06/22/2023 in Accountant

The Hunter Biden Case: Failure to File a Return Can Land You in Jail

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This week, Hunter Biden, the President’s son, entered a guilty plea for a misdemeanor gun charge and two tax charges related to willful failure to file tax returns. Despite the possibility of facing jail time, he ultimately received a suspended sentence.

Putting aside any political implications, I was unaware that not filing a tax return could lead to imprisonment. In the past, I have prepared many overdue returns, some of which were several years late. I mistakenly believed that the worst consequence would be a substantial penalty assessment, along with interest and the unpaid taxes.

Curiosity prompted me to research the IRS regulations, specifically Section 7203, which confirmed that willful failure to file a return, pay taxes, maintain specific information, or provide requested information can result in a $25,000 fine and up to one year of incarceration. It’s important to note, however, that these outcomes are the result of a legal process. There are several options available to taxpayers that can help avoid reaching such a point, with the most obvious being to file the returns, pay the taxes owed, and provide the requested information to the IRS.