Cleveland, OH asked in Tax Law for Ohio

Q: Is not paying taxes a crime?

Local income tax return was filled a year ago. I have tried to get in touch with the local tax office but then referred to another tax agency. I sent a letter stating I would agree to payment arrangements.

No response.

Got certified letter stating criminal charges for not paying. Misdemeanor charges for not paying.

Isn't not paying civil?

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2 Lawyer Answers

A: Many jurisdictions have criminal penalties for non-payment of income taxes. The federal statute is 26 USC Section 7202. A criminal penalty is generally sought when the taxpayer has been ignoring letters and/or bills or is spending money without regard to his or her tax liability.

A: Federal non-payment is civil but municipalities are free to define their own laws. It’s likely the city you’re dealing with has defined non-payment as a crime.

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