when to use a tax attorney vs. accountant

by Ms. Joanny Aufderhar 3 min read

Therefore, if your return has unusual or complex issues, you may be better off hiring a tax attorney rather than an accountant. While an accountant can be a tremendous resource for filing tax forms and preparing spreadsheets and financial statements, an accountant cannot give you legal advice. Only an attorney can give you legal advice.

Full Answer

Is a CPA the same thing as a tax attorney?

Feb 01, 2013 · The use of a tax accountant will also usually ensure that your internal accounting practices are valid and that the information contained therein is complete. A “tax” attorney before and above all else is an attorney.

Do you need an accountant or a tax attorney?

Resolving tax debts typically has very little to do with accounting, and everything to do with building and presenting a strong case. Negotiation skills and persuasive skills are critical, while number-crunching skills typically are not. This is one reason why an attorney’s skill set is superior to an accountant’s when it comes to resolving most back tax debts.

How to choose a tax attorney?

Jan 18, 2022 · Some areas where you may choose a CPA or an attorney to assist are: If you owe large amounts of back taxes; If you are facing liens or levies due to unpaid taxes; If you want to halt wage garnishment; If you want to negotiate with the IRS; If you need help with trusts or estates; You should most likely hire a tax attorney if you need: Legal advice in writing

Should you hire a tax attorney or CPA?

Apr 04, 2019 · When Hiring a Tax Attorney is the Right Choice. If your business faces legal tax issues, you need to hire a tax attorney because they have a deeper understanding of the legalities in the U.S. tax system. Hire a tax attorney if you’re one of the unlucky 2.5% getting audited this year or if you’re dealing with any other tax controversies.

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What is the difference between a tax accountant and a tax attorney?

Even though both professionals can help you prepare tax documents and advise about tax liabilities, tax attorneys are legal professionals trained in tax law while CPAs are accountants with a high level of training and credentials relevant to the financial aspects of tax reporting.Mar 18, 2021

Do you get a better tax return with an accountant?

It can be worth the expense, as many people find that they actually save money by going to an accountant because their tax refund increases significantly. But there are also cases where you may want to file your return on your own.

Do accountants know tax law?

CPAs know how to abide by federal tax laws while maximizing your tax benefits and minimizing your tax liability. Typically, you want to hire a CPA if you have much money coming in and out because you can benefit more during the tax season. ... You want someone who has training specifically for taxes to do your returns.Jul 2, 2019

When should you consider using a CPA to file your taxes?

It may be worth the money if you have a complicated tax situation or want to develop a financial relationship. By now you should have your W-2s or 1099s, along with any interest statements, and are already envisioning that tax refund in your hot little hands.Feb 3, 2016

Is hiring a CPA worth it?

Most people only think of hiring a CPA when they prepare their tax return. While CPAs can provide valuable tax advice on how to prepare your return, they can also provide year-round tax advice. This can save you significant amounts of money come tax time.Jan 18, 2022

Should I have an accountant?

Simply put, an accountant will help you with specific issues that most people do not have. ... Owning a rental property is much like owning your own business, so hiring an accountant will help you with the books and the tax implications. You may also wish to hire an accountant if you have a complicated tax situation.

What does a tax lawyer do?

Tax lawyers advise clients regarding the settlement of disputes, including the appropriateness or otherwise of alternative dispute resolution and litigation. Experienced tax lawyers will comment on draft fiscal legislation and make representations to the authorities regarding changes to tax law.

Do tax lawyers need to know math?

Though an accounting or mathematics degree is no prerequisite to becoming a tax lawyer, you must have at least basic math and accounting skills.

Can CPA represent client tax court?

A CPA can handle a tax audit. But tax litigation counsel, with input from the CPA, should represent the taxpayer before the IRS Appeals Office or in U.S. Tax Court. Tax collection matters—levies and lien foreclosure proceedings—require a tax litigation attorney.Jan 25, 2014

What is the difference between an accountant and a CPA?

A CPA is not the same as an accountant. Typically, an accountant has achieved a bachelor's degree in accounting. A CPA, or Certified Public Accountant, is a designation earned after completing specific educational and work requirements, and passing an exam. These requirements are specific to each state.

Is it better to use a CPA or TurboTax?

Even though Turbotax and other programs are easy to use, they have their own limitations. Spending the extra cash to hire a professional can actually save you money in the long run if your financial situation becomes complex....Tax Preparation Costs.TurboTaxAccountant$60 - $120$323Nov 8, 2021

What is tax attorney?

Tax attorneys are first and foremost lawyers who specialize in the technical field of tax law. Attorneys are legal professionals that must have a Juris Doctor degree, commonly referred to as a J.D. and they must be admitted to the state bar.

What is tax accountant?

Tax accountants work to structure your tax position in a way where you pay as little tax as possible while remaining fully compliant with the IRS. Tax accountants help you avoid problems with the IRS rather than fighting the consequences of mistakes made in the past.

How much estate tax do you have to pay when you die?

Your heirs would have to pay an estate tax of up to 40 percent of the balance over these amounts as of 2018.

How long does it take to prepare tax returns for OVDP?

But guess what - the lawyer will delegate preparation of 8 years of tax returns required for OVDP to tax accountants anyway. Once the returns are prepared the tax lawyer will take over and will handle your OVDP case to protect you from criminal prosecution.

What is CPA in tax?

As a general rule, tax lawyers engage accountants (CPA or EA) for preparation of tax returns for their clients. Tax return preparation is a time consuming process - especially when tax situation is complex and may require multiple drafts to achieve the optimal result. Tax lawyers’ hourly rates are too high to justify that.

What is an international tax accountant?

Although an opthamologist and a podiatrist are both doctors, you likely wouldn’t visit your podiatrist for an eye exam, nor would you consult with a cardiologist about your tennis elbow. Tax accountants who specialize in international tax are professionals with day to day experience in the opaque field of international taxation. They provide income tax preparation, advisory, and planning services to US citizens living abroad or involved in international business. In addition to assisting US citizens and Green Card holders abroad, international tax accountants help foreigners involved in US businesses stay compliant with the IRS while avoiding double taxation. At the cutting edge of the most recent developments in the field of financial reporting and intergovernmental agreements on financial information exchange - tax accountants specializing in international taxation possess a thorough knowledge of international Tax Treaties. If delinquent on prior tax returns, international tax specialists should help their clients select the right amnesty program among multiple venues developed by the IRS.

When does the OVDP end?

OVDP Ending in September 2018. On Tuesday, March 13th, the IRS announced the OVDP program will close on Sep 28, 2018. "By that the IRS intends that any U.S. taxpayers with undisclosed foreign financial assets have time to use the OVDP before its closure.".

How long does it take to become a tax attorney?

Law students earn a Juris Doctor degree (J.D.), which typically takes three years to complete. Then, to obtain a state certification, tax attorneys must pass their state's bar exam. Many tax attorneys also go on to obtain an advanced degree in tax law, which can take up to five additional years of study.

What can a CPA do?

When it comes to the legal side of taxes, CPAs can negotiate and represent a taxpayer before the IRS or a revenue officer. Additionally, some CPAs are specially qualified to be able to help with litigations and tax controversies that need resolved in a U.S. Tax Court, so if you’re already working with a CPA, you should ask if the accountant is qualified to help with the specific legal issues you are facing. Of course, tax attorneys are also able to help with these legal issues. Some areas where you may choose a CPA or an attorney to assist are: 1 If you owe large amounts of back taxes 2 If you are facing liens or levies due to unpaid taxes 3 If you want to halt wage garnishment 4 If you want to negotiate with the IRS 5 If you need help with trusts or estates

How long does it take to pass the CPA exam?

The CPA exam has a high degree of difficulty and breadth of subject matter, and applicants must pass all four parts of the exam within an 18-month period. Additionally, CPAs in most states must also work for 1,800 hours under the supervision of a licensed CPA.

Can a CPA help with back taxes?

Some areas where you may choose a CPA or an attorney to assist are: If you owe large amounts of back taxes. If you are facing liens or levies due to unpaid taxes. If you want to halt wage garnishment. If you want to negotiate with the IRS.

What is tax lawyer?

A tax lawyer is a legal professional who graduated with a law degree and specialized in the very complicated world of tax law. A tax attorney must pass the bar in the state they wish to work just like any other lawyer. But what does a tax attorney do?

What can a tax lawyer do for a business?

A tax lawyer can advise your business on major decisions like whether to switch to an S-Corp from an LLC. They can also point out the potential liabilities and any overall structure protections. Their law license then allows them to complete the legal documents needed to make things happen.

How many small businesses get audited every year?

The most common fear is an audit, but that does not happen as often as you would think. Only about 2.5% of small businesses in the United States get audited every year.

Can a CPA do everything?

Trying to decide between hiring a tax attorney or a CPA? It depends on your business’s tax situation. Keep in mind that a tax attorney can do basically everything a CPA can do. But they also have the legal background and license to address court-based matters.

Is Liberty Tax a CPA?

The tax prep people you see generic chains like Liberty Tax or Block Advisors are generally not CPAs. However, they both provide similar tax services like: A CPA helps greatly with complicated business tax situations, especially when you have a lot of money coming in and going out.

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

While a tax attorney is typically reserved for more specific and complex tax issues whereas the CPA is usually utilized on a more regular basis to keep your financial records in order and prepare your taxes , the advantages of having a two-in-one professional are hard to overstate.

What is the role of a tax attorney?

The role of a tax attorney. Tax attorneys are lawyers who have gone through law school, passed their state’s bar exam and emphasize tax issues in their practice.

What is the role of a CPA?

The role of a CPA. CPAs dedicate their education — which is extensive — to a broad range of accounting fields. From auditing and taxation to bookkeeping and business strategy, CPAs are one of the most versatile financial planners available.

What can a CPA do?

However, one of the most beneficial services a CPA can offer is the ability to review or audit a business’ financial records to identify problem areas that need improvement, as well as where you are in good standing.

Who can help with tax issues?

However, two of the most reliable and well-known professionals that can aid you with various tax problems are the tax attorney and the CPA, both of which offer different — though often overlapping — services.

What do tax lawyers do?

Tax lawyers have undergone years of education and training to go up against the IRS and other parties in the face of adverse tax actions and can represent clients during IRS proceedings.

How can a tax lawyer help you?

Another way tax lawyers are helpful is with tax planning. If you need someone to come up with a tax plan that minimizes your liability, trust an attorney to structure your assets. An attorney has undergone more training in dispute resolution than the average CPA.

What can a CPA do?

A CPA can come up with a long-term tax plan and help you stick to it, as well as help with monthly and annual accounting services. Paying quarterly taxes, creating a financial plan, and undergoing audits are easiest with a CPA by your side.

How many hours of continuing education do you need to become a CPA?

They also passed the intensive CPA exam and continue to complete at least 120 hours of continuing education every three years. A CPA is not the person you’d see at your average tax preparation chain, such as H&R Block or Liberty Tax. These are employees who have undergone about 60 to 80 hours of training.

Is an EA the same as a CPA?

An EA is like a CPA, except that an EA doesn’t have to have as much experience or training. EAs typically cost the least out of EAs, CPAs, and attorneys. Just remember – an EA or CPA might not be helpful if you’re involved in a tax dispute.

What can a CPA do for tax?

Both CPAs and tax lawyers can help with tax planning, financial decisions, and minimizing tax penalties. CPAs might have more expertise on the financial side of tax prep, while an attorney can provide legal advice in the face of adversity or possible problems. If you need representation in a tax defense case, trust an attorney. An attorney can also work with you to solve cases involving major tax debt and other difficult problems. If you aren’t sure whether to hire a CPA or a tax attorney, schedule a free consultation with Top Tax Defenders to find out. A lawyer will speak with you at no cost or obligation, review your case, and give you honest advice on whether you should retain a tax attorney.

What can an attorney do for you?

An attorney can also work with you to solve cases involving major tax debt and other difficult problems. If you aren’t sure whether to hire a CPA or a tax attorney, schedule a free consultation with Top Tax Defenders to find out.

Benefits of a Tax Relief Attorney

Tax Attorney-Client Privilege: The attorney-client privilege is a legal concept that is used between attorneys and their clients. This concept makes all communication kept strictly confidential. This concept is used because it encourages clients to disclose all relevant information to their attorney.

Situations and Problems a Tax Relief Attorney Can Help With

Tax Court: If you are heading to tax court it is always smart to have an attorney on your side. A tax attorney will be able to represent you in court and will likely know the best approach for handling your situation.

Tax Solutions a Tax Attorney Can Help With

Offer in Compromise Tax Settlements: An offer in compromise is a complex tax relief settlement that allows you to settle your taxes for less than the total amount owed.

Other Types of Tax Professionals

While Tax Attorneys are excellent professionals to help with tax problems, there are other professionals that can help with various tax problems. Below are the details on other types of tax professionals.

Why is dual education important?

The dual education helps give clients better legal and financial advice due to the ability to avoid blind spots in problem-solving. Especially important, clients are protected by the attorney-client privilege, which does not apply to CPAs. Recently, in Barry v.

Is accounting a foreign language?

Accounting concepts can also be highly complex — analogous to that of a foreign language for many attorneys. The presence of an accountant, whether hired by the lawyer or the client, is often necessary or at least highly useful for the effective consultation between attorney and client. However, if the advice sought is the accountant’s rather ...

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When Should You Work with A Tax Accountant?

  • Individual or business tax preparation or tax planning - these are tasks that you should engage an accountant to complete. Tax accountants work to structure your tax position in a way where you pay as little tax as possible while remaining fully compliant with the IRS. Tax accountants help you avoid problems with the IRS rather than fighting the consequences of mistakes made in the …
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When Should You Work with A Tax Attorney?

International Tax Issues

  • Although an opthamologist and a podiatrist are both doctors, you likely wouldn’t visit your podiatrist for an eye exam, nor would you consult with a cardiologist about your tennis elbow. Tax accountants who specialize in international tax are professionals with day to day experience in the opaque field of international taxation. They provide income tax preparation, advisory, and pla…
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Considering OVDP Or The Streamlined Procedure?

  • If you find yourself in a situation where you do not qualify for any of the “mild” programs and the OVDP program is your last resort - then you may need the help of a tax lawyer to guide you through the program. But guess what - the lawyer will delegate preparation of 8 years of tax returns required for OVDP to tax accountants anyway. Once the returns are prepared the tax law…
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