COULD I GET A SUSPENDED SENTENCE FOR TAX EVASION?

Being accused of tax evasion can be a deeply unsettling experience. You may be worried about your reputation, your finances, and the possibility of going to prison. The legal process can seem confusing and intimidating, especially if you have never faced criminal proceedings before. Many people in your position want to know what a suspended sentence is, whether it could apply to their case, and what steps they can take to improve their chances of a positive outcome. This article is here to guide you through the basics of tax evasion as an offence, the types of sentences you might face, how suspended sentences work, and what you can do to help your case. Our aim is to provide clear, practical information so you can make informed decisions and feel more confident about the road ahead.

What is tax evasion?

Tax evasion is a criminal offence under English law. It involves deliberately failing to pay the correct amount of tax, or actively taking steps to hide income, assets, or information from HM Revenue & Customs (HMRC). The main laws covering tax evasion are the Taxes Management Act 1970 and the Fraud Act 2006.

Tax evasion is not the same as making a mistake on your tax return. The key difference is dishonesty. For an act to be considered tax evasion, there must be an intention to deceive HMRC and avoid paying tax that is lawfully due. This can include failing to declare income, underreporting earnings, claiming false expenses, or hiding money in offshore accounts.

For example, if someone runs a business and deliberately does not declare all their cash sales, or if a landlord fails to report rental income, these could be cases of tax evasion. Similarly, submitting false documents or creating fake invoices to reduce your tax bill would also fall under this offence.

What are the usual sentences for tax evasion?

Tax evasion is treated very seriously by the courts, especially when large sums of money are involved or the conduct has gone on for a long time. The maximum sentence for tax evasion in the Crown Court is 7 years’ imprisonment and/or an unlimited fine. However, not every case results in a prison sentence.

Sentences for tax evasion can range from a financial penalty or community order for less serious cases, up to several years in prison for the most serious offences. The court will consider the amount of tax evaded, the length of time over which the offence took place, the level of planning, and whether there was any abuse of trust or position. In some cases, the court may decide that a suspended sentence is appropriate, particularly if the amount involved is lower, the offence was a one-off, or there are strong personal circumstances.

What is a suspended sentence and how does it work?

A suspended sentence is a custodial sentence that does not take effect immediately. Instead, the court imposes a prison sentence but “suspends” it for a set period, usually between six months and two years. During this time, you are allowed to remain in the community, provided you comply with certain conditions set by the court.

These conditions might include doing unpaid work, attending rehabilitation or educational programmes, or observing a curfew. If you comply with all the conditions and do not commit any further offences during the suspension period, you will not have to serve the prison sentence. However, if you breach the conditions or commit another offence, the court can activate the sentence, meaning you will have to go to prison for the original term, as well as face any new penalties.

A suspended sentence is not a “get out of jail free” card. It is a serious warning and a chance to prove that you can stay out of trouble.

Can tax evasion result in a suspended sentence?

Yes, it is possible for tax evasion to result in a suspended sentence, but this depends on the seriousness of the offence and your personal circumstances. The court will look at the facts of the case, including the amount of tax evaded, the period over which the offence took place, your role in the offence, and whether you have any previous convictions.

For example, if you have no previous convictions, the amount of tax evaded was relatively small, and you have shown genuine remorse, the court may consider suspending your sentence. On the other hand, if the tax evasion was for a large sum, involved sophisticated planning, or you have a history of similar offences, a suspended sentence is much less likely.

Know that a suspended sentence is only available if the court decides that the offence is serious enough to justify a prison sentence, but that there are exceptional reasons why immediate custody can be avoided.

What factors do courts consider when deciding on a suspended sentence for tax evasion?

When deciding whether to suspend a sentence for tax evasion, the court will consider a range of factors:

• The amount of tax evaded is a key consideration. Larger sums, or offences that have gone on for a long time, are more likely to result in immediate custody.
• The court will also look at the level of planning and sophistication involved. If the offence was carefully organised, involved false documents, or was part of a wider scheme, this will weigh against a suspended sentence. Abuse of trust, such as a professional or someone in a position of responsibility committing the offence, is also taken seriously.
• The impact on public finances and the wider community is another important factor. Tax evasion undermines the fairness of the tax system and can affect public services.
• Your personal circumstances will also be considered. If you have health problems, caring responsibilities, or other strong reasons, the court may take these into account.
• Remorse and efforts to make amends, such as repaying the tax or cooperating with HMRC, can also help your case.
• The court will also look at your likelihood of reoffending. If you can show that you have addressed the reasons behind the offence, such as financial difficulties or addiction, this can be a positive factor.
• Willingness to comply with the requirements of a suspended sentence, such as doing unpaid work or attending courses, is also important.

How serious does the offence have to be for a prison sentence for tax evasion?

Not every case of tax evasion leads to a prison sentence. The court will only impose immediate custody if the offence is so serious that no other sentence is appropriate. This usually means cases involving large sums of money, a high degree of planning, or repeated offending.

For example, if someone has evaded a significant amount of tax over several years, or has used false documents and offshore accounts to hide income, the court is likely to see this as so serious that only a prison sentence will do. On the other hand, if the amount involved was small, the offence was a one-off, and there are strong personal reasons, the court may consider alternatives such as a community order or a suspended sentence.

The court will also look at whether you have previous convictions for similar offences. Repeat offenders are much more likely to receive immediate custody. However, even for first-time offenders, the seriousness of the offence can tip the balance towards prison.

What can I do to improve my chances of getting a suspended sentence for tax evasion?

If you are facing a charge of tax evasion, there are practical steps you can take to improve your chances of receiving a suspended sentence. The most important is to seek expert legal advice as early as possible. A specialist criminal defence solicitor can help you understand the case against you, gather evidence in your favour, and present your personal circumstances in the best possible light.

Showing genuine remorse is also important. This means accepting responsibility for your actions, apologising, and showing that you understand the seriousness of the offence. If you can repay the tax or make arrangements to do so, this can be a powerful factor in your favour.

Providing evidence of positive personal circumstances can also help. This might include references from employers, proof of stable employment, or evidence of caring responsibilities. If you have underlying issues such as financial difficulties, addiction, or mental health problems, taking steps to address these, such as engaging with support services, can show the court that you are committed to change.

Finally, being willing to comply with the requirements of a suspended sentence, such as attending courses or doing unpaid work, can demonstrate to the court that you are taking the opportunity seriously.

Where to get more help

If you are facing a charge of tax evasion, arrange for legal advice as soon as possible. At Stuart Miller Solicitors, we have extensive experience in defending clients accused of tax evasion and other financial offences. We understand how stressful and confusing this time can be, and we are here to guide you through every step of the process. For a free, confidential consultation, contact us today and we will help you understand the next steps.

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14:25 20 Jan 25

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16:48 16 Jan 25

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13:15 27 Nov 24

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23:28 16 Nov 24

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15:49 12 Nov 24

I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

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11:53 28 Oct 24

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15:43 11 Oct 24

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14:13 14 Aug 24

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19:53 11 Aug 24

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17:21 25 Jul 24

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16:59 11 Jul 24

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15:02 30 Jun 24

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

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18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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23:16 24 Apr 24

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Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

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