Why You Might Need a Tax Attorney: Key Reasons to Consider Their Help
As a business owner or individual, navigating tax laws and regulations can be incredibly complex, especially considering the constantly changing landscape of tax laws. Hiring a tax attorney can provide you with the expertise and guidance you need to ensure compliance with federal, state, and local tax laws and avoid costly mistakes that could impact your finances, assets, and long-term success.
Here are some notable reasons why you might consider the help of a tax attorney in the coming months:
1. Starting a Business: Ensure Compliance and Proper Structuring
If you’re launching a new business, hiring a tax attorney can help you navigate tax compliance obligations and structuring your company in the most tax-efficient way possible. A tax attorney can advise on the best business structure for your needs, manage capital gains and losses, design profit sharing or pension plans, and more. Proper tax management is key to avoiding financial trouble and maximizing profitability, making the investment in a tax attorney a worthwhile expense.
2. Facing an IRS Audit: Communicate Effectively with Auditors
Whether you’re a business owner or an individual, facing an IRS audit can be incredibly stressful. Hiring a tax attorney can provide you with someone who can communicate with the agency and auditors on your behalf. A tax attorney also has the expertise to appeal actions taken by the IRS after an audit and can help you settle a debt or negotiate an offer in compromise. It’s important to note that a CPA is not the same as a tax attorney – CPAs can help with initial tax preparation and minimizing audit risk, but they cannot represent you in court.
3. Seeking Tax-Exempt Status: Secure 501©(3) Status for Non-Profit Organizations
If you’re part of a nonprofit such as a charity, private school, church, or private foundation, securing 501©(3) status can provide significant tax benefits. A tax attorney can guide you through the application process for non-profit status, filling out the appropriate forms and determining your eligibility for a particular sector.
4. Handling Estate Taxes or Probate Matters: Navigate Complex Tax Laws
Tax attorneys can handle estate planning and tax-related decision-making before or after someone’s death. If you plan to leave a business or assets to a spouse or children, there are tax laws that could significantly impact your finances. Estate taxes are a concern that a tax attorney can address when planning your estate. If you’re the beneficiary of an inheritance, you may have additional tax liabilities that a tax attorney can help you navigate.
5. Facing a Tax Investigation: Get Professional Help
Being accused of tax fraud and under criminal investigation by the IRS is incredibly serious and could result in hefty fines or prison time. Hiring a tax attorney can provide you with the best possible representation, as tax attorneys do not have to testify against their clients. They can also help you fight a tax lien and negotiate payment options.
6. Unable to Face Your Tax Burden: Negotiate Smaller Debt or Payment Plan
Owing money to the IRS can put you and your business in a difficult position. A tax attorney can help you gather evidence to build a case for a smaller debt or payment plan, potentially negotiating lower payments and a more reasonable period of time for debt repayment.
In summary, tax attorneys can help provide relief from legal actions taken by the IRS and work with you to proactively prevent issues related to tax law. They can also help with compliance and defense, provide guidance on proper structuring and planning, and advise on tax-exempt status and estate planning. No matter your situation, working with a tax attorney can help ensure that you and your business are prepared for any tax-related challenge that comes your way.
Additional Piece: The Importance of Strategic Tax Planning in Developing Countries
While tax attorneys are often associated with helping business owners and individuals in developed countries navigate complex tax laws, they can also play a critical role in developing countries. In many cases, developing countries lack adequate tax infrastructure or have tax laws that are difficult to navigate, making it challenging for businesses and individuals to comply with regulations and avoid penalties.
Working with a tax attorney can provide strategic tax planning advice to businesses and individuals in developing countries, helping them comply with regulations while minimizing tax liabilities. This not only benefits the businesses and individuals themselves but also contributes to broader economic development, as efficient and effective tax systems are critical to economic growth and stability.
For example, a tax attorney in a developing country may advise a business on the best way to structure a new venture to minimize tax liabilities while ensuring compliance with local regulations. They could also provide guidance on how to navigate tax-related issues that arise during mergers and acquisitions or other business transactions.
Ultimately, the role of tax attorneys is not just to help businesses and individuals comply with regulations but to help them optimize their tax positions and minimize liabilities. This benefits everyone involved, from business owners and individuals to government bodies and the broader economy.
In conclusion, while tax attorneys may seem like a luxury expense in developing countries, they can play a critical role in supporting economic growth and development by providing strategic tax planning advice to businesses and individuals.
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Tax lawyers specialize in tax law matters. These laws are continually evolving and changing, often making compliance challenging. Whether you or your business are facing complex tax challenges, trouble with the IRS, or just want tax time to run a little smoother, a tax attorney can often be a powerful resource of expertise.
Here are some notable reasons why you might consider the help of a tax attorney in the coming months.
Related: Why business lawyers are a necessary expense
1. You are starting a business
If you’re launching a business but are also new to the process, hiring a tax attorney can provide you with the guidance you need to navigate the tax obligations that come with it. This includes ensuring compliance with federal tax laws and any state and local laws. tax requirements likely to affect your business. Having an advocate on your side can provide you with the information and support you need to understand your options and avoid costly mistakes at each phase of implementation.
Protecting your business, finances and assets requires preparation and proper structuring. Some business transactions carry significant tax consequences, and without knowing the potential implications, you may own the IRS and state agencies more than you realize.
With the help of the right tax attorney, you will often be much better equipped to:
- Structure your company as a corporation, partnership, or limited liability company
- Managing capital gains and losses
- Deduct Non-Performing Assets
- Structure profit sharing or build pension plans
Regardless of the size or scope of your new business, how you approach tax management is key to avoiding trouble and maximizing opportunity. An experienced tax attorney can help you refine that approach and design a plan that sets you up for success.
2. You are facing an IRS audit
Business owners are not the only people who can benefit from the help of a tax attorney. While corporate partners or business owners are sometimes forced to undergo a IRS auditanyone at almost any time is auditable notification. If this is your situation, you can hire a lawyer to communicate with the agency and auditors on your behalf. You can use IRS Form 2848 to give the tax attorney power of attorney to represent you before the IRS.
Your legal representative has the power to receive tax information for the matter in question and for the current tax year, although you can extend your access to additional reporting periods by indicating them on the form. The right attorney can also help you appeal some of the actions taken by the IRS after an audit and help you settle a debt or make an offer in compromise with the IRS.
Please note that a CPAs is not the same as a tax attorney. While certified professional accountants generally help with tasks such as initial tax preparation and minimizing the risk of an audit, these professionals are generally not certified legal professionals and therefore cannot represent you in court. Tax attorneys help you with tax compliance and defense.
Related: What I learned from a two-year IRS audit
3. You are seeking tax-exempt status
Section 501©(3) status is for nonprofit organizations such as charities, private schools, churches, and private foundations. Not all organizations are eligible for this tax-exempt status, and a tax attorney can guide you through the IRS application process for non-profit status. Depending on the nature of your organization, there are different forms to complete and an attorney can help you determine your eligibility for a particular sector.
4. You are handling estate taxes or probate matters
Tax attorneys can handle estate planning and tax related decisions before or after a person’s death. If your plan is to leave your business or related assets to a spouse or children, there are tax laws that could take away a significant portion of your funds. Estate taxes are a concern that a tax attorney can address when you are planning your estate.
If you are the beneficiary of an inheritance, you may have additional tax liabilities. If you don’t know where you may be liable, hiring a tax attorney can give you the experience to understand and navigate those obligations without running afoul of the IRS. It is common for people to use both a CPA and a tax attorney during such a process.
5. You are facing a tax investigation
If you have been accused of tax fraud and are under criminal investigation by the IRS, it may be best to consider the help of a professional. Tax fraud convictions are often accompanied by hefty fines and sometimes even prison time, so it is important to have the best possible representation. Also, tax attorneys do not have to testify against their clients, something that cannot be said for a CPA. Tax attorneys can also help fight a tax lien and work out tax payment options.
6. You cannot face your tax burden
Owing money to the IRS can put you and your business in a difficult position, especially when the IRS requires payment terms that you cannot meet. Falling behind on your tax bill complicates the problem, but a tax attorney can help. Your attorney can help gather evidence to build a case for a smaller debt or payment plan, potentially negotiating lower payments and a more reasonable period of time for debt repayment.
Related: All Business Entities Are Not Created Equal: Finding the Perfect One for You
Facing Your Tax Concerns With A Tax Lawyer
Tax attorneys can help you find relief from legal actions taken by the IRS. They can also work with you to proactively prevent issues related to tax law. But no matter your situation or needs, working with a tax attorney can help ensure that you and your business are prepared for any tax-related challenge that comes your way.
https://www.entrepreneur.com/money-finance/6-common-scenarios-when-you-might-need-a-tax-attorney/452190
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