Legal Question in Tax Law in California
taxes & child support
if someone owes back child support and is not filing their tax returns because they know it will be intercepted is this considered tax evasion?
3 Answers from Attorneys
Re: taxes & child support
see also:
http://www.irs.gov/businesses/small/article/0,,id=122721,00.html
http://www.irs.gov/businesses/small/article/0,,id=108327,00.html
Re: taxes & child support
No, it is considered stupid. If he is entitled to a refund, which would be redirected to his child, it would go to reduce the amount he ultimately must pay. If he waits too long, he will lose the refund because there is a 3 year statue of limitations from April 15th of when the tax return is due, whether he files or not. Meaning, he will lose his refund one way or the other.
Re: taxes & child support
It's only tax evasion if they are failing to pay tax. The IRS can file an estimated return on the taxpayer's behalf and bill them if they IRS believes they owe tax. Nonetheless, you are still required by law to file a tax return.
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