buyer of my car apparantly forged the bill of sale/title to say she paid $2000 to avoid paying used car sales tax. It was $3400, is this a felony?

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buyer of my car apparantly forged the bill of sale/title to say she paid $2000 to avoid paying used car sales tax. It was $3400, is this a felony?

Asked on May 9, 2009 under Criminal Law, Arkansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

How do you know she forged the bill of sale? How did you find out? These are important questions to know. Forgery in and of itself (forging your signature) or fraudulently changing a document could be considered criminal violations.  In terms of whether it is ia felony or misdemeanor:

 

5-37-201.Forgery.

(a)A person forges a written instrument if, with purpose to defraud, the person makes, completes, alters, counterfeits, possesses, or utters any written instrument that purports to be or is calculated to become or to represent if completed the act of a person who did not authorize that act.

(b)A person commits forgery in the first degree if he or she forges a written instrument that is:

(1)Money, a security, a postage or revenue stamp, or other instrument issued by a government; or

(2)A stock, bond, or similar instrument representing an interest in property or a claim against a corporation or its property.

(c)A person commits forgery in the second degree if he or she forges a written instrument that is:

(1)A deed, will, codicil, contract, assignment, check, commercial instrument, credit card, or other written instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status;

(2)A public record, or an instrument filed or required by law to be filed, or an instrument legally entitled to be filed in a public office or with a public servant; or

(3)A written instrument officially issued or created by a public office, public servant, or government agent.

(d)Forgery in the first degree is a Class B felony.

(e)Forgery in the second degree is a Class C felony.



History.Acts 1975, No. 280, § 2302; A.S.A. 1947, § 41-2302.

 

 

It could also be a form of state tax fraud:

26-18-209.Evading or defeating tax — Accomplice liability.

Any person who assists a taxpayer in evading or defeating the payment of any state tax shall be liable for a penalty equal to the total amount of the tax evaded, or not collected, or not accounted for and paid over to the Director of the Department of Finance and Administration.

26-18-502.Transferee liability.

(a)The liability, at law or in equity, of the transferee of property of any person liable for any tax imposed by a law of the State of Arkansas shall be the same as that of the transferor and may be assessed and collected from the transferee in the same manner and subject to the same provisions as the transferor.

(b)The period of limitation for assessment of any liability of a transferee or a fiduciary shall be within one (1) year after the expiration of the period of limitation for assessment against the transferor.

(c)As used in this section, unless the context otherwise requires, “transferee” includes the donee, heir, legatee, devisee, and distributee and, with respect to estate tax, also includes any person who is personally liable for any part of the tax.


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