Voluntary Disclosure
Federal and State Voluntary Disclosure Programs
If you believe that you have failed to fully comply with any U.S. tax laws, it is best to be proactive to resolve this issue as quickly as possible. Based on the nature of the non-compliance, the Voluntary Disclosure Practice could be your best option to limit your exposure to criminal prosecution. Essentially, this program offers an opportunity to inform the IRS of misconduct relating to your tax obligations, in return for a non-criminal (i.e., civil) outcome. Submitting a voluntary disclosure does not guarantee criminal immunity, but it may influence the IRS not to pursue prosecution. The decision to participate in the Voluntary Disclosure Practice should only be made after a thorough review of all facts and circumstances relating to the tax issue, as there are other disclosure options that should also be considered.
Many states also have voluntary disclosure programs. For example, the Comptroller of Maryland has a Voluntary Disclosure Agreement Program that allows taxpayers who have unfiled, delinquent tax returns to request and obtain acceptance into the program anonymously through a representative, prior to disclosing their identity. Maryland’s program also offers penalty abatement agreements in certain situations.
When your legal situation possibly calls for a voluntary disclosure, contact the Law Office of Gerald W. Kelly immediately. With my 30 years of tax experience, including my time as a former IRS Revenue Officer, I will be able to assist with the complex process of making a voluntary disclosure and implementing a strategy to avoid a criminal prosecution.
Handling the Disclosure Process Properly
A voluntary disclosure is generally considered timely if it is received before (1) a criminal investigation or civil examination is open, (2) information from a third party regarding non-compliance is received by the government, or (3) relevant information is acquired by the IRS or state taxing authority from a search warrant, grand jury subpoena, or another criminal enforcement action. The Law Office of Gerald W. Kelly will help you through the entire voluntary disclosure process. We will work with you and the IRS to make the necessary arrangements to resolve your tax issue, and we will work zealously to minimize penalties.
Call to Schedule a Consultation
If you believe you have violated federal and state tax laws, please call me immediately. The IRS, Comptroller of Maryland, and other state taxing authorities have substantial resources available to prosecute tax crimes. Don’t let your violations evolve into criminal charges. At the Law Office of Gerald W. Kelly, I’ll advocate for you by guiding you through the voluntary disclosure process to minimize your criminal exposure, if appropriate. My substantial experience and in-depth knowledge of tax law and procedures will help you reach a favorable resolution. Call my office today to schedule a consultation.