ny tax attorney who can access my records

by Prof. Manuela Donnelly DDS 6 min read

Who has access to my tax records?

The taxing authorities within the state or at the federal level can have access to all income tax records. Additionally, the court system has the ability to order the release of any individual’s tax return data under specific circumstances. However, these are not public records, nor can they be made public, without the individual’s consent.

Can a court order access to private tax records?

Many times, the court system will also require access to private tax records as a way to locate a parent or parents that have missed making their court-ordered payments of child support. The United States Department of Education will often have the legal right to examine an individual’s private tax returns.

How do I contact the Office of the taxpayer rights advocate?

Complete Form DTF-911, Request for Assistance from the Office of the Taxpayer Rights Advocate. Fill out completely Form DTF-911, Request for Assistance from the Office of the Taxpayer Rights Advocate. Fax the form to 518-435-8532.

Can a private investigator get my tax records without my consent?

Although private investigators have many abilities for obtaining personal information, they cannot legally gain access to view or acquire the tax records of an individual without their consent. Only by following proper legal procedures can any agency or individual obtain the personal data on a private tax return.

image

Is your income tax public knowledge?

No, tax forms are not public record. They are private information. Tax forms contain confidential information and are not meant to be shared. Information from a tax form can only be revealed to certain persons if there is some legal need to do so.

How far back can NY state audit you?

three-yearNew York State Tax Law generally places a three-year statute of limitations on tax audits, beyond which the Tax Department may not audit without your written consent.

How long can New York State collect back taxes?

So What is the NYS Tax Warrant Statute of Limitations? 20 years. The State of New York has 20 years from the date a warrant could have been filed to collect on a tax debt. This is double the ten years given for the IRS Collection Statute Expiration Date.

Can a lawyer report you to the IRS?

The best thing you can do if you believe that someone has reported you for tax fraud or is planning on doing so is to contact an experienced tax defense attorney like those at the Tax Law Offices of David W. Klasing as soon as possible. If the fraud occurred very recently, we may be able to simply amend your returns.

What triggers NYS tax audit?

Some of the reasons we select a taxpayer for audit include: Failure to file a return. Failure to report income or sales. Excessive credits or exclusions claimed on a return.

What triggers a state tax audit?

Generally, what triggers a state tax audit is a tax return with an error or discrepancy. Some of the most common ones are mathematical mistakes, incomplete information and mismatches between what the taxpayer reported and data the government has in its database.

Does NYS forgive tax debt?

If you owe taxes to the New York State, you may qualify for an NYS Offer in Compromise (OIC). That's where the state allows you to clear your taxes owed for less than you owe. Both businesses and individuals can apply.

What happens if I don't pay NY state tax?

If you do not pay your tax when due, we will charge you a penalty in addition to interest. The penalty may be waived if you can show reasonable cause for paying late. The penalty charge is: 0.5% of the unpaid amount for each month (or part of a month) it is not paid, up to a maximum of 25%

What happens if I owe NY State taxes?

If you're unable to pay your tax bills in full, you may qualify for an installment payment agreement (IPA). With an IPA, you'll make monthly payments toward your unpaid tax balance. What you need to know: You must have a bill before you can request an IPA .

What taxpayer information is confidential?

The U.S. Code states that "[federal tax] returns and return information shall be confidential." This extends to any of the information related to the returns, such as reviews, audits, and any effort to collect unpaid taxes.

Can anyone see your tax return?

By law, the public does not have legal access to any individual's tax return. Income tax records are both private and privileged information. Likewise, private investigators also cannot obtain this information.

What personal information does the IRS have access to?

Most of it comes from three sources: Your filed tax returns. Information statements about you (Forms W-2, Form 1099, etc) under your Social Security Number. Data from third parties, like the Social Security Administration.

What is the Office of Taxpayer Rights Advocate?

The Office of the Taxpayer Rights Advocate was established in 2009 as a place for taxpayers to receive an independent review of their tax situation while promoting and upholding the department's mission of fair and equitable application of the tax laws. Besides review of specific cases, we participate in the department’s policy committees, ...

What does the advocate do in New York?

solve problems and suggest options to taxpayer dilemmas. advocate for individual taxpayer concerns. The advocate cannot: change New York State tax law for individual situations. change time limits for filing, payment, or refunds. act as legal counsel for individual situations.

How to fill out a DTF-911?

Fill out completely Form DTF-911, Request for Assistance from the Office of the Taxpayer Rights Advocate. Fax the form to 518-435-8532. Telephone. Have at hand any documentation relevant to the matter you need to resolve, such as: the names of the tax laws, policies, or regulations;

Delia Law Office New York Location & Contact Info

Facing a major tax issue in New York City can be daunting, but we at Delia Law have the experience needed to help you to overcome it.

How We Can Help You

If you’re ready to live IRS debt free, then a New York tax attorney can help you to take advantage of the many IRS tax relief programs currently available. If you owe taxes to the IRS, get help with settling your debt for a smaller amount than what you owe via an offer in compromise.

More About Delia Law Services in New York, NY

The experienced team at Delia Law specializes in the tax debt problems that many Americans face every day. If you have been threatened by the IRS or your State Tax Agency regarding charges stemming from unpaid or delinquent taxes or other tax crimes, we provide the legal aid you need.

1. J David Tax Law

The tax team was great. The help they provided was truly appreciated and saved me a ton. If I had anything to ask or information regarding the…

2. Anderson Bradshaw Tax Consultants

First I would like to say that I am completely at fault for falling so far in my back-taxes. I was w-2 then 11 years ago switched to 1099. Needless…

3. Abrams & Bayliss, LLP

From Business: Abrams & Bayliss, LLP is a business litigation and advisory boutique that focuses on high stakes controversies and transactions carrying a high risk of…

4. Timothy S. Hart Law Group, P.C. New York Tax Lawyer & CPA

I came to Tim with a huge tax bill resulting from a foreclosure a few years prior. I procrastinated handling the issue and felt like there was zero…

5. Accelerated Tax Solutons

I just wanted to express my deepest gratitude in your help and genuine concern. thank you for helping my situation.

6. Carmel, Milazzo & Feil LLP

From Business: We take great pride in our ability to offer our clients a unique blend of exceptional, large firm expertise and focused boutique firm service. We quickly…

7. Tax Defender USA

From Business: We are here to help you resolve your tax problems and put an end to the misery that the IRS can put you through. We can help you with the following: Wage…

Confidential Records

In accordance to the Privacy Rights Clearinghouse (PRC), federal and state tax returns are confidential and private records in nearly every circumstance. There are only a few exceptions that allow government agencies other than the Internal Revenue Service and the individual to have access to past and current tax returns.

Some Exceptions

There are specific exceptions to obtaining and examining tax records. This usually involves some sort of court process. Typically, the court will require that the individual provide them as a part of the proceedings.

The Department Of Education

The United States Department of Education will often have the legal right to examine an individual’s private tax returns. They do this to make the determination on whether the individual is eligible to receive monies through a federal or state loan program.

E-filed returns

Log in or create an Online Services account to view and print a copy of your e-filed return for the following tax types:

All other returns

To request copies of e-filed or paper returns for tax years 1990 and forward, complete and mail Form DTF-505, Authorization for Release of Photocopies of Tax Returns and/or Tax Information. Returns filed before 1990 are not available.

image