Failure to File Tax Return Lawyer in Burlington County, NJ
Failing to file a federal tax return is a serious offense under 26 U.S.C. § 7203, prosecuted in the U.S. District Court for the District of New Jersey. If you are under investigation or charged, a failure to file tax return lawyer Burlington County from Law Offices Of SRIS, P.C. can provide a strong defense.
Federal Law on Failure to File Tax Returns
The federal statute governing the willful failure to file a tax return is 26 U.S.C. § 7203. This law makes it a misdemeanor crime to willfully fail to file a return, supply information, or pay a tax by the required deadline. The key element for prosecutors to prove is “willfulness,” meaning a voluntary, intentional violation of a known legal duty. It is not enough to show you forgot or made a mistake; the government must prove you knew you had a filing requirement and chose not to meet it.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | Federal statutes are maintained by the Office of the Law Revision Counsel.
Official Legal Resources
For the exact language of the federal statute, you can review 26 U.S.C. § 7203 (willful failure to file). For local court procedures and rules, visit the U.S. District Court for the District of New Jersey website.
Defending Against Unfiled Tax Return Charges in Burlington County
Defending against an unfiled tax return charge requires a detailed understanding of both tax law and federal criminal procedure. In Burlington County, these cases are typically investigated by the IRS Criminal Investigation (IRS-CI) division and prosecuted by the U.S. Attorney’s Office for the District of New Jersey. A common defense strategy is to challenge the “willfulness” element, arguing the failure was due to negligence, a misunderstanding of the law, or a reliance on incorrect professional advice rather than intentional wrongdoing.
- Initial Contact & Case Assessment: Immediately consult with a tax delinquency defense lawyer Burlington County upon receiving any IRS notice or being contacted by an agent. We review your tax history and the facts.
- Investigation Response: If under investigation, we can communicate with the IRS or federal prosecutors on your behalf to present mitigating facts and seek a civil resolution.
- Pre-Indictment Negotiation: Before formal charges are filed, we may negotiate for a deferred prosecution agreement or a plea to a lesser charge if the evidence is strong.
- Trial Preparation & Defense: If the case proceeds to indictment, we build a defense focused on lack of willfulness, filing of delinquent returns, and demonstrating steps toward compliance.
- Sentencing Mitigation: If a conviction occurs, we present extensive mitigation to argue for probation, home confinement, or minimal incarceration, emphasizing restitution and future compliance.
Potential Penalties for Failure to File
In Burlington County, a federal failure to file tax return charge under 26 U.S.C. § 7203 is a misdemeanor but carries significant penalties, including incarceration and substantial fines.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Willful Failure to File (26 U.S.C. § 7203) | Misdemeanor | Up to 1 year in federal prison per count | Up to $100,000 for individuals ($200,000 for corporations) plus costs of prosecution | Mandatory restitution for unpaid taxes; civil fraud penalties; professional license implications; permanent criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Federal Tax Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to complex federal cases. Mr. Sris, the firm’s managing attorney, is a former prosecutor with a background in accounting and information systems, providing a distinct advantage in dissecting financial evidence and IRS procedures. This foundation is critical when building a defense against an unfiled tax return charge.
Case Results and Client Advocacy
Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. While specific results are unique to each case, our approach in federal matters focuses on early, aggressive intervention to seek resolutions that avoid the most severe penalties. We have successfully negotiated pre-indictment diversions and favorable plea agreements in federal financial cases.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Burlington County Federal Tax Defense Lawyers
Our New Jersey location serves clients facing federal charges in Burlington County. We are accessible from Mount Holly, Mount Laurel, Moorestown, and surrounding communities via the NJ Turnpike and I-295.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
By appointment only.
24/7 Phone Consultations — Meetings by appointment only. If you need a failure to file tax return lawyer Burlington County, call us at any time.
Frequently Asked Questions
What is the difference between failure to file and failure to pay?
Yes, they are distinct charges. “Failure to file” (26 U.S.C. § 7203) is a criminal misdemeanor for not submitting a return. “Failure to pay” is typically a civil matter, though it can become criminal if willful tax evasion (a felony under § 7201) is proven. You can file a return but not pay, incurring civil penalties and interest.
Can I go to jail for not filing a tax return?
Yes. A conviction for willful failure to file is a misdemeanor punishable by up to one year in federal prison per unfiled return. While not every case results in jail time, the risk is real, especially if the IRS views the conduct as egregious or part of a pattern of non-compliance.
What should I do if I haven’t filed taxes in years?
It depends on your situation. The first step is to consult confidentially with a tax delinquency defense lawyer Burlington County. We can help you implement a strategy, which often involves voluntarily filing delinquent returns through the IRS’s voluntary disclosure practice or other programs to become compliant and potentially avoid criminal prosecution.
How does an unfiled tax return charge lawyer Burlington County defend my case?
A defense often centers on negating “willfulness.” We may argue you lacked the mental state required for a crime due to reliance on a tax preparer, mental incapacity, or a genuine misunderstanding of the filing requirement. We also work to file past-due returns and negotiate restitution to demonstrate good faith to the court.
Will the IRS find out if I don’t file?
It is very likely. The IRS receives information from employers (W-2s), banks (1099s), and other sources. Automated systems match this data to filed returns. If no return is filed for income that is reported to the IRS, it will generate a notice and may initiate an audit or criminal investigation.
Internal Resources and Related Pages
For more on federal defense, see our New Jersey Federal Criminal Lawyer hub page. We also assist with related issues like Burlington County business law and civil litigation. Learn more about Mr. Sris’s background and experience.
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding failure to file tax return charges.