A tax attorney is one of three different types of tax professionals that can help you resolve your tax problems that arise from an audit, collections, or an appeal problem. They can also help with complex tax and estate planning, dispute resolution, and complex return preparation. When looking for this type of professional you should find one with a special law degree or tons of experience.
When it comes down to deciding if you should use this type of professional to solve your problems you need to consider your type of tax problem and the likely course of action for solving your tax problem. Below are the top 3 strengths that this type of tax expert has over a CPA or enrolled agent. Keep in mind that these strengths are beneficial to certain types of problems.
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1. May offer legal advice that other tax pros cannot - They are aware of the many tax laws as well as many other related laws. Other tax professionals may not have the expertise to give advice relating to these types of laws. They can also offer alternatives such as bankruptcy that other types of pros wouldn't. Going through bankruptcy could be an option for you if you owe certain types of tax debt, if you would like to understand if it is an option for you, you must talk with an attorney.
2. Superior Negotiation Skills - If you have a problem that will require a lot of negotiation with IRS personnel it could be beneficial to have an attorney on your side to do the negotiations. However, other tax pros can be just as good at this depending upon their experience and knowledge of the particular situation.
3. Attorney Client Privilege - A tax attorney is the only type of tax expert that is totally legally exempt from being forced to testify against you if the IRS were to decide to testify against you in the future. An enrolled agent has some privilege, but not the same as an attorney. With this being said, it is extremely beneficial for you to use a tax attorney to represent you if the IRS places criminal charges against you or if you have been accused of tax fraud.
Based on the information above, a tax attorney should be used for all criminal tax cases, tax fraud cases and tax bankruptcy. To understand your options fully, it is best to talk to multiple types of tax professionals to get all different types of options.
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