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Tax Crimes Lawyers Melbourne

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Facing a Tax Crime Investigation in Victoria?

Tax crimes – including conduct prosecuted as tax fraud and tax evasion – are among the most serious financial offences prosecuted in Australia. Whether you are responding to an ATO audit, have been contacted by the Australian Federal Police, or are anticipating action from the CDPP, the stakes are high. Penalties can include substantial fines, a permanent criminal record, and imprisonment.

At Slades & Parsons, our criminal defence lawyers have over 35 years of experience representing individuals and businesses facing tax crime allegations – from early-stage ATO investigations through to complex Commonwealth prosecutions. We provide clear, strategic guidance from the moment you engage us.

If you are under investigation or have been charged with a tax-related offence, do not delay. Contact Slades & Parsons today on (03) 9602 3000 for a confidential consultation.

How Tax Fraud and Evasion Are Prosecuted in Australia

Most tax crime matters involving income tax, GST, or other ATO-administered obligations are Commonwealth offences prosecuted federally under the Criminal Code Act 1995 (Cth) and the Taxation Administration Act 1953 (Cth). Prosecutions are typically brought under general dishonesty and deception provisions within the Criminal Code rather than under provisions specifically titled “tax fraud” or “tax evasion”.

Separately, the Victorian State Revenue Office administers state taxes – including duties, payroll tax, and land tax – under the Taxation Administration Act 1997 (Vic), which carries its own penalty regime for fraudulent evasion of state tax obligations.

Both tax fraud and tax evasion involve deliberate dishonesty to reduce or avoid tax. They are distinct from tax avoidance, which uses lawful strategies to minimise tax liability and is entirely legal. The line between the two can determine whether you face a civil penalty or a criminal prosecution.

Defending ATO Investigations and Tax Crime Charges

Tax crime matters are complex, evidence-intensive, and often involve multiple agencies – the ATO, AFP, and CDPP may all be engaged before charges are formally laid. Early representation is not optional; it is essential.

At Slades & Parsons, we provide defence support across every stage of a tax crime matter:

  • Strategic advice before you respond to the ATO or law enforcement
  • Representation during ATO interviews and investigations, including where compulsory information-gathering powers are exercised
  • Analysis of financial records and forensic accounting reports to identify weaknesses in the prosecution’s case
  • Negotiation with the ATO and CDPP to explore resolution or reduced charges where possible
  • Voluntary disclosure guidance to minimise penalties before an investigation commences
  • Courtroom advocacy in state and federal jurisdictions

We work with forensic accountants and financial experts to build technically robust defences, whether the matter involves a disputed audit, GST manipulation, or a complex multi-entity investigation.

Melbourne's Tax Crime Defence Specialists - 35 Years of Experience

Slades & Parsons is one of Melbourne’s leading criminal defence firms, with over 35 years of experience in white-collar crime, financial crime, and Commonwealth offence matters. We have acted across the full spectrum of tax crime cases – from early-stage ATO audit responses to complex CDPP prosecutions under federal law.

Our lawyers appear daily across the Magistrates’, County, and Supreme Courts, and have acted in matters that have proceeded to the Court of Appeal and the High Court of Australia. That depth of experience informs how we build a defence from day one, not just at trial.

We take a personalised approach to every client. Tax crime allegations carry serious professional and reputational consequences alongside the legal risk. Our team works with discretion and purpose – focused on protecting your position and achieving the best possible result.

Warning Signs You Need a Tax Crime Lawyer Now

Tax crime investigations rarely begin with formal charges – the process typically escalates gradually, and early decisions can significantly affect the outcome. Seek urgent legal advice if you have experienced any of the following:

  • An unexpected ATO audit or request for financial records
  • Contact from the AFP, forensic accountants, or other law enforcement
  • A notice to attend a compulsory examination or record of interview
  • Concerns that someone has made a disclosure to the ATO
  • Awareness of irregularities in your tax affairs before any investigation has commenced

The last point is critical. Voluntary disclosure – proactively reporting issues before an investigation begins – can lead to substantially reduced penalties and, in some cases, avoid prosecution altogether.

If any of these apply to you, contact Slades & Parsons immediately on (03) 9602 3000. Our 24-hour helpline is available at any time.

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FAQs

  • Both involve deliberate dishonesty to avoid tax obligations. Tax fraud refers to specific acts of deception – falsifying records, creating fake invoices, hiding income – prosecuted under general dishonesty provisions of the Criminal Code Act 1995 (Cth) or the Taxation Administration Act 1953 (Cth). Tax evasion is the broader concept of deliberately avoiding tax through fraudulent or deceptive means, where the prosecution must prove both the conduct and the intent to deceive. The specific charge laid will depend on the nature of the conduct and which legislation applies.

  • Penalties depend on the nature of the conduct and which legislation applies. For the most serious Commonwealth offences – such as those prosecuted under sections 134.1, 134.2, or 135.4 of the Criminal Code Act 1995 (Cth) – imprisonment of up to 10 years is possible. Other offences under the Taxation Administration Act 1953 (Cth) carry penalties expressed in penalty units (currently $330), the dollar value of which is updated periodically. The ATO may also impose administrative shortfall penalties calculated as a percentage of the unpaid tax, with the rate varying by the level of conduct – from failure to take reasonable care through to intentional disregard. In serious cases, proceeds of crime action may also be pursued.

  • Yes. For state tax offences under the Taxation Administration Act 1997 (Vic) – covering SRO-administered taxes such as duties, payroll tax, and land tax – fraudulent evasion and intentional false statements carry penalties including imprisonment and financial penalties expressed in penalty units. For Commonwealth offences involving income tax or GST, more serious penalties apply under federal law.

  • Seek legal advice immediately – before responding to the ATO, attending any interview, or producing documents. Anything you say or provide can be used against you. A tax crime lawyer can advise on your rights, explain the scope of any compulsory powers being exercised, and ensure you don’t inadvertently compromise your defence. If you are aware of a potential issue before the ATO makes contact, voluntary disclosure made with proper legal guidance may also significantly reduce your exposure.

  • Tax avoidance uses lawful strategies to minimise tax liability – such as claiming legitimate deductions or structuring investments in a tax-effective way. It is legal and permitted under Australian tax law. Tax evasion involves deliberate fraud or deception – concealing income, fabricating deductions, or misrepresenting financial information to the ATO. One is legal; the other is a criminal offence. If you are unsure which side of the line your conduct falls on, seek legal advice before the ATO makes that determination.

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Melbourne Office

Level 1,
224 Queen St,
Melbourne,
Victoria, 3000

Phone: 03 9602 3000
Fax: 03 9602 3004
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