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State Tax Evasion in Minnesota

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

Short answer: Knowingly failing to file a required Minnesota tax return, or to pay or collect and remit a tax, is a gross misdemeanor, while willfully attempting to evade or defeat a tax by failing to file or pay is a felony. Minn. Stat. § 289A.63, subds. 1, 2, 9

State tax evasionKnowingly failing to file a required Minnesota tax return, or to pay or collect and remit a tax, is a gross misdemeanor, while willfully attempting to evade or defeat a tax by failing to file or pay is a felony. Filing a return known to be false or fraudulent about a material matter, or knowingly helping prepare one, is a felony. Prosecution may be brought within six years after the offense.
General maximums when a statute does not fix one (Minn. Stat. §§ 609.02, 609.03): misdemeanor up to 90 days and/or $1,000; gross misdemeanor up to 364 days and/or $3,000; felony up to 5 years and/or $10,000.

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FAQ

What are the penalties for tax evasion in Minnesota?
Knowingly failing to file a required Minnesota tax return, or to pay or collect and remit a tax, is a gross misdemeanor, while willfully attempting to evade or defeat a tax by failing to file or pay is a felony. Filing a return known to be false or fraudulent about a material matter, or knowingly helping prepare one, is a felony. Prosecution may be brought within six years after the offense.
Can I get a court-appointed lawyer for state tax evasion in Minnesota?
Minnesota's rule on court-appointed lawyers: A person asks the court to appoint counsel; the court decides financial eligibility. A defendant is financially unable to obtain counsel if the defendant (or a dependent in the same household) receives means-tested assistance, or if the court finds the defendant's liquid assets and current income are insufficient to pay the reasonable costs of private counsel in that judicial district. The applicant must submit a financial statement under oath on forms supplied by the state public defender; refusing to do so waives the right to a public defender. Upon disposition of the case, a person who received public defender services shall pay the court a $75 co-payment, which the court may reduce or waive; it is a civil obligation. Minn. Stat. § 611.17
How much does a lawyer for state tax evasion cost in Minnesota?
Lawyers set their own fees, and Minnesota has rules on how they may charge. See hiring a criminal defense lawyer in Minnesota for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for state tax evasion in Minnesota?
How release before trial works in Minnesota: The Minnesota Constitution provides that all persons before conviction 'shall be bailable by sufficient sureties,' except for capital offenses when the proof is evident or the presumption great (art. I, § 7). Under the Rules of Criminal Procedure, the court must release a defendant on personal recognizance or an unsecured appearance bond unless release would endanger public safety or not reasonably assure appearance; and the court must set money bail without other conditions on which the defendant may be released by posting cash or sureties (Rule 6.02, subd. 1). Factors include the nature of the offense, weight of the evidence, family ties, employment, financial resources, convictions, prior court appearances, and safety of the victim and community (subd. 2). The court must review conditions of release on request of any party (subd. 4). For warrantless misdemeanor arrests, officers generally must issue a citation and release the person (Rule 6.01). Minn. Const. art. I, § 7; Minn. R. Crim. P. 6.01, 6.02 What happens after an arrest.
Can a conviction for state tax evasion be removed from my record in Minnesota?
Each state sets its own rules for sealing or expunging records. See Minnesota 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.