What is tax avoidance vs. tax evasion?

What is tax evasion?

Tax evasion is a type of fraud in which people or corporations underreport or fail to report income or revenue earned to the IRS to avoid tax obligations. Claiming deductions you’re not eligible for or putting money in hidden offshore accounts are examples of tax evasion that can lead to fines, jail time or both.

What is tax avoidance?

Tax avoidance is the use of legal methods to reduce taxable income and lower your tax bill. This includes investing in tax-advantaged accounts, claiming deductions for which you’re eligible and claiming tax credits for tax relief.

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Tax avoidance vs. tax evasion: What's the difference?

The main difference between tax avoidance and tax evasion is that tax evasion is illegal, while tax avoidance is perfectly legal.

“Tax evasion is the willful underpayment of tax obligations in violation of prevailing laws. Tax avoidance involves actions taken to reduce one's tax liability through means that are at least technically legal,” explained Robert Bird, professor of business law at the University of Connecticut. “Tax avoidance can encompass routine measures to reduce tax obligations, sometimes known as tax management,” he told us.

Tax evasion happens when people lie, hide their income or manipulate financial reports in order to pay less in taxes.

Two examples of evasion:

• Claiming credits for which you’re not eligible
• Failing to report bonuses or additional income

On the other hand, contributing to your 401(k) and deducting that amount from your taxable income to lower your tax bill is entirely legal.

Examples of tax evasion

Tax evaders come up with many creative, illegal techniques to avoid paying taxes. Below are a few examples.

Concealing financial assets

Tax evaders may conceal financial assets by setting up offshore accounts and hiding them from the IRS. Another illegal way to conceal assets is by transferring ownership to someone else during an audit to avoid tax liability.

Underreporting income

There are many reasons people underreport income. If someone is generating revenue by illegal means, for instance, filing taxes might expose their activities to law enforcement — so they may not report everything.

Another common scenario in which people underreport income, which may seem harmless, is when an individual has a full-time job and a side hustle but fails to report income from their secondary job.

“Some tax avoidance involves an elaborate series of convoluted transactions made in defiance of the spirit, but in compliance with letter of tax requirements,” Bird said. “These include highly technical and abusive tax shelters that can be marketed to wealthy taxpayers by tax professionals.”

Claiming more dependents than you have

The IRS allows you to claim tax credits or deductions if you have a qualifying child or relative who relies on you for financial support. If you are married and filing jointly, the child tax credit for a qualifying dependent is $2,000 if your modified adjusted gross income is $400,000 or below.

Claiming more dependents than you have can lower the amount of taxes you pay, but it’s classified as tax evasion and, therefore, illegal.

Examples of tax avoidance

There are several legal methods individuals and entities can employ to avoid taxes without engaging in elaborate illegal schemes, including the following:

Standard deductions

A standard deduction is a set dollar amount by which your taxable income is reduced. The IRS allows you to take the standard deduction if you choose not to itemize your deductions. Most taxpayers prefer standard deductions, especially when their itemized deductions are less than the standard deductions.

In 2024, single filers can deduct up to $14,600, and married couples filing jointly can deduct $29,200. Blind individuals and taxpayers over 65 can claim an additional deduction of $1,550.

Retirement savings

Contributing to an individual retirement account (IRA) or an employer-sponsored retirement account, such as a 401(k), can help lower your taxes.

Traditional retirement savings accounts allow you to contribute before-tax dollars and deduct the contributions from your taxable income. Taxes on these contributions are deferred and paid when you withdraw the funds in retirement.

Work expenses

Before 2018, it was possible to lower your tax bill by deducting work items. The Tax Cuts and Jobs Act eliminated this deduction for most people at the federal level, but some states still permit you to claim certain expenses your employer won’t reimburse you for on your annual tax return.

These deductions include work expenses necessary to do your job, such as mileage driven on a personal vehicle used for work, tools required for your job and union dues.

Rental property expenses

If you’re a landlord, the IRS expects you to report all rental income in your tax report. You can take advantage of the rental property tax deductions to lower your tax bill. Rental property owners can save money by deducting depreciation, property taxes, mortgage interest and the cost of operations.

Offshore accounts

Offshore accounts are associated with tax evasion, but they're only illegal if they’re kept a secret from the IRS. Otherwise, they’re legal loopholes in the U.S. tax code that allow high-net-worth individuals (HNWIs) and corporations to move their funds to offshore tax havens.

Tax havens are locations with more favorable tax laws and looser regulations. Going offshore by opening bank accounts in other countries allows HNWIs to avoid paying higher taxes in their home countries.

Penalty for tax evasion

Since tax evasion is illegal, there are consequences — one of which is a fine of up to $500,000 for corporations and $100,000 for individuals. You will also get a felony on your record, and you might also serve jail time for up to five years. On top of that, you’ll pay for the cost of your prosecution, including court bills and legal fees.

You might also do jail time and pay the fine, depending on the circumstances. It’s important to note that if your tax evasion was an innocent mistake, you won’t be charged; intent is the most significant factor in the prosecution of tax evasion. The IRS conducts a lengthy and intense investigation before charging anyone with tax evasion.

Bottom line

Paying taxes can be stressful, and wanting to lower your bill is completely understandable. There is, however, a right and wrong way of doing it.

Tax evasion is a crime, and the consequences are harsh for individuals — up to five years in jail, a $100,000 fine or both. To stay compliant with the law, we recommend educating yourself on tax avoidance to learn legal strategies that can lower your taxable income.