Hiring a tax professional depends on your tax needs. There are three common certifications in the tax industry.
Enrolled Agent (EA)
An enrolled agent is authorized by the IRS to represent taxpayers before the IRS for audits, collections, and appeals. EAs can advise and prepare tax returns. There is no educational requirement to become an EA. There is a short exam administered by the IRS that a person must pass in order to become an EA.
I’ve worked with many EA representatives during my time at the IRS. There are a few I would easily recommend to someone going through a tax audit. Many do not, in my opinion, provide adequate representation for their clients. More crucially, EAs are only able to provide limited client confidentiality protection.
Certified Public Accountant (CPA)
The requirements for obtaining a CPA license are:
- 5 years of education (bachelors and usually a masters)
- 2 years of experience (some states don’t require any)
- A passing score on the CPA exam
CPAs do not all specialize in tax. The accounting profession is broken down into internal audit (not tax audit), tax, and consulting. Even within tax, CPAs can specialize in individual, corporate, state and local, and international tax. You should seek a CPA specialized in individual/small business tax if those are your issues. CPAs prepare returns, ensure you are in compliance with tax code, and maintain business and financial records. A CPA is a great choice if you are current on your taxes and do not have any outstanding tax issues.
Tax Attorney (JD)
The requirements for a licensed attorney are as follows:
- 7 years of education (bachelors and juris doctorate, JD)
- Passing score on the bar exam
- Passing score on the professional responsibility exam
Attorneys are the most diverse group of the three types of professionals. They can specialize in estate planning, personal injury, criminal law, bankruptcy, immigration, and more. Some may even decide to specialize in two or three areas. There is no formal requirement for an attorney to call themselves a “tax attorney” or “immigration attorney.” As with CPAs, you want to ensure that the attorney has experience in the specific area of tax for which you are seeking help. Tax is probably the most specialized of the different practices. Some lawyers will take an additional 1 year of law school to earn a tax LLM in order to learn this specific body of law and go directly into tax practice. However, for attorneys that have tax experience, an LLM is redundant and unnecessary.
Attorneys are trained to advocate for your legal rights and will fight to ensure that your rights before the Internal Revenue Service are protected. A good tax attorney should have a solid understanding of IRS procedures for tax controversy cases.
Reasons Why You May Need a Tax Attorney
- A tax attorney is a must if you’re facing complex issues with the IRS such as delinquent/substitute filed returns, liens, wage garnishments, bank account garnishments, audits, criminal investigations, or any other type of federal tax disputes.
- If you need attorney-client privilege to discuss a potential tax fraud issue. Attorneys can maintain attorney-client privilege and cannot be forced by a third-party, including government entities, to provide confidential information. Under federal law, CPA/accountant-client privilege is not recognized. Enrolled agents may have limited privilege in connection with a tax audit or collections, but it does not extend to tax return work-papers or to criminal proceedings. In order to resolve your issues it is important that you are able to discuss freely with a tax professional without worrying whether the information you provide may be used against you by the IRS, whether in a civil or criminal investigation. Under no circumstance will Law Office of Kunal Patel help you plan, further, or conceal a scheme to defraud the IRS or other government entity. However, we can identify past risks and offer solutions to resolving them confidentially with open and honest communication.
- You are starting a new business and need legal counsel for structuring your company.
- You also need help with contracts and legal issues.
- Attorneys can represent you in tax court.
CPAs who specialize in taxation tend to be adept at preparation of income tax returns. But CPAs are not trained in law or advocacy. If a case does not resolve administratively, a CPA is unable to take it to the next level—litigation. Petitioning the U.S. Tax Court, or the knowledge by IRS counsel that the taxpayer’s representative is capable of litigating the case, is important in resolving a tax case. Pursuant to IRS practice, once a case is docketed in U.S. Tax Court, it is sent back to IRS Appeals for another attempt at administrative resolution. IRS Counsel have ultimate settlement authority over a docketed case—they tend to be the most reasonable of all IRS representatives.
Can I Afford a Tax Attorney?
Often clients call wondering if they can afford to hire a tax attorney. First, are you low income taxpayer? If so, there are various free resources available to you. There’s also the Houston Volunteer Lawyers program, where I take cases from time to time.
Second, there’s a misconception that tax attorneys charge more than CPAs. Many CPAs, and even some EAs have hourly rates that are comparable to attorneys fees. You should hire someone trained in legal advocacy to resolve IRS matters. If you’re on this page, then you likely have a tax problem caused by another tax professional or because you decided to handle it on your own. So the real question is, can you afford not to hire a tax attorney?
Third, we spend a great deal of time on the initial analysis, which is critical for the successful resolution of tax issues. At the end of the initial analysis, you’ll have an understanding of your available options and the costs.
Finally, we offer payment plans if you are not able to pay in full. However, fees for the initial analysis are required up front.
“Tax professionals” You Should Always Stay Away From
There is an abundance of individuals that call themselves “tax professionals” that you should never hire. The IRS will almost always hold you responsible for additional taxes, penalties, and interest, regardless of the person who prepared the returns.
Tax resolution firms. “Tax resolution” firms advertise heavily on television, online, and on the radio, promising relief which they can not deliver. They have generic-sounding business names and don’t use any of the owners’ names in the business name. As a result, if the company goes under or enough complaints are filed, they can just shut down the business and open up another with no personal accountability. These firms use high-pressure sales techniques to extract substantial retainers. After the retainer is paid, the “resolution” firm sometimes disappears or is unable to fulfill their promises. The taxpayer is out his or her money, without relief. Unfortunately, these firms are unregulated and charge whatever fees they are able to extort from their clients. Some common characteristics of these firms are to use BBB accreditation and online reviews to convince clients of their legitimacy. They may also advertise as having the “highest success rates in the business.” How exactly is that measured and according to who? They may claim to be “featured on CNN and MSNBC”, which can just mean they paid for advertising on those venues. They are not local and spend significant money marketing themselves all over the US.
Here’s an example of a marketing video for a tax resolution firm that went out of business. They marketed to those with tax debt of greater than $20,000 and suggested they could reduce their debt to $1,500 or less. After being sued by the FTC and thousands of clients they ripped off, the owners probably still walked away with a substantial amount of money. If you’re in Houston, you may also have heard of Tax Masters. They went out of business and the owner spent jail time for tax fraud, and the clients who went to them were left on the hook. Here are some more examples of resolution firms that have been sued and gone out of business:
– American Tax Relief
– Roni Deutch “the tax lady”
– JK Harris
We get a lot of fallout clients from of companies such as these, but unfortunately for many clients, by the time they come to us they’ve already spent thousands of dollars without any results. In summary: 1.) don’t be persuaded by online marketing, 2.) choose a local tax professional that you can meet with face-to-face to discuss your tax issues, and 3.) if it sounds to good to be true, it probably is.
Unregistered tax preparers. Unregistered tax preparers have no professional certifications and have not been able to demonstrate any sort of tax competence. These tax preparers will seek to maximize your refunds without adequate support in order to get your repeat business. Many will outright steal part or all of your tax refund. While the IRS has been vigilantly trying to shut down these businesses, it’s hard to catch “phantom” unregistered tax preparers who prepare returns but do not sign as the tax return preparer on the tax returns. This makes these individuals hard to detect. If you’ve had your return prepared by someone who did not sign on page 2 of your tax return under “preparer’s signature”, you could end up owing a substantial amount of money to the IRS if false deductions and credits were taken.Within the group of unregistered tax preparers, there are businesses called “notario publicos” or commonly just “notarios“. Notarios prey especially on the Hispanic population and take advantage of immigrants’ poor understanding of U.S. law. They mislead and steal from customers. They will often tell their clients that they are attorneys or CPAs. If you’re unsure of a person’s credentials, you can look up their information as follows:
When you are ready to work with an experienced attorney to put your tax problems behind you, Contact the Law Office of Kunal Patel.
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