Tax Evasion Reporting

Examples include underreporting income, using fake business expenses, hiding assets in offshore accounts, or conducting real estate transactions using false contract values. These deceptive practices are often highly sophisticated and require insider knowledge to uncover. Other schemes include the use of nominee bank accounts or shell corporations designed to obscure the true ownership of assets and income from the New York State Department of Taxation and Finance. Such complex methods necessitate detailed, specific information from whistleblowers to initiate a successful investigation.

You may submit a report via the following:

• Online: Through the New York State Department of Taxation and Finance website, which offers a secure portal for reporting.
• Mail: Physical documents may be sent to the Investigations Division, often with the involvement of legal counsel to maintain anonymity.
• Phone: Minor complaints and tips can be submitted via the toll-free number, though this is less suitable for high-value claims.

All methods maintain strict confidentiality. New York law prohibits the disclosure of whistleblower identities without consent. This strong legal protection is a critical element of the state's program, encouraging individuals to come forward without fear of retribution. The identity of the claimant is kept under seal by the court if a qui tam action is filed under the NYFCA.

Under the New York False Claims Act, whistleblowers may be eligible to receive between 15% and 30% of the tax revenue recovered as a result of their report. The exact percentage depends on factors such as the significance of the information, whether the government intervenes in the case, and the whistleblower’s contribution to the outcome. If the government declines to intervene, the whistleblower (relator) who successfully litigates the case independently can receive a higher percentage, typically between 25% and 30%. There is no fixed reward formula or maximum dollar cap officially published by New York State; amounts are determined on a case-by-case basis by the Attorney General or Tax Department.

The process to obtain a reward is multi-staged and can take several years:

1. Investigation Launch: The Department reviews the report and, if it meets the necessary thresholds (typically over $350,000 in damages), opens a formal investigation, often under seal.
2. Tax Collection: If the investigation leads to a successful resolution, such as a judgment or settlement, the state collects the unpaid taxes, penalties, and interest.
3. Application: The whistleblower must file an official reward application through the agency or the court if a qui tam suit was filed.
4. Committee Review: A reward committee or the court evaluates the significance of the tip, the degree of the whistleblower's contribution, and the total recovery amount.
5. Disbursement: Upon final approval and expiration of all appeal periods, the reward is issued directly to the claimant.

You are not eligible for a reward if:

• The tip had already been submitted by someone else or was publicly known (the public disclosure bar).
• You are a government employee with access to the information by virtue of your position and official duties.
• The total recovery was under the legal threshold (NYFCA requires the defendant to have net income or sales of at least $1 million and damages of at least $350,000).
• You submitted false or speculative information or committed the fraud yourself.
• The report is based solely on confidential government investigative data that was not independently obtained.

Legal support may be beneficial when:

• The information involves high-value transactions or corporate fraud that meets the NYFCA thresholds.
• The claimant wishes to maintain anonymity, which requires strict adherence to filing procedures (e.g., filing under seal).
• You are unsure about the legal weight and admissibility of your documentation and require assistance compiling a compelling case.
• The initial submission results in an unfavorable outcome, or you face any form of professional retaliation.

Skilled tax counsel can evaluate the strength of your evidence and communicate with authorities on your behalf. Their primary role is to ensure the claim complies with all procedural requirements and that the claimant’s rights under the law are protected.

New York tax law ensures strict confidentiality for whistleblowers, and the NYFCA offers robust anti-retaliation protections. The Department of Taxation and Finance is prohibited from releasing the identity of anyone submitting a report unless explicitly authorized. Furthermore, the False Claims Act grants employees significant protection against being fired, demoted, suspended, or harassed for their reporting activities. Victims of retaliation are entitled to remedies including reinstatement, double back pay with interest, and compensation for litigation costs and attorney's fees.