what type attorney do i need for accounting tax advice

by Annamae McKenzie 7 min read

Certified Public Accountants (CPA) and tax attorneys are both professionals who can attend to your tax needs. The primary difference between the two is that, while a CPA holds expertise in dealing with the financial implications of tax matters, a tax attorney specializes in handling the legal aspects of taxation.

Full Answer

What qualifies as tax advice?

Tax advice means the preparation and submission of tax returns, advice on tax planning, representation and defence of taxpayers before authorities and courts and the provision of overall advice in the area of taxation and complementary accounting and legal services.

Can a CPA negotiate with the IRS?

Yes. Anyone who is accepted to practice can represent a taxpayer and negotiate on their behalf.

What kind of advice will you get from a CPA?

A CPA looks at your long-range financial goals and helps you figure out how much money you have, how much you'll need, and how you're going to get it. It's your vision, and a CPA can help you execute that vision.

What is a CPA vs accountant?

A CPA is not the same as an accountant. An accountant is typically a professional who has earned a bachelor's degree in accounting. A CPA, or Certified Public Accountant, is a professional who has earned their CPA license through a combination of education, experience and examination.

How much will the IRS usually settle for?

The average amount of an IRS settlement in an offer in compromise is $6,629.

Are tax attorneys worth it?

If you have back taxes that you need to pay off, a tax attorney can help to negotiate a deal for repayment. A good tax attorney will often be able to negotiate a better deal than you would have been offered otherwise, saving you money on interest payments.

Is hiring a CPA worth it?

CPAs can help you online or in person to prepare and file your necessary tax documents as well as offer advice on how to optimize your tax return. Hiring a tax professional often works to your advantage when your circumstances are complex or involve a significant amount of work.

What is the difference between a CPA and a tax preparer?

A CPA has to obtain a proper degree, pass a complicated exam, obtain professional experience, and face regulation by a state board. Without completing the proper degree, tax preparers will not have the basic accounting skills required to prepare business tax returns.

What is the difference between a CPA and a financial advisor?

While CPAs look for ways to reduce your taxable liability, financial planners consider opportunities to grow your wealth. Financial planners focus heavily on investment strategies, such as the stock market, money market accounts and retirement planning.

Are CPAs trustworthy?

The Certified Public Accountant (CPA) license matters. The proof presents itself every day in the ethical, informed and trustworthy work CPAs do. Through their invaluable work, licensed CPAs bring confidence, experience, accuracy and honesty to an, often, uncertain financial world.

How do you check if an accountant is certified?

If you need to confirm someone is a CA, you can search for them by name on our Find a CA service. All members listed in this directory are current members of ICAS, and entitled to call themselves Chartered Accountants.

What does a bookkeeper do vs accountant?

Key takeaway: Bookkeepers handle the day-to-day tasks of recording financial transactions, while accountants provide insight and analysis of that data and generate accounting reports.

Can a CPA help with IRS problems?

While a CPA is one of your best options when it comes to filling out those convoluted IRS forms come tax season, they can also serve as a principal advisor for many different financial decisions, including estate planning, investment and real estate advice, certain IRS problems and more.

Can you negotiate with the IRS without a lawyer?

You don't have to hire a law firm or other tax professional to make an OIC. If your offer is rejected, you can appeal within 30 days using Request for Appeal of Offer in Compromise, Form 13711 (PDF).

How do I get the IRS to settle for less?

Apply With the New Form 656 An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can't pay your full tax liability or doing so creates a financial hardship. We consider your unique set of facts and circumstances: Ability to pay.

Can a tax attorney negotiate with IRS?

However, tax lawyers can negotiate agreements with the IRS, such as offers in compromise, that allow you to pay less than your total balance. As a result, you can save hundreds or thousands of dollars while resolving your back taxes at the same time. Tax attorneys can guide you through an audit.

What Is a Tax Attorney?

Tax attorneys help their clients navigate and comply with the complex system of tax codes and legally take advantage of the myriad deductions, credits, and exemptions. They also represent clients in tax disputes. Tax lawyers in private practice assist both individuals and businesses. They may also serve as corporate in-house counsel or work in the government.

How Are Tax Attorneys Employed?

Tax attorneys work as part of a legal department, collaborating with other in-house counsel, company officers, and board members to serve their corporate clients on an ongoing basis.

What Qualifications Do You Need to Become a Tax Attorney?

Earn a bachelor's degree, preferably in accounting, business, or mathematics.

What do attorneys do with property appraisals?

Attorneys dealing with these issues review client documents — including letters from local governments with assessed values and legal descriptions — for accuracy. They research comparable properties’ tax assessments and possible exemptions, and they arrange for property appraisal. These professionals request reviews from the local assessor’s office and advise clients on their best course of action. They may also file appeals with the assessor and represent clients at hearings.

What do attorneys do in private practice?

Smaller firms and attorneys in private practice may assist individuals or small businesses with audits, tax disputes, property tax appeals, investments, and setting up trusts. Some attorneys work in estate law, helping clients structure their wills and trusts to maximize tax advantages.

What type of business do attorneys represent?

Attorneys help clients select a business entity type, such as a C-Corp, S-Corp, or limited liability company. They advise on tax advantages and disadvantages; draft business formation documents, such as articles of incorporation; and complete forms to file with the state and the IRS. These professionals also draft LLC agreements and corporate bylaws and assist clients in transferring business assets to LLCs or corporations.

What is a tax specialist?

Specialists formulate and implement plans of action to deal with issues including audits, back taxes owed, mistakes in tax amounts owed, and tax evasion. They draft letters to the IRS, adhere to imposed deadlines, negotiate resolutions and settlements with the IRS, and represent clients in federal court.

What is the advantage of having a tax attorney?

On the other hand, while a tax attorney can also provide tax planning advice to clients , the distinct advantage of a tax attorney comes in the form of dispute resolution assistance with the Internal Revenue Service (IRS). Tax attorneys have an in-depth knowledge of tax law principles and current case law precedent. They are experts in negotiations and arguing your case in court.

What to do if you need a tax professional?

If you need a tax professional who is an expert in accounting and tax preparation, seek out a CPA. If you have a specific legal concern or are dealing with an IRS dispute, seek out a tax attorney. It may behoove you to have an ongoing relationship with both types of tax professionals if you encounter complicated tax situations frequently in your line of work.

What is a CPA?

A CPA's role focuses on maintaining your small business's financial records, preparing financial statements, and preparing tax returns. CPAs are an ideal business partner to have for day-to-day accounting and tax issues. Your business's CPA can also offer tax planning advice throughout the year to help minimize your tax liability. You can strategize together on business decisions such as appropriately timing your major asset purchases.

What to do if you have a dispute with the IRS?

Additionally, if there is the potential for criminal charges from the IRS as the result of the dispute, seek the help of a tax attorney. Your tax attorney is protected by attorney-client privilege, so your conversations will remain confidential. Your business's tax attorney will not be forced to testify against you as a result of your conversations.

How long does it take to become a tax attorney?

Tax attorneys complete a bachelor's degree and three years of law school. Some law schools offer a joint law degree and Master of Laws (LLM) in taxation program, which is one semester longer than a typical law school program. Additionally, all tax attorneys must pass the Bar Exam in their state and have a legal focus on tax issues within their practice.

Is a CPA or Tax Attorney Right for Your Situation?

CPAs and tax attorneys can play different roles in assisting your small business. Both CPAs and tax attorneys offer tax planning advice based on current tax law, with the goal of reducing your overall tax liability. Both professionals have continuing education requirements that ensure they are up to date on current tax topics and changes in tax law. The difference is in the scope of their work.

Why Should You Hire a Tax Attorney And Not a CPA For Your Tax Issues?

A certified public accountant can help you with many tax issues and offers similar services. Here is why you should opt for a tax attorney over a CPA, nonetheless:

What is a Tax Attorney?

A tax attorney, also known as a tax lawyer, is an attorney specializing in the application and interpretation of tax policies and laws. Tax attorneys are often involved in litigation, advising taxpayers on the tax consequences of various transactions and representing clients who have tax disputes that can only get resolved in a courtroom.

What are the similarities between accountants and tax attorneys?

The similarities. Knowledgeable accountants and tax attorneys will be able to provide tax advice and planning strategies to individuals and businesses. The U.S. Tax court allows attorneys and certain non-attorneys, including qualified accountants, to represent clients in cases.

Who to Contact for Tax Questions: Tax Lawyer or Accountant?

Once you know you want to seek professional tax advice, you'll next have to consider whether to approach a tax attorney or an accountant. Answering this question will likely depend on what type of assistance you need. Of course, there's no prohibition against speaking with both a tax lawyer and an accountant. In some cases, you'll find both in one as many tax lawyers are also certified public accountants.

What is the difference between an attorney and an accountant?

The training of attorneys, which includes an emphasis on studying case law, legal writing and research, may equip attorneys with an edge on specialized tax litigation and appeals and issues related to liability. The training of accountants in financial planning, and tax regulations and codes may give them an edge in financial strategy.

Can accountants practice both?

Best of both. Can't decide? Consider choosing both. There are a growing number of accountant-lawyers who have studied and are certified to practice in both fields. These practitioners will likely be highly specialized in a particular area of tax law and, while they may charge higher rates, may be invaluable in addressing your unique legal issues.

WHAT SKILLS DO YOU NEED TO BECOME A TAX ATTORNEY?

Tax attorneys must possess comprehensive knowledge of the federal tax code and other tax laws. They also must understand business and financial strategies. Law school covers much of this subject matter, particularly for students focusing on tax and business law. The following section discusses other skills needed to successfully practice tax law.

What license do tax attorneys need?

Practicing tax attorneys must hold a license conferred by a state bar association. Admission requirements for the bar may vary by jurisdiction, but the following sections summarize the processes for obtaining and maintaining active licensure and becoming certified as a tax lawyer.

What is tax lawyer?

Tax lawyers must have familiarity with tax laws to properly advise clients on how to take advantage of tax credits, communicate on behalf of clients with the Internal Revenue Service (IRS), and practice in tax court. Some tax attorneys work in the area of estate planning, in which they counsel clients on how to structure wills and trusts for maximum tax benefits.

How to become a tax attorney?

Optional: Obtain a state certification or an advanced degree in tax law, which can take up to five additional years. Though not required to practice tax law, these credentials can create opportunities for more jobs with higher salaries. For example, attorneys who want to advertise specialization in tax law must hold the proper certification to do so. State certification typically requires an exam and five years of work experience in tax law. A master of law (LLM) in taxation usually takes two years to complete and can shave a year or more off the work experience requirement for certification. Some firms require their tax attorneys to hold LLMs.

What classes do tax lawyers take?

Aspiring tax lawyers’ class options often include introduction to federal tax, taxation of corporations and shareholders, tax practice and procedure, and international taxation.

Why do attorneys need to research tax code?

The tax code constantly changes, so attorneys need strong research skills to provide current advice to their clients.

How much does a tax attorney make?

Tax lawyers work at law firms, sometimes as part of corporate legal teams. Tax attorney salaries average $101,898, making this a lucrative career choice.

image