Should You Get Representation by a Tax Attorney If You Are Audited & Your Returns Are Wrong?
The specter of a tax audit is enough to send a cold chill down anyone's spine. The mere prospect of having made a mistake and having to pay for it, either in fines or in jail, can lead to endless stress. If you're being audited, a tax attorney will likely be able to help you and provide some relief. Every tax situations in unique, and only a tax attorney can give you legal advice about your issues.
When should you get an attorney?
The best time to get an attorney is, often, when you do not immediately need their services. Many businesses and even individuals have a tax attorney who can be there in a time of need, known as being on retainer, and who can represent the business if the Internal Revenue Service or state tax agency contacts the taxpayer. Regardless of whether you have an attorney on retainer, any time you face an audit or questions about your taxes, talking to an attorney is always a good idea.
What about audits or other investigations?
Anytime the IRS or any other representative of the state interacts with you, you have specific rights and privileges. Even by talking to an IRS agent over the phone you may unwittingly expose yourself to more problems and even criminal liability. A tax attorney can act as your representative in all interactions with the IRS, and at the very least will remove the stress of having to go through the audit process on your own.
What can a tax attorney do?
Tax attorneys have a variety of skills they can bring to help you in your tax situation. Tax laws are complicated and subject to nearly constant change. A tax attorney not only knows what laws apply in your situation, they also understand the procedures involved in a tax case and how to interact with the government. A tax attorney can advise you not only on what tax strategies to use, but can also give such advice under the protection of attorney-client privilege.
What about a CPA?
A person getting audited by the IRS sometimes employs a certified public accountant to represent him in the auditing process. While a CPA can be your representative during the audit, the CPA cannot represent you if the case ever goes before a court. Many tax attorneys have an accounting background or employ accountants as part of their representation. In some situations, such as a criminal tax case, a CPA may form an important part of your defense but she is no substitute for a qualified criminal defense attorney.
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