Tax Fraud

"Cover of the Quick Facts handout"

Of the 66,662 cases reported to the Commission in fiscal year 2025, 324 involved tax fraud. Tax fraud offenses have decreased 12% since fiscal year 2021.1

Click the cover for the PDF handout or learn more below. 

Individual and Offense Characteristics

 

 

  • 73% of individuals sentenced for tax fraud were men.2
     
  • 51% were White, 19% were Black, 18% were Hispanic, and 12% were Other races.
     
  • Their average age was 53 years. 
     
  • 94% were United States citizens.
     
  • 86% had little or no prior criminal history (Criminal History Category I).
     
  • 72% received the adjustment at USSG §4C1.1 for zero criminal history points.
     
  • The median loss for these offenses was $546,562;3
    • 7% involved loss amounts of less than $100,000;
    • 28% involved loss amounts greater than $1.5 million.
       
  • Sentences were increased for:
    • using sophisticated means to execute or conceal the offense (16%);
    • a leadership or supervisory role in the offense (6%);
    • abusing a public position of trust or using a special skill (2%);
    • obstructing or impeding the administration of justice (4%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (2%).
       
  • The top five districts for tax fraud offenses were:
    • Middle District of Florida (30);
    • District of New Jersey (24);
    • Southern District of New York (17);
    • Central District of California (15);
    • Southern District of Florida (14).

 

Punishment

  • The average sentence length for individuals sentenced for tax fraud was 17 months. 
     
  • 68% were sentenced to prison. 
     
  • No individuals were convicted of an offense carrying a mandatory minimum penalty.

 

Sentences Relative to the Guideline Range 

  • 43% of sentences for tax fraud were under the Guidelines Manual.
    • 25% were within the guideline range.
       
    • 15% were substantial assistance departures.
      • The average sentence reduction was 78%.
         
    • 2% were some other downward departure.
      • The average sentence reduction was 60%.
         
  • 57% of sentences for tax fraud were variances.
    • 56% were downward variances.
      • The average sentence reduction was 61%.
         
    • 1% were upward variances.
      • The average sentence increase was 36%.

 

 

 

 

  • The average guideline minimum increased and average sentence imposed have remained steady over the past five years.
    • The average guideline minimum was 25 months in fiscal year 2021 and 26 months in fiscal year 2025.
       
    • The average sentence imposed was 14 months in fiscal year 2021 and 17 months in fiscal year 2025.

1 Tax fraud offenses include cases in which the individual was sentenced under §2T1.1 or §2T1.4 (Tax Evasion; Willful Failure to File Return, Supply Information, or Pay Tax; Fraudulent or False Returns, Statements, or Other Documents or Aiding, Assisting, Procuring, Counseling, or Advising Tax Fraud).

2 Cases with incomplete sentencing information were excluded from the analysis. 

3 The Loss Table was amended effective November 1, 2001 and November 1, 2015.

4 “Early Disposition Program” (or EDP) departures are departures where the government
sought a sentence below the guideline range because the defendant participated in the
government’s Early Disposition Program, through which cases are resolved in an expedited
manner. See USSG §5K3.1.

SOURCE: United States Sentencing Commission, FY 2021 through FY 2025 Datafiles, USSCFY21-USSCFY25.