Cecily Zamora
Tax law is a complex area that requires specialist knowledge. If you're having tax problems, there are several options for seeking help. The IRS has online tools to answer tax questions and the Taxpayer Advocate Service (TAS) helps taxpayers facing economic burdens, IRS system issues, or unfair treatment. Low-income taxpayers may receive free or low-cost assistance from Low-Income Tax Clinics (LITCs). For complex issues, consider hiring a tax attorney, who can provide legal advice, help with IRS disputes, and plan ahead to minimize future tax bills. Tax attorneys may specialize in individual or corporate tax law, international tax law, estate planning, or state and local taxation.
| Characteristics | Values |
|---|---|
| Who can help with tax issues? | Taxpayer Advocate Service (TAS), Tax Attorney, Low Income Tax Clinics (LITCs) |
| When to seek help from TAS? | If you are having tax problems and have not been able to resolve them with the IRS, or if you are facing a financial hardship or IRS system issue |
| Who are tax attorneys? | Legal professionals who provide tax advice, help with tax compliance, and representation in disputes with the IRS or state tax authorities |
| Specialties of tax attorneys | Individual taxation, corporate tax law, international tax law, estate planning, tax controversies, state and local taxation |
| How to find a tax attorney? | Online search, IRS directory, websites like Avvo and Martindale-Hubbell, state bar association directories, recommendations from friends/family |
| Who are LITCs for? | Low-income taxpayers, ESL taxpayers who need help understanding their rights and responsibilities |
| What do LITCs do? | Assist with audits, appeals, collection disputes, responding to IRS notices, and correcting account problems |
| What are some examples of tax law changes? | Trump Tax Plan, TCJA, OBBA |
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What You'll Learn
Taxpayer Advocate Service (TAS)
The Taxpayer Advocate Service (TAS) is an independent organization within the IRS that ensures taxpayers are treated fairly and helps them understand their rights. TAS assists taxpayers who are experiencing tax issues that they cannot resolve on their own.
TAS helps taxpayers whose tax issues fall into one of the following main categories:
- Financial Hardship: This includes situations where taxpayers are experiencing financial difficulties that are causing an economic burden. For example, if you are unable to pay for food, utilities, or transportation, or if you are at risk of losing your house. You may be required to provide documentation to verify the hardship.
- IRS System Issue: This involves issues with an Internal Revenue Service (IRS) process, system, Internal Revenue Code (IRC), or procedure that has failed to operate properly. These issues may affect one or multiple taxpayers.
- Fair & Equitable Treatment: TAS ensures that taxpayers receive fair and equitable treatment and that their rights as taxpayers are protected.
If you are having tax problems that fall into one of these categories and have been unable to resolve them with the IRS, TAS may be able to help. You can use the TAS Qualifier Tool on their website to determine if you qualify for assistance. If you do qualify, you will be assigned a dedicated advocate who will work with you throughout the process. TAS also provides free IRS tax preparation assistance and referrals to Low-Income Taxpayer Clinics (LITCs) for those who need help with audits, appeals, and understanding their rights and responsibilities.
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Tax attorney
If you are facing tax problems, particularly with the IRS or state tax authorities, a tax attorney can provide valuable assistance. They can help you navigate complex tax regulations, ensure you receive fair and equitable treatment, and protect your rights as a taxpayer. Additionally, if you are experiencing financial hardship or economic burden due to tax-related issues, a tax attorney can negotiate on your behalf and work towards resolving your tax disputes.
It is important to note that tax attorneys typically have a Juris Doctor degree (J.D.) and may have specialized training in taxation. Some are also certified public accountants (CPAs), making them well-equipped to handle complex accounting and legal matters simultaneously.
When considering hiring a tax attorney, look for professionals with a strong understanding of the legal code, case law, and statutory law. They should be detail-oriented, possess excellent analytical skills, and have strong communication abilities to explain complex tax rules to non-specialists.
In summary, a tax attorney can be a valuable asset if you are facing tax-related legal issues or disputes. They will advocate for your rights, navigate complex tax regulations, and work towards resolving your tax problems.
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Corporate tax law
One of the primary responsibilities of corporate tax attorneys is tax planning and compliance. They guide corporations in structuring their financial affairs to minimize their tax liability while ensuring compliance with legal obligations. This includes advising on mergers and acquisitions, executive compensation, transfer pricing, and international tax implications. Corporate tax attorneys are also well-versed in state and local taxation (SALT), assisting businesses with issues related to income tax, sales tax, property tax, and tax incentives.
In addition to tax planning, corporate tax attorneys represent their clients in tax disputes and litigation. They act as a crucial intermediary between corporations and tax authorities, such as the Internal Revenue Service (IRS) or state tax agencies. These attorneys possess strong negotiation skills and a deep understanding of tax laws, enabling them to advocate for their clients' rights and reach favourable settlements. Corporate tax litigators may also handle audits, appeals, and courtroom litigation, protecting the interests of their corporate clients at every stage.
The field of corporate tax law offers diverse career opportunities. Corporate tax attorneys can find employment in law firms that represent corporations, accounting firms, federal and state government agencies, and even in-house legal teams of corporations. Their expertise is highly valued as they help shape tax policy and legislation at the local, state, and federal levels. The demand for skilled professionals in this area is evident, with projected job openings for lawyers expected to grow by 5% from 2023 to 2023, outpacing the average growth rate for other occupations.
Pursuing a career in corporate tax law typically involves obtaining a law degree, such as a Juris Doctor (JD), and fulfilling state licensing requirements. Continuing legal education is also essential to stay abreast of the ever-evolving tax laws and regulations. Corporate tax attorneys play a vital role in helping corporations navigate an increasingly complex tax environment, ensuring compliance and minimizing their tax burden.
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International tax law
The Office of the International Tax Counsel (ITC) in the US, for example, is responsible for negotiating and reviewing income tax treaties with foreign countries. These treaties can help reduce or exempt certain income tax liabilities for foreign residents with income in the US or US citizens with income outside the US. The ITC also provides legal advice and analysis on international tax issues, including legislation and regulations, and represents the US in international organisations.
Businesses and individuals with international operations or income can benefit from seeking skilled and responsive legal advice from international tax lawyers. These professionals can provide insights on current tax developments, offer dispute resolution services, and help navigate the complexities of international tax regulations to ensure compliance and minimise tax liabilities.
Overall, international tax law helps create a framework for the taxation of cross-border income and transactions, promoting fair and efficient tax practices while reducing the risk of double taxation.
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State and local taxation
State and local tax laws vary across the US, and they can be complex. All 50 states incorporate the federal tax code into their state tax laws, but each state can customise its taxation laws, resulting in differing tax systems. States may impose income, property, sales, or excise taxes, and these vary in rate and application. For example, Washington State has one of the highest combined state and local tax rates at 9.38%New Hampshire does not impose taxes on wages and salary income, instead taxing dividends and interest income.
State and local governments can explain your rights as a taxpayer and often have a taxpayer advocate or ombudsman to help with tax problems. Local tax lawyers can also provide legal advice and help with issues like tax liens and payment plans.
State income tax is levied on salary, wages, and other types of income. Currently, 41 states collect income tax on salary and wages, while eight states do not impose individual income taxes at all. States without income tax often compensate with higher tax rates in other categories.
Property taxes are based on the value of personal property, including cars, boats, recreational vehicles, and business machinery. They are imposed by the jurisdiction where the property is located and fund essential local services. Some states offer property tax relief, such as New York's STAR program for eligible homeowners.
Sales tax is a consumption tax imposed on the sale of products and services. At present, five states do not implement statewide sales tax. States may also impose excise taxes, estate and inheritance taxes, and liquor taxes.
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Frequently asked questions
Tax law provides guidance on refunds, and tools like the Interactive Tax Assistant (ITA) can help you understand if you are owed money and how to claim it.
If you are unable to pay your taxes, it is important to consider seeking professional assistance. The Internal Revenue Code is complex, and a tax professional can help you understand your options and rights.
Yes, the Taxpayer Advocate Service (TAS) assists taxpayers facing financial hardship or economic burden. They can provide support and help protect your rights as a taxpayer.
Yes, the Earned Income Tax Credit is a tax break specifically designed to help low- to moderate-income workers and families.
This depends on your specific situation. If your spouse is not complying with tax laws, filing separately can protect you from liability for any penalties they incur. However, there may be benefits to filing jointly, such as tax deductions or credits. Consult a tax professional for personalized advice.
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