Lawyer tax evasion
If you are facing allegations of tax evasion, instructing an experienced lawyer is crucial to effectively protect your rights and minimise potential penalties. A specialist tax lawyer not only offers in-depth knowledge of the complex legislation, but also the necessary experience in handling such cases to provide you with a tailored defence strategy.
The complexity of tax law requires professional support. A lawyer will help you to analyse the situation, assess possible risks and develop an individual defence strategy.
He supports you in communicating with the tax authorities and represents your interests in court. He can also help you prepare a voluntary disclosure to reduce possible penalties.
LW-P Lüders Warneboldt has stood for trust and legal precision for over 40 years. Our interdisciplinary team of lawyers, tax advisors and auditors offers you comprehensive advice and customised solutions for all tax law challenges. We attach great importance to a trusting co-operation at eye level and are passionate about defending your interests.
Don’t stand alone in this difficult situation: We are your strong partner!
Do you have questions about tax evasion or do you need legal assistance? Contact us for a confidential initial consultation.
Our services in the area of criminal tax law & tax evasion
If you are suspected of tax evasion or are involved in ongoing criminal tax proceedings, you need fast and competent help. Our experienced lawyers are at your side and offer you comprehensive support in all matters relating to criminal tax law. With our interdisciplinary expertise and many years of experience in tax law, we develop customised solutions for your individual situation.
We carry out a thorough analysis of your tax situation and offer a well-founded initial assessment. Our experienced lawyers will explain the legal risks and possible consequences to you.
Based on the analysis of your case, we develop a customised defence strategy. We take into account all relevant legal and tax aspects in order to represent your position in the best possible way.
We provide you with comprehensive advice on the possibility of making a voluntary disclosure to avoid prosecution and guide you through the entire process in order to achieve the best possible results.
Our lawyers represent you competently in all phases of criminal tax proceedings – from negotiations with the tax authorities to defence in court.
We are at your side during tax investigations and house searches, protect your rights and ensure that the proceedings run smoothly.
In complex cases such as VAT carousels, we offer specialised criminal defence and work closely with tax experts.
We support you in the settlement of tax arrears and negotiate with the relevant authorities to achieve fair solutions.
Our comprehensive advice also includes preventive measures to avoid future tax problems and to optimise your tax situation.
What you can expect from LW-P Lüders Warneboldt
Many years of experience and interdisciplinary expertise
We have been advising and representing companies and entrepreneurs in all tax matters for over 40 years. Our team of experienced lawyers, tax advisors and auditors work hand in hand to offer you a holistic solution that takes into account both tax and legal aspects.
Discretion and personalised support
We know that tax matters are often sensitive. That’s why we guarantee absolute discretion and confidential handling of your data. Your personal contact is available to you at all times and will guide you through the entire process.
Your advantage: Customised solutions for your success
Thanks to the close cooperation of our experts, we can offer you customised solutions that are tailored to your individual needs and objectives. We work with you to develop a strategy that not only solves your legal problems, but also takes your commercial interests into account.
What is tax evasion?
Tax evasion is a criminal offence defined in Section 370 of the German Fiscal Code (AO). According to Section 370 (1) AO, anyone who makes incorrect or incomplete statements to tax authorities or other authorities about tax-relevant facts, fails to inform the tax authorities about tax-relevant facts in breach of duty or fails to use tax stamps or tax stamps in breach of duty and thereby reduces taxes or obtains unjustified tax advantages for themselves or another person is liable to prosecution.
Differentiation between tax evasion, tax reduction and tax fraud: While tax evasion is an intentional act, tax reduction can also be negligent. Tax fraud, on the other hand, is not an independent criminal offence under German law, but falls under the concept of tax evasion.
Forms of tax evasion
Tax evasion can take various forms, including
- Non-declaration of income
- False information in the tax return
- Failure to file tax returns
- Concealment of assets
- Bogus self-employment
- Undeclared work
- Manipulation of business books
Typical cases of tax evasion are
- Failure to declare additional income
- Excessive business expenses
- Concealment of foreign assets
- False invoicing (e.g. for value added tax)
- Input tax deduction from bogus invoices
- Non-declaration of employees
Tax evasion Penalties and consequences
Category: Fine
Penalty: Fine of up to 50,000 euros
Description: Often for minor tax evasion
Category: Custodial sentence
Penalty: Up to 5 years
Description: For more serious cases of tax evasion
Category: Particularly serious case
Penalty: Up to 10 years
Description: For particularly serious cases, e.g. with a high amount of evasion or criminal energy
FAQ - Frequently asked questions about tax evasion
In the event of a report of tax evasion, the competent tax authority will initiate an investigation. During the investigation, your tax details and documents will be thoroughly scrutinised. In the worst case scenario, you could be convicted and face severe penalties.
The penalties for tax evasion can vary depending on the amount of tax evaded and other circumstances. Fines and prison sentences of up to 5 years are possible. In particularly serious cases, prison sentences of up to 10 years can be imposed.
Yes, a lawyer is subject to a legal duty of confidentiality. All information that you entrust to your lawyer in the course of counselling and representation will be treated in strict confidence.
Whether a report makes sense depends on the individual circumstances. In some cases, a voluntary disclosure can be useful in order to achieve immunity from prosecution or a reduced sentence. A specialist tax lawyer can advise you on this.
The limitation period for tax evasion is generally five years, but can be up to fifteen years in certain cases. The limitation period begins at the end of the year in which the tax evasion was committed.
As a rule, it is not possible to report tax evasion online. In most cases, a written report to the competent tax authority is required.
Yes, undeclared work is a form of tax evasion, as it involves the evasion of wage tax. Both the client and the contractor are liable to prosecution.
