Declaring Back Taxes Owed From Foreign Funds In Offshore Accounts

The courts have generally held that direct taxes are restricted to taxes on people (variously called capitation, poll tax or head tax) and property. (Penn Mutual Indemnity Organization. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All the taxes are known as "indirect taxes," because they tax an event, rather than person or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What was a straightforward limitation on the power of the legislature based on the subject of the tax proved inexact and unclear when applied with regard to an income tax, which could be arguably viewed either as a direct or an indirect tax.

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(iv) All unaccounted income should be declared. If such a disclosure manufactured before its detection via the Income Tax Department, the probability of being trapped in the tax raid are minimized.

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