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Criminal tax offenses have a separate prescription rule
The ten-year assessment provision should not be used as a blanket statement about how long criminal tax charges can be pursued. Section 281 sets a five-year prescription period for violations of the Tax Code, subject to its rules on when the period begins and when it is interrupted.
In People v. Consebido, decided on April 2, 2025, the Supreme Court clarified how discovery affects prescription when a violation was initially unknown. It also explained that discovery is not automatically the date a complaint is filed, and addressed interruption through proceedings before the prosecution office.
The practical lesson is to identify the proceeding before applying a deadline. Assessment, collection and criminal prosecution cannot all be reduced to the same ten-year explanation.
WHAT TO WATCH
The alleged offense, the relevant dates and the proceedings actually instituted. Be cautious with any headline suggesting criminal tax cases universally have no deadline.