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Understanding When to Hire a Tax Attorney

by Orlando R. Dizon, LAWIN.news November 16, 2024
written by Orlando R. Dizon, LAWIN.news November 16, 2024
Photo: Orlando R. Dizon, JD, LLM, MBA
226

Navigating tax issues can be challenging for individuals and businesses alike. With complex tax requirements, taxpayers may encounter financial or legal problems. Professional assistance is often needed, but choosing the right expert to handle the issue is not always straightforward. Tax professionals such as Certified Public Accountants (CPAs), tax attorneys, and Enrolled Agents (EAs) each offer unique benefits and expertise.

Enrolled Agents are federally authorized tax professionals who can represent taxpayers before the Internal Revenue Service (IRS). To become an EA, individuals must pass a comprehensive IRS exam covering both business and individual tax returns or gain experience as an IRS employee. EAs are required to complete continuing education to maintain their status. They are skilled in negotiations with the IRS, tax controversies, and resolution of tax debts.

Certified Public Accountants, or CPAs, are state-licensed accountants. They must complete extensive education requirements, including at least 150 semester credits, and pass a multi-part CPA exam. Most CPAs also have graduate degrees. After obtaining licensure, a CPA must continue their education to maintain their credentials. CPAs are well-versed in accounting and financial matters, making them effective in tax planning and compliance for both businesses and individuals.

Tax attorneys, on the other hand, are legal experts in tax law. They have earned a bachelor’s degree, Juris Doctor degree, and passed the state bar exam. Some tax attorneys also pursue a Master of Laws in taxation. Like CPAs, they must participate in continuing education to stay current with tax laws. Tax attorneys can represent taxpayers in court and handle legal issues related to taxation. Their skills are particularly useful in legal disputes and interpreting tax-related laws.

When facing tax legal problems, choosing a tax attorney over a CPA (Certified Public Accountant) or EA (Enrolled Agent) can be beneficial for several reasons: 1. Legal Knowledge: Tax attorneys have extensive legal training, which enables them to navigate complex tax laws and regulations. 2. Representation: They can represent you in court if necessary, something CPAs and EAs cannot do. 3. Attorney-Client Privilege: Communications with a tax attorney are protected by attorney-client privilege, ensuring confidentiality that is not guaranteed with CPAs or EAs. 4. Handling Legal Issues: If your tax problem involves legal issues, such as criminal charges or fraud accusations, a tax attorney is better equipped to handle these situations. 5. Settlements and Appeals: Tax attorneys often have experience negotiating with the IRS and can help you secure favorable settlements or handle appeals effectively. 6. Focus on Tax Law: Tax attorneys typically focus on tax law, making them highly specialized in this area compared to CPAs who may have broader accounting responsibilities.

Determining when to hire a tax professional depends on the situation. If significant tax debt is involved, consulting a professional is advisable. Similarly, when dealing with complex tax issues or disputes that could lead to court cases, professional assistance becomes necessary. Tax attorneys are the only ones who can represent clients in court, making them essential when facing legal challenges or criminal prosecution for alleged tax crimes.

For those facing personal liability for business taxes, hiring a knowledgeable tax professional is crucial. This applies to business owners dealing with income tax, payroll taxes, trust fund recovery, and excise taxes. Multi-state tax problems also necessitate professional guidance. Businesses with operations in multiple states or those providing remote sales across states may encounter complex tax obligations. Tax professionals, particularly tax attorneys, can help navigate these intricacies.

Peace of mind plays a role in deciding whether to hire a tax expert. Even if one understands their tax situation, a second opinion can offer assurance. A tax professional can double-check the work, ensuring nothing has been overlooked.

In less complicated cases where taxpayers agree with the IRS’s conclusions, professional help may not always be needed. Situations involving minor penalties or small outstanding balances can often be managed independently. However, for more significant concerns, hiring a professional can prevent further complications.

When hiring a tax professional, selecting between a tax attorney, CPA, or EA depends on the case specifics. A tax attorney’s legal expertise is unmatched in courtroom scenarios and criminal allegations. However, in tax planning, CPAs may be more suited due to their focus on accounting and financial strategies.

EAs excel in IRS negotiations and resolving tax disputes. They often provide cost-effective solutions when the situation does not require legal intervention. The choice also depends on comfort and trust in the professional’s capability to handle the issue.

Facing a tax problem requires an initial assessment of whether professional help is necessary. Taxpayers can sometimes resolve issues independently by thoroughly reviewing IRS notices and conducting research. However, when uncertainty persists, consulting a tax resolution expert becomes essential.

Those seeking assistance can reach out to tax professionals for consultations to assess the situation and determine the best course of action. Whether it’s a complex tax issue or a simple matter, the right professional can offer guidance and solutions tailored to the specific needs of the taxpayer. Choosing a tax attorney is often the best option for serious tax problems, especially those involving legal complexities. If the issue is more about general tax preparation or advice, a CPA or EA might suffice. However, for disputes, litigation, or intricate legal issues, a tax attorney’s expertise is invaluable.

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Orlando R. Dizon, LAWIN.news

Orlando "Orly" Dizon, JD, LLM, MBA is admitted and in good standing to practice law in the states of Texas, New York, Maryland, and Tennessee. He is the current Managing Partner at PINOY LAW GROUP, PLLC. Orly also serves as a Tax Resolution Attorney at the tax law firm TAX RESOLUTION, ESQ., providing comprehensive representation to clients dealing with tax-related matters before the IRS and the United States Tax Court. Additionally, Orly holds the position of Compliance Executive and Business Development Officer at LAWIN.news. Visit https://pinoylawgroup.com/orlando-dizon for more information. Disclaimer: The views and beliefs expressed by the author do not necessarily represent those of LAWIN.news, its management, editorial board, or staff.

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