifying a return or wrong
supporting documents or is income but didn’t report on a legal way. Tax evasion
is considered an illegal act, and that individual that bears this act have to
face some punishment in the form of fine, imprisonment or both according to tax
law. Illegal means are going to use in tax evasion to avoid the payment of
taxes. Many individuals or corporation use tax evasion scheme to hide or
misrepresent their income from the tax sector and try to save their tax payment
through illegal ways. Many ways are considered in the misrepresentation like
interest in offshore accounts, hiding money, inflating deductions and
underreporting income from the government. Many individuals are involved with
enterprises in the tax evasion because they can get admission of guilt and also
bear criminal charges if their true personal; income going to present in front
of others.
Tax Evasion in GCC (Gulf Cooperation Council)
Governments
of six GCC (Gulf Cooperation Council) states, in order to balance their budget,
highly rely on oil but this is not a very long term model due to unstable oil
prices. Therefore, the GCC countries have realized the importance of taxes and
started pursuing their people to pay taxes they owe and file their returns. Money
laundering charges can be faced by that individual whose earning come from the
legitimate source as try to report about them. Tax evasion in various GCC
states such as Saudi Arabia, Bahrain, and UAE etc. is considered a major illegal
activity that may cause the imprisonment or money penalties or both according
to condition and crime of the individual. Internal revenue code explains in
section 7201 is that with the extra penalties that provided by the law, in the
manner of attempts willfully by a person to defeat or evade the tax that is
imposed on his payment or title then he will conviction and feel guilty of a
felony and must be bear a fine of $100000 and the imprisonment of almost 5
years with the cost of prosecution collectively. The crime proof must explain
that unpaid liability must exist for the attendant circumstances. By the
defendant to evade or attempt to evade tax, the prosecution must need some affirmative
act. To pay a well-known duty, it must be shown to the prosecutor that the
specific intent possessed by the defendant. Beyond a reasonable doubt, of all
of these elements, the jury considers that the defendant feels guilty (Cornell, 2019). Saudi Arabia and
UAE have been first to implement VAT among other GCC states.
However,
still, there are some GCC countries that have not implemented VAT yet such as Kuwait;
Kuwait has announced not to implement VAT before 2021. In addition, the
Ministry of Finance of Qatar announced that VAT will not be introduced in 2019.
Oman also did not impose VAT yet but the state has announced to implement it from
September 2019.
Effect on the Tax of GCC (Gulf Cooperation Council) countries
The GCC
countries have largely depended on the energy sector, and they generate revenue
in large amount from these sectors. In these countries, VAT is the most common
method of consumption of taxes in the world. At the expense of exercise tax,
the growth is going to at large level. With other indirect taxes, the value
added tax is the best tool to collect revenue. A small administrative cost can
be spent on its to operate it properly and manageable way. In the GCC, the existing
tax rates are low and narrow bases to ensure the sustainability of the
financial flow to the budget with the revenue generated insufficient. In the
GCC no personal tax going to impose but only corporate tax is applied on their
businesses. So the VAT is going to use to generate more revenue and also
running the tax system more sufficiently.
The
effect of Tax evasion is also very much on the GCC as they can prevent the
payment of tax through their settlement, and they only pay corporate taxes
according to law. So the effect of tax evasion is very much impact on the
revenue of the GCC countries, and they can generate high revenue from their
businesses. A sufficing rate of value added tax must be established for the GCC
countries to receive the amount of tax and make stronger the tax system in such
courtiers. So tax evasion also implements on their revenues and also present
their income in most reasonable ways, but the value added tax can bring some
changes and play a vital role in paying the taxes and make the tax system
strong and beneficial for others (Abdulla, 2014).
Considerations of Tax Evasion in GCC (Gulf Cooperation Council) Countries
There
are some considerations in the GCC states that are included in the tax evaded is
the person doing to following actions:
claim personal expenditure as business expenses, used a wrong social
security number, underreported earning, failed to report income, failed to pay
tax, altered legitimate documents, created fake documents, claimed false
exemptions or deduction on the tax return and accept kickbacks. These are all
are considered as illegal acts because through these acts the actual payment of
tax is going to stop and the individual or taxpayer are not giving proper tax
that he has to pay on his actual income. And taxpayer adopts the scheme of tax
evasion to save tax and not presenting its real income because when the real
income is going to present then, he has to answerable for its all source of
income and then he has to pay a huge amount of tax that is a loss for his
income. So individual with proper planning hide its original income and save
the amount of tax (Fresh Books, 2019).
Difference Between Tax Avoidance and Tax Evasion
No individual
wants to pay taxes, but taxes are law, so this is a legal obligation of every
individual to pay tax according to its share. Tax avoidance and tax evasion are
the two terms that are normally utilized in the tax department. Tax avoidance
is a legal action to some extent, but the tax evasion is illegal through its
act. Tax avoidance means a legal act that performs for minimizing the tax rate
by utilizing multiple techniques that specify in the tax code for the convince
of the individuals or taxpayers. Different businesses are using acceptable by
law means and under the internal revenue code or state tax codes by taking all
legitimate from taxes the sheltering income or deductions by making different
insurance and retirement plans for employees and also make different benefit
programs for its employees that give a tax advantage to the business. Tax
shield word is normally used in the tax that is different strategies of tax
avoidance and provides a protective shield against higher taxes.
For
example, tax credit for legitimate purposes for the spending money as work
opportunity tax credit that spend business on hiring of the workers, tax
deferral plan that are propeller settlement for the payment of taxes until a
later date of paying tax and tax deduction that is taking legitimate to
minimize the expenses of the business and also minimize true tax expense of the
business through advantages. Tax loop is also used as tax avoidance that shows
a loophole in which a person technically avoids the restriction or purpose of
law without violating the law directly. Many tax experts used these type of
loopholes to save the tax of their clients and taking advantage of the part of the
law.
On
the other hand, if we consider the tax evasion then it is known as not legal
action for not submitting the tax through different means like not paying the
taxes, reporting expenses not legally acceptable and not reporting the income.
In this type of scenario, no excuse for the ignorance of law comes in mind for
the taxpayers. By industries or state taxes and on employment taxes, the tax evasion
is commonly used in the relation of income tax, and it is normally practiced.
Failing to pay turn over taxes you have collected from others to the proper
federal or state agency is one of the most common strategies of tax evasion.
Trust fund taxes also come in this category because appropriate state or
federal agency provided the turnover to the business with expectations. State
taxing authorities and other federal, state and local taxes can mean high fines
and penalties for failing to pay employment taxes to the IRS and sales tax.
Soon all type of taxes that a business owes can be practice the tax evasion.
If
you knowing to fail to report about income or not file the income tax return
then the tax evasion can be applicable and few examples of the tax evasion are;
hiding or transferring assets or income,
claiming false deductions,
claiming personal expenses as businesses expenses, in books and records
making false entries , keeping two set of books, the amount of deduction
overstated, omitting income or deliberately underreporting, failing to file
these returns or filing false payroll tax report, understating your taxes substantially,
deliberately underpaying taxes owed, abut business income or expenses providing
false information to the IRS, not reporting an income source and underreporting
income. Sometimes the individual mistakenly conducts this offence that is
negligence and avoid by the tax, but the intentional act for hiding the income
comes in the category of fraud. Underpayment or nonpayment consider in case of
mistake and almost 20 per cent of the penalty imposed in case of underpayment.
Recommendations to Avoid Tax Evasion
Tax
evasion is considered an illegal act, and when it shows that this act is done
willfully, then penalties and fines must be implemented by the IRS for tax
strategies that consider illegal; and also no practice happen for such act
before. Here are some recommendations that how tax evasions could be avoided:
·
The
complete knowledge of tax law is the best way to avoid being charged with tax
evasion for employment tax and income tax.
·
One example
is that for avoiding the audit, knowing the deduction of legal and also
recordkeeping requirements are a major factor. And the payment requirement and
payroll tax reporting are also very helpful in this regard.
·
In this
regard, the best professional tax consultant must be appointed in the business
that keeps an excellent record for the income and expenses and prepares the tax
carefully, and the article must be read that belong to tax evasion
constitutions.
·
Some
cases of tax evasion are reviewed in the court, but some are considered in the
criminal division of the IRS for the prosecution to a state or local tax
authority.
·
Crime belongs
to all frauds for tax, and willful and intentional fraud consider in the tax
evasion. Against these convicted for tax evasion, the IRS can bring criminal
charges and also penalties applied to the business with proper fines (Murray, 2019).
Conclusion on tax evasion
At
the end of the discussion, we can say that the tax evasion is a crime and many
individuals held this crime for their benefit and also show their all records
and information of business incomplete or hide the main information, so they
have to pay less amount of tax through this way, and when the IRS gets proper
investigation then they held for crime and proper fine and penalties for their
illegal act and crime.
References of tax evasion
Abdulla, G.
(2014). Is VAT the best choice for the GCC countries. Retrieved from
https://blogs.lse.ac.uk/mec/2016/08/09/is-vat-the-best-
choice-for-the-gcc-countries/
Cornell. (2019). Tax
evasion. Retrieved from https://www.law.cornell.edu/wex/tax_evasion
Fresh Books. (2019). What
Is Tax Evasion? It’s a Crime. Retrieved from
https://www.freshbooks.com/hub/taxes/tax-evasion
Murray, J. (2019, june, 21).
What Is the Difference Between Tax Avoidance and Tax Evasion? Retrieved
from
https://www.thebalancesmb.com/tax-avoidance-vs-evasion-397671