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Tax season is not exactly pleasant, but Americans know they have an obligation to file their returns or face some serious repercussions. However, one attorney has decided to refrain from paying her federal income tax this year as a way to protest the American government. 

In a TikTok video, Rachel Cohen admitted she doesn’t feel comfortable giving the government thousands of dollars that they’ll just use against their own citizens. As an act of protest, she decided to forgo her federal taxes altogether, and she’s prepared for the consequences, whatever they may be.

An attorney is prepared for the consequences of not paying her federal income taxes as a way to protest the government.

“I’m Rachel, and I’m not paying my federal income tax this year,” Cohen began in her video. “I filed my taxes last week, and I put the amount that I owe the federal government, about $880, in a high-yield savings account.”

Cohen explained that the reason she’s withholding her payment is that the government is using her tax dollars, and those of other Americans, to build “concentration camps” for her neighbors and others across the country. She was referring, of course, to the increase in ICE raids, with offenders placed in detention centers that seem to be popping up around the country. Cohen admitted that she doesn’t feel like giving the American government her money because of that.

“I paid my state taxes, and I posted about this, and the most common response that I got was, ‘Rachel, there are going to be penalties for that.'” She went on to explain, “I say this with intense love. I am aware.” She knows that publicly discussing withholding taxes can make those consequences worse because there is a criminal statute under which you can be charged for not paying your federal income tax.

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Cohen researched what might happen if she intentionally withheld her federal income tax payments.

Cohen explained that she had done some research into what it would mean for her not to pay her taxes. She found that the financial penalties would accrue more quickly and be greater if she failed to file her taxes, rather than if she failed to pay them. The penalty for failing to file her taxes accrues way faster than the penalty for failing to pay them.

Cohen ended up filing her taxes and did some more digging into what would happen if she refused to pay but still filed. The penalty is a maximum sentence of one year if convicted. It’s a federal misdemeanor, and the government can also assess a $25,000 fine. 

“I asked myself in a vacuum if I was confronted with the question of, ‘Would I rather give the government $9,000 to put towards building concentration camps or run the risk of being convicted of a federal misdemeanor?’ I would certainly say I would rather run the risk of being convicted of a federal misdemeanor.”

Cohen insisted that if she feels that way in a vacuum, then she surely feels that way in real life. As a form of protest, Cohen decided to follow through on that decision, but she isn’t alone at all.

Cohen should definitely be careful, however, because she may be underestimating the penalties.

According to FindLaw, there’s a distinct legal difference between tax fraud, which is usually a misdemeanor, as Cohen noted, and tax evasion, which is always criminal. Here’s the distinction according to the outlet: “Tax fraud involves an intentional or willful act to deceive the IRS. This often involves either filing a false tax return or a deliberate misrepresentation that reduces the amount of tax owed.” Whereas, “Tax evasion occurs when a taxpayer intentionally fails to pay their full tax liability. Unlike tax fraud, tax evasion is always treated as a criminal offense and applies to both the nonpayment and underpayment of taxes.”

It certainly sounds like she is intentionally failing to pay, and if the IRS finds her guilty, the penalty is up to 5 years in prison and a $250,000 fine. As a caveat, neither of these crimes pertains to simple errors on your tax return, which the IRS usually catches and amends for you, so don’t sweat any accidents.

It’s important to note that what Cohen has asserted, and anything here pertaining to actual tax law, is not legal advice. You should always consult a tax professional with any questions regarding laws and penalties, especially if you are considering withholding tax dollars as a means of protest.

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There is a movement among US taxpayers to withhold payments as a protest.

According to the Guardian, Lincoln Rice, who leads the National War Tax Resistance Coordinating Committee (NWTRCC), said that in Donald Trump’s second term, more and more people are withdrawing their money from the federal tax base. The IRS states, as Cohen mentioned in her video, that there are different penalties for those who aren’t filing their taxes and those who aren’t paying.

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“Some methods of tax resistance are not legal, and anyone who attempts them should be prepared to face the risks of civil disobedience,” Rice explained in his training. To the many Americans who are withholding their money, though, these risks are not stopping them from considering 13% of Americans’ federal income taxes are spent on the military, and 1% goes to federal law enforcement, including subsidizing ICE. 

Tax resistance isn’t new in this country, as it dates back to the 1773 Boston Tea Party, when American colonists protested British taxes on tea imports. It seems more and more people are deciding to go the route of complete resistance as their way of protesting, but much like Cohen, they need to be prepared for what could happen.

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Nia Tipton is a staff writer with a bachelor’s degree in creative writing and journalism who covers news and lifestyle topics that focus on psychology, relationships, and the human experience.