Deceptive Tax Filings entail falsifying or manipulating official tax returns to make illicit funds appear legitimate. Criminals underreport income, conceal assets, or fabricate deductions so that illegal proceeds blend seamlessly with apparently lawful earnings. By misrepresenting their financial data to tax authorities, they effectively incorporate illicit capital into the legitimate economy without raising AML red flags. In practice, criminals may exploit low-tax or no-tax jurisdictions by routing funds through offshore subsidiaries or shell companies that claim exemptions on dividend distribution or capital gains to further camouflage their true income sources. Some of these entities file no tax returns at all, thereby obscuring beneficial ownership and deterring close scrutiny of suspicious financial flows. These maneuvers ensure illegal gains can be classified as normal revenue or tax-exempt income, reinforcing the facade of legitimacy and complicating attempts by authorities to trace the underlying criminal proceeds.
Deceptive Tax Filings
Tax Fraud
Tactics
By falsifying or manipulating official tax returns, criminals transform illicit income into seemingly legitimate revenue or tax-exempt gains. This allows them to fully integrate these funds into lawful financial channels with minimal AML suspicion.
Risks
This technique primarily exploits the reliance on self-reported financial information and beneficial ownership details. Criminals falsify tax returns by underreporting income, concealing assets, or misrepresenting beneficial ownership to legitimize illicit funds without triggering AML red flags.
Offshore subsidiaries or shell companies are established in low-tax or no-tax jurisdictions, exploiting weak reporting standards to facilitate deceptive tax filings. These regions enable minimal disclosure of beneficial owners, further obscuring the true origin of criminal proceeds.
Indicators
Frequent changes in the ownership structure of businesses without clear economic rationale.
Unusual or unexplained cash deposits inconsistent with known business activities or personal income.
Systematic underreporting of income in multiple tax returns when compared with verified financial or transactional records over time.
Layering funds through multi-tiered or offshore structures that do not align with declared business or personal activities.
Frequent amendments or corrections to tax returns that consistently reduce reported income or inflate deductions.
Significant discrepancies between reported income and lifestyle or asset acquisitions.
Sudden transfers of large sums to jurisdictions known for bank secrecy or low tax rates.
Use of shell companies or trusts to hold assets without clear legitimate business purposes.
Engagement of advisors or intermediaries with a known track record of involvement in tax evasion schemes.
Falsified or altered financial documents submitted as part of tax filings.
Inflated or fabricated deductions claimed on tax returns without supporting documentation.
Complex transactions that lack a clear business rationale, particularly those routed through tax havens.
Financial statements that show signs of manipulation, such as inflated expenses or understated revenues.
Transactions involving high-risk jurisdictions that are not justified by the nature of the business.
Entities with substantial financial activity filing no tax returns or perpetually declaring zero taxable income despite visible business operations.
Data Sources
Provides risk classifications for countries and regions, highlighting secrecy jurisdictions or minimal tax regimes. By correlating transfers to these high-risk locales with declared income, investigators can identify structures created to conceal revenues or evade taxes, revealing deceptive filing patterns.
Includes detailed invoices, contracts, and related records underlying declared expenses or deductions. Systematic comparison with reported amounts can uncover inflated or fabricated deductions, signaling tax filing manipulations.
Performs authenticity checks on uploaded or filed documents, detecting forgeries or tampering in tax returns and supporting evidence (e.g., financial statements). This helps identify fabricated or manipulated filings indicative of deceptive tax practices.
Captures ownership and transaction data for properties, luxury goods, and other high-value assets. Large acquisitions or frequent asset trades that exceed reported income suggest undisclosed funds and potential tax underreporting in deceptive filings.
Mitigations
Identify and categorize jurisdictions with lax or opaque tax regimes that criminals commonly exploit for false reporting. Apply heightened scrutiny to transactions involving these jurisdictions, ensuring that declared income and any claimed exemptions align with transparent, legitimate business operations rather than concealing illicit proceeds or misleading tax authorities.
For high-risk customers, especially those with complex or offshore corporate structures, scrutinize tax filings, claimed deductions, and any repeated amendments or missing documentation. Cross-reference income declarations with external tax records or third-party data to uncover concealed ownership, hidden assets, or artificially minimized revenues. This deeper review helps reveal indications of falsified taxes aimed at legitimizing illicit funds.
Require comprehensive validation of each customer’s tax status, including collecting official tax identification documents and verifying reported income against reliable external data sources during onboarding. Confirm the individual tax obligations of beneficial owners and verify that entities are not systematically filing zero or minimal returns. This ensures that declared financial information is consistent with actual operations.
Implement specialized monitoring rules that compare declared revenues and reported income against actual transaction volumes and the flow of funds. Flag any mismatches indicating chronic underreporting, sudden unexplained changes in cash flow, or layering of funds through tax havens inconsistent with declared business activity. Escalate these anomalies for further investigation.
Leverage open-source intelligence, such as public company registries, media coverage, or local tax authority data, to verify declared revenues, real business activities, and beneficial ownership. Identify tax advisors or intermediaries previously implicated in tax evasion schemes. Investigate significant discrepancies between public information on company operations and the income or deductions claimed in tax filings.
Continuously monitor changes in customer tax filings and compare them with transaction data over time. Investigate any patterns of tax return amendments that consistently reduce reported income or inflate deductions. Promptly reassess customer risk profiles when identifying contradictory information in tax documents or unexplained fund flows.
Instruments
- Criminals deposit illicit proceeds into personal or corporate bank accounts while underreporting these funds on tax returns, presenting them as lower or fictitious revenue streams.
- Multiple domestic or offshore accounts help obscure the true origin and volume of funds, making it harder for tax authorities to match declared income with actual deposits.
- By intermingling illicit funds with legitimate business cash flow, criminals reduce visible taxable income and conceal illegal proceeds within routine banking activity.
- Criminals purchase properties with illicit funds and underreport rental income, capital gains, or purchase amounts on tax returns.
- Inflated property expenses, false depreciation claims, and questionable deductions reduce taxable income while obscuring the real source of the purchase funds.
- Complex ownership via shell companies or trusts further conceals beneficial owners, preventing accurate scrutiny of reported property transactions.
- Criminals overfund insurance or annuity contracts with illicit proceeds and then mischaracterize the payouts as legitimate insurance settlements.
- Certain policy proceeds are tax-exempt or subject to reduced taxation, minimizing the visibility of illegal funds.
- By hiding the origin of premiums or forging policy details, they disguise dirty money as lawful insurance gains in tax filings.
- Criminals store illicit proceeds in cryptocurrency wallets, omitting or underreporting capital gains or mining income in tax submissions.
- Conversion between multiple wallets and currencies obscures the transaction trail, undermining attempts by tax authorities to reconcile reported figures with blockchain records.
- Lack of clear regulatory oversight in certain jurisdictions aids in misstating or ignoring crypto-related earnings.
- Criminals place illicit assets into trusts and then fail to disclose or misrepresent distributions in personal tax returns.
- Complex trust arrangements in low-tax jurisdictions can mask the true flow of income, artificially reducing reported taxable revenue.
- By structuring trusts to appear independent, criminals distance themselves from the assets, thwarting tax authority scrutiny.
- Bearer share ownership remains anonymous, allowing criminals to maintain hidden corporate control and income sources.
- Profits or dividends from bearer share companies can be exempted or disguised in tax returns, making it difficult for authorities to link them to the real owner.
- By shifting ownership via physical handover of shares, criminals evade official records and misrepresent beneficial ownership on tax documents.
- Criminal enterprises issue fake or inflated invoices, creating a false paper trail of business revenue or expenses.
- These fabricated receivables can either reduce taxable profit by inflating deductions or legitimize undeclared funds by labeling them as paid invoices.
- By timing or structuring invoices strategically across multiple entities, criminals conceal real income flows from tax authorities.
- Ownership stakes in shell or offshore firms enable criminals to claim reduced or zero tax liability on dividends, capital gains, or other corporate profits.
- Profits can be declared in jurisdictions offering tax exemptions, distorting the actual income reported to home authorities.
- By misattributing revenue to fictitious shareholders, criminals legitimize illicit funds in corporate earnings that are underreported or shielded.
- Criminals conduct business or personal transactions in cash, omitting or underreporting these amounts in official income filings.
- Revenue from cash-intensive operations can be manipulated to show lower receipts, masking the real income.
- Illicit cash can be recorded as legitimate yet untraceable revenue streams, reducing apparent taxable earnings.
Service & Products
- Facilitate holding and transferring illicit proceeds in jurisdictions with lax reporting or secrecy norms.
- Criminals omit or misreport offshore balances and transactions in their tax returns, bolstering deceptive filings.
- Minimal transparency requirements shield beneficial ownership, reducing the likelihood of detection in tax investigations.
- Criminals can hire complicit or unwitting accountants to manipulate financial records that feed into deceptive tax returns.
- They may underreport income or inflate deductions to misrepresent the true source and amount of funds.
- By forging or misrepresenting documentation, these services help launder illicit proceeds through seemingly legitimate tax filings.
- Enable criminals to form entities in low or no-tax jurisdictions, claiming exemptions or avoiding tax returns altogether.
- Conceal true ownership and movement of funds under the guise of foreign corporate operations.
- Weaken authorities' ability to trace illicit proceeds, fostering deceptive tax reporting that legitimizes illegal income.
- Provide the legal framework for establishing complex structures that can obscure beneficial ownership or mask flows of illicit funds.
- Criminals exploit these arrangements to file deceptive tax returns that hide actual income or assets.
- By exploiting trusts or shell corporations, they may claim fictitious tax exemptions or reduced taxable income.
Actors
Professionals or firms that create and administer corporate structures or trusts used in deceptive tax filings:
- Establish complex or layered entities enabling criminals to mask real assets and beneficial owners.
- Facilitate the filing of incorrect or incomplete tax returns under the guise of legitimate corporate or trust arrangements.
- Complicate financial institutions’ ability to identify true controllers or verify the source of funds when reviewing account applications and transactions.
Complicit or unwitting accountants facilitate deceptive tax filings by:
- Preparing or approving falsified financial records that underreport income or inflate deductions.
- Overlooking or masking anomalies in documentation that disguise illicit proceeds.
- Obstructing financial institutions' ability to detect suspicious variances between reported income and actual fund flows.
Entities with minimal or no true business operations, often registered in low-tax or no-tax jurisdictions:
- Allow criminals to avoid or misrepresent tax obligations by claiming exemptions, withholding accurate reporting, or neglecting to file returns altogether.
- Conceal beneficial ownership and the movement of illicit funds, complicating financial institutions' attempts to validate transaction legitimacy or trace ownership structures.
- Function as offshore subsidiaries or entities that obscure the true origin of revenues through deceptive filings.
Individuals or entities that deliberately underreport income or fabricate deductions in official tax returns:
- Intentionally conceal illicit proceeds as legitimate earnings.
- Obscure the true source of funds, hindering financial institutions' efforts to identify suspicious activity or beneficial ownership.
References
Joint Financial Intelligence Unit (JFIU), Hong Kong Police Force (HKPF), Hong Kong Customs and Excise Department (C&ED). (2013). Joint Financial Intelligence Unit Annual Report 2013.Joint Financial Intelligence Unit (JFIU). https://www.jfiu.gov.hk/en/jfiu_publications.html
OECD. (2021). Ending the shell game: Cracking down on the professionals who enable tax and white collar crimes. OECD. http://www.oecd.org/tax/crime/ending-the-shell-game-cracking-down-on-the-professionals-who-enable-tax-and-white-collar-crimes.htm
Kemsley, D., Kemsley S., Morgan F.T. (2020). Tax evasion and money laundering: A complete framework. Journal of Financial Crime. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3701758
Javaid, A., Arshed, N. (2022). Demand for money laundering in developing countries and its deterrence: A quantitative analysis. Journal of Money Laundering Control, Vol. 25 No. 3, pp. 625-636. https://doi.org/10.1108/JMLC-06-2021-0063
Chandna, V. (2017). The curious case of black money and white money: Exposing the dirty game of money laundering!. Notion Press Media Pvt.