Tax avoidance means using legitimate strategies to reduce taxes, while tax evasion involves using illegal means to lower tax liability.
Tax evasion is an illegal practice in which a person or organization knowingly fails to pay their actual tax obligations. Tax evaders are mostly faced with serious penalties and criminal prosecution. In violation of the Internal Revenue Service (IRS) tax code, failing to pay taxes knowingly is a federal offense.
Both the illegal failure to pay taxes and the illegal underpayment of taxes are considered forms of tax evasion. The IRS can still ascertain if taxes were owed even if a taxpayer fails to file the relevant tax forms by using the data that was expected to be handed in by third parties, such as W-2 information from a person's job or 1099s. Unless the failure to pay is seen to be purposeful, a person is typically not considered to be guilty of tax evasion.
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