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State Tax Evasion in California

How California law treats state tax evasion: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Willfully failing to file a state income tax return, or filing a false return, with intent to evade tax is punishable by up to 1 year in county jail or state prison and/or a fine up to $20,000 plus prosecution costs, so it can be charged as a misdemeanor or felony. Cal. Rev. & Tax. Code 19705, 19706, 7152, 7153, 7153.5; Pen. Code 17, 18, 19, 1170(h)

State tax evasionWillfully failing to file a state income tax return, or filing a false return, with intent to evade tax is punishable by up to 1 year in county jail or state prison and/or a fine up to $20,000 plus prosecution costs, so it can be charged as a misdemeanor or felony. Willfully signing a false return under penalty of perjury, or helping prepare a fraudulent one, is a felony punishable by a fine up to $50,000 and/or imprisonment under Pen. Code 1170(h). For sales and use tax, filing a false return to evade tax is a misdemeanor ($1,000 to $5,000 fine and/or up to 1 year in jail), and evasion is a felony when unreported tax totals $25,000 or more in 12 months ($5,000 to $20,000 fine and/or 16 months, 2 or 3 years).
Felony false return: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=RTC&sectionNum=19705 ; sales tax: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=RTC&sectionNum=7152 , https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=RTC&sectionNum=7153 and https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=RTC&sectionNum=7153.5 . A civil penalty up to $5,000 applies to repeated non-filing (Rev. & Tax. Code 19701). Penalty background (Pen. Offenses punishable either in county jail up to 1 year or as a felony are 'wobblers' that can be charged as a misdemeanor or felony (Pen. Code 17(b)).

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FAQ

What are the penalties for tax evasion in California?
Willfully failing to file a state income tax return, or filing a false return, with intent to evade tax is punishable by up to 1 year in county jail or state prison and/or a fine up to $20,000 plus prosecution costs, so it can be charged as a misdemeanor or felony. Willfully signing a false return under penalty of perjury, or helping prepare a fraudulent one, is a felony punishable by a fine up to $50,000 and/or imprisonment under Pen. Code 1170(h). For sales and use tax, filing a false return to evade tax is a misdemeanor ($1,000 to $5,000 fine and/or up to 1 year in jail), and evasion is a felony when unreported tax totals $25,000 or more in 12 months ($5,000 to $20,000 fine and/or 16 months, 2 or 3 years).
Can I get a court-appointed lawyer for state tax evasion in California?
California's rule on court-appointed lawyers: At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. California Courts Self-Help Guide, 'The arraignment'
How much does a lawyer for state tax evasion cost in California?
Lawyers set their own fees, and California has rules on how they may charge. See hiring a criminal defense lawyer in California for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for state tax evasion in California?
How release before trial works in California: Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Cal. Const. art. I, § 12; Cal. Penal Code §§ 1269b, 1270.1, 1270.5, 1275; Santa Clara County Superior Court 2026 Criminal Bail Schedule; California Courts Self-Help Guide What happens after an arrest.
Can a conviction for state tax evasion be removed from my record in California?
Each state sets its own rules for sealing or expunging records. See California expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.