How to Hire a Tax Attorney

Before you hire a tax attorney, it’s important to understand why you need a lawyer. From that point, you can look for one who specializes in solving your specific area of need. Whether you’re facing an IRS tax issue, business tax and employment tax issues, or require estate planning help, a tax specialist is the most qualified to assist you with the legal aspects.

Basic Tax Attorney Qualifications

In addition to holding a Juris Doctor degree, a tax attorney often also receives a Masters of Laws (LL.M) degree specifically in taxation. They must be admitted to the local state bar, and may be licensed to practice in several states. If you need a lawyer to represent you in the U.S. Tax Court, they must be admitted to appear before that specific court.

Tax Attorney Specializations

Although most people consider consulting a tax lawyer when they’re facing an IRS audit or have a dispute with the IRS, an attorney can also be the most appropriate person to contact for other issues.

Estate Planning: If you need a will or a trust, look for an estate planning attorney who is also a tax attorney. They will be able to set up the trust in a way that offers the best tax treatment for your estate and protects your heirs.

Small Business Taxes: Many small businesses rely on their accountants for tax advice, but some accountants are not aware of the intricacies of the tax code, which changes every year. A tax lawyer

keeps abreast of those changes and can discern whether state law or federal law applies to a specific issue. If you operate an international business, they can also offer guidance about issues relating to tax treaties.

Employment Tax Issues: Employment tax regulations are very complicated. Rather than an accountant, you should consult a lawyer for advice related to paying employees and contractors.

IRS Issues: If you’re involved in a dispute with the IRS, a tax attorney is the most qualified to argue your case. They may be able to have liens removed, negotiate IRS settlements, or argue your case in the US Tax Court.

Considerations when Choosing a Tax Attorney

Finding a lawyer is easy. Finding a qualified lawyer can be difficult. When looking for a tax lawyer, consider the following factors:

Referral from a friend, your personal attorney, or your accountant
Member of the state Bar
LL.M degree
Specialization in your area of need
Extensive experience in their specialization
Clear rate schedule
Admitted to appear before US Tax Court, if you have IRS issues
Experience negotiating with the IRS, if you have IRS issues
Realistic explanations of what they’ll do for you, what they expect from you, and the outcome you can reasonably expect.

It’s important to choose your tax attorney as carefully as you would your accountant. Take your time interviewing attorneys until you find a qualified attorney you feel comfortable with.