I recently posted a response to a Business Audit question on Lawyers.com. I am happy to share the question and response on the blog as well:

Question: “I own a business here in Connecticut and I was audited; I do not have the money and the business is not doing well; can I close the business and if I do, I have nothing, will I be held for those taxes? The business is a LLC.”

Answer: You can shut down the business but that may not end your tax obligations with the IRS or state of Connecticut. The IRS or Connecticut may or may not pursue the business for the tax liability or may or may not asset a Trust Fund Recovery Penalty TFRP against you as an individual. THE TFRP is a penalty imposed on individuals who have financial control over the business. Specifically it is designed to penalize those who had control over the decision of where to divert assets to other creditors rather than paying IRS or Connecticut payroll taxes. The actual penalty imposed is equal to the income taxes, social security taxes, and Medicare taxes withheld from employee paychecks. If nothing is done during the audit, the IRS will likely disallow all expenses and may or may not adjust income depending on the specific facts and circumstances surrounding your audit. Fortunately, there are mechanisms for helping taxpayers try to resolve their liabilities. It may be possible to pursue a settlement agreement to compromise the tax liability for an amount less than you currently owe. It may be possible to seek a penalty waiver to reduce the penalties on some or all tax periods.  Additionally, it may be possible to enter into a payment arrangement to make monthly payments until the balance is paid in full. It might also be possible to pursue Bankruptcy.

“He can run, but he can’t hide,” said legendary boxer Joe Louis. Louis was talking about a sports opponent, but he could have been referring to his battle with the Internal Revenue Service. Louis knew all about having tax troubles. He made the mistake of not hiring a top flight tax lawyer. He trusted the wrong people to handle his finances and spent most of his adult life being hunted by the IRS.

If the IRS thinks you owe them back taxes, they have a number of unsavory tactics that they will use to intimidate you into compliance. Without the defense of a first class tax attorney, they will flood you with collection calls and letters, empty your bank and retirement accounts (including those of anyone else that your name is on), attach tax liens and levies, shut down your business, hound you in person at your home or office or even send you to prison.

If you are in a back tax debt situation and need help getting out of it, it is critically important to be proactive and get the professional help of the best tax attorney in Atlanta. You may think you can’t afford to pay for this kind of help, but you can’t afford not to. The US tax code and tax regulations are the same size as a set of encyclopedias. Have you memorized it? Your tax lawyer has, and he or she is going to put every last line of it to your defense.

It is always better to be proactive and approach the IRS before they start taking punitive action against you. If you know Uncle Sam might be gunning for you, now or in the future, you want to get your ducks in order ASAP. Atlanta’s best tax attorney will get you the tax relief you need to minimize the damage. They may be able to negotiate away some or all of the hundreds of penalties the IRS loves to heap on back tax victims who are already struggling to pay the original debt.

Wouldn’t it feel good to be able to sleep through the night again, or be able to pick up the ringing phone in front of other people? Atlanta’s tax attorneys are the best chance you have of getting your financial house back in order. Call a tax lawyer today at (770) 939-7710 and reclaim your life.

For my clients in Atlanta, tax relief from a tax attorney is the last hope for getting out of an unfortunate situation with IRS tax debt. You can avoid IRS trouble by learning from these common mistakes that lead to owing back taxes.

Think of the IRS as your prickly Aunt Mildred who is always correcting your grammar and criticizing your fashion choices. It may feel like they are just waiting for you to slip up, so they can swoop in and disrupt your life with an IRS tax audit. Atlanta tax attorneys agree that the best defense is not to give them any ammunition in the first place. There are some cut-and-dried tax help steps you can take to make sure you stay in the IRS’s good graces. (You’re on your own with Aunt Mildred.)

Meet the deadline. If you can’t get all your paperwork together by April 15th, don’t hide under a rock and assume the nice federal agents won’t be able to find you. Buy yourself some time by going online and submitting Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return by the regular deadline. If you can’t do it, ask for tax help from an Atlanta tax attorney or CPA.

Pay on time, even if only in part. Even if you filed an extension, you still have to pay what you think you owe. If you can’t make the complete payment on April 15th, pay as much as you can. The IRS will still eventually dun you for fees and interest (an Atlanta tax lawyer can help you get IRS tax help), but they won’t take as dim a view as they would if you tried to get away payment-free.

File a return. If you don’t, Atlanta tax lawyers will tell you that the IRS will do it for you, and it will reflect the government’s best interests, not yours. You can always file an amended return down the line.

Keep copies of everything. The IRS manages the taxes of hundreds of millions of people and companies, the law of averages says that some things are going to slip between the cracks. Make sure it’s not you by keeping copies of all pertinent paperwork. If the IRS knocks on your door with a smile, you want your Atlanta tax attorney to be able to help on your behalf.

Double-check your math. According to the Treasury Department, self-filers have an error rate as high as 61 percent. Even tax preparation software is better than doing it on your own. There is less room to make mistakes and it will prompt you to ensure you have pursued every avenue to deductions. Better yet, have your Atlanta CPA or tax attorney help prepare income tax returns for you.

Don’t cheat. Did you know that the IRS is already in possession of your W-2 and other information? If they find discrepancies, you’ll have some explaining to do, and they’ll be less likely to give you IRS tax relief. Then you will really need an Atlanta tax lawyer.

If the IRS is making your life miserable with threats and harassment, a reputable Atlanta tax attorney is your best shot at tax relief. An expert in tax resolution, he or she will walk you through the best options to try to fix your IRS tax problems, find tax relief, and settle tax debt, tackle IRS tax disputes, settle back taxes and resolve tax debt, tax audits, tax appeals, and tax liens and levies with effective legal counsel.

While most people quake at the thought of taking on the IRS, Atlanta tax lawyers are the specialists you need to successfully handle your tax audit or appeal and settle your tax debt for the lowest amount in full compliance with the tax laws.

Your professional Atlanta tax attorney should have years and years of experience dealing with the IRS, and coming out a winner. He or she will know the ins and outs of the tax code and use it to get you tax relief.

Whether you have a problem with Georgia state tax resolution, settling back taxes and IRS debt, tax appeals, tax liens or levies, your Atlanta tax lawyer will bring you top-notch legal and tax counsel. They will walk you through the best legal course of action, examining the details of your unique situation and bring palatable options to resolve your tax problems including an IRS appeal, Offer in Compromise, setting up an IRS payment plan, or bankruptcy tax review.

The best Atlanta tax attorneys assist clients with innocent spouse relief, bankruptcy discharge of tax review, and payroll tax problems. They will provide keen guidance in preparing federal income taxes and Georgia state tax returns, minimizing taxes, and tax planning aimed at the best outcome for individual or corporate taxes. They might even offer to perform an IRS Audit Exposure Review to determine your chances of surviving an IRS audit, and then thoroughly lay a course of action for preparation.

If you have problems with the IRS, call an Atlanta tax lawyer now. You have too much to lose. Contact Jeffrey S. Gartzman at Gartzman Law Firm at 770-939-7710 and get an experienced Atlanta tax attorney on your side.

If you needed surgery, would you attempt to do it yourself? An IRS tax audit is just as critical for your tax, financial and business wellbeing, so don’t go it alone.

Ask anyone who has tried to “DIY” the audit process unsuccessfully: The IRS has been far more aggressive in tax audits and collection efforts in recent years. Taxpayers are not guaranteed flexibility from the IRS. Learn from my Atlanta tax relief clients who have found tax help with expert tax attorney representation, even at the eleventh hour with an IRS audit.

It’s never too late to hire an Atlanta tax attorney

If you receive notice from the IRS that you’re being audited, representing yourself can be dangerously inefficient and close doors on key opportunities that your tax attorney will understand from the start.

A textbook example is the taxpayer who either ignored the IRS audit notice or dealt with the IRS auditor alone. Take advice from my Atlanta tax relief clients who tried an IRS audit alone and wish they hadn’t.

IRS audit lessons you don’t want to learn the hard way:

• They missed the opportunity for an administrative appeal and are left with hard choices, like tax court or IRS tax debt with no way out.
• The IRS auditor found their tax and financial records were incomplete or too disorganized.
• The process was confusing because they didn’t speak the tax lingo of the IRS auditor.
• Staggering interest and penalties were accumulating the entire time they ignored or delayed the tax audit.
• They don’t know of or understand their legal and financial options for surviving an IRS audit or the tax audit follow-up process.
• They get stung with a large assessment for several years of previous tax returns, unfiled taxes, or back taxes – not just the year for which they were being audited.

If you find yourself at the brink of an IRS audit failure, a tax attorney can intervene and provide tax help in many critical ways. As your tax attorney, my job is to interface with IRS personnel on your behalf.

Last minute tax representation is always better than none. However, you have a significantly better chance to successfully navigate an IRS audit if you get a tax attorney on your side the minute you learn you’re being audited.

Jeffrey S. Gartzman, Atlanta Tax Attorney and CPA, has been providing Atlanta tax relief for over 28 years. If you are facing an IRS audit, contact Gartzman Tax Law to get a tax attorney on your side immediately. Call the Gartzman Law Firm today at (770) 939-7710.

Small business owners are targets for a record year of increasing IRS tax audits. If you are an Atlanta small business owner, you probably have an accountant and an attorney on speed dial. But if you don’t have an Atlanta tax attorney who specializes in business taxes, you could get eaten alive by the IRS.

Are you filing as the right business entity?

I see it happen every year: a small business owner with LLC status files business taxes as an S-corporation. To file as an S-corporation, a business owner must first elect to be taxed as an S-corporation, and some accountants and attorneys can overlook this tax law detail. If you don’t file this election, you will inadvertently set yourself up for IRS tax problems like back taxes. As a last attempt at tax relief, your tax attorney might work with the IRS to recognize S-corporation status retroactively.

Whether you are facing IRS collection efforts of business back taxes, or you’re questioning whether you’ve filed income taxes correctly, an experienced tax attorney and CPA can help you by:

• Filing or reviewing your state and IRS income taxes correctly
• Interfacing with the IRS collection agents, auditors, or IRS attorneys so you don’t have to
• Taking control of an IRS collection effort or IRS tax audit and guiding you through the process efficiently
• Explaining the options and opportunities you have for business tax relief – that you might not be aware of or capable of pursuing without tax representation

Small business owners need tax law specialists

Your small business is your entire financial foundation. Dealing with back taxes, IRS collection efforts, or an IRS audit without a tax attorney may be like trying to ride out a hurricane without shelter. Learn more about what to expect during an IRS tax audit in my post on How to Survive an IRS Tax Audit.

Accountants are specialists who work hard to bring order to your finances and present your business bottom line. But if your accountant is your only source of tax information, hire a tax attorney for tax law expertise and to negotiate on your behalf with the IRS. It’s your job to focus on your business, and a tax attorney and CPA will handle business tax returns or IRS audits the right way to minimize impact to your operations.

An Atlanta tax attorney can provide tax help to small business owners to meet IRS deadlines, make sure you don’t miss opportunities for a tax appeal, and to try to waive penalties or decrease the amount of penalties and interest that could break the bank.

With combined expertise as an Atlanta tax attorney and CPA, Jeffrey S. Gartzman offers Atlanta small business clients the legal counsel and sound financial advice they need to survive IRS tax problems. If you need small business tax help, contact the Gartzman Law Firm today at (770) 939-7710.

You got the audit notice from the IRS. What now? You can survive an IRS tax audit with tax help from an experienced tax attorney. Take action by hiring a tax attorney to organize the process and tell you exactly what documentation, tax records, and other data are needed.

Here’s how your Atlanta tax attorney will support you during the IRS tax audit process:

• Make a clear assessment of what the IRS is looking for in your audit
• Help you get your financial and tax records organized
• Advocate on your behalf with the IRS to minimize any damage in the audit
• Ensure your rights as a taxpayer

What to expect during an IRS tax audit

If you’re being audited, follow these 3 simple steps: Stay calm, get a tax attorney on your side, and gather the right documentation.

When you meet with your tax lawyer, present your tax audit letter from the IRS and tax return documents from the audited year. Be aware than an IRS audit could turn into tax problems down the road. The IRS will often look at your tax returns from the year prior and year after.

Based on your letter and tax records, your Atlanta tax attorney will tell you which documents to gather for audit preparation. Your tax attorney will explain how to get documents organized and what kinds of additional information the IRS is looking for – such as who prepared your tax returns, how your expenses were paid, what cash was received, and other personal data.

How an Atlanta tax attorney helps you

The advantage of working with a tax attorney is that you may never have to interact with the IRS. Once the audit documentation is prepared, your tax attorney meets with the IRS. The time it takes for these meetings can mean entire lost days from work, family, or business – without a tax attorney.

Attorney-client privilege is another significant benefit of hiring a tax attorney for IRS tax problems. If an IRS tax audit turns into something more serious, like a tax fraud investigation, your tax attorney can protect your rights and legally maintain confidentiality.

After your audit case is reviewed the IRS will submit a report with their tax audit findings, and notify you of a refund or liability. Further negotiations may be needed, and your tax attorney can help with additional legal action – such as an IRS appeal.

Work toward a favorable IRS audit outcome by getting an experienced tax attorney and CPA on your side. They will apply best practices to expertly guide you through the tax audit process from start to finish and intervene on your behalf with the IRS.

Get prepared and take the surprise out of an IRS tax audit

Don’t wait around for an inconvenient and disruptive IRS tax audit. Get an IRS Audit Exposure Review to determine your chances of surviving an IRS audit, and then thoroughly lay a course of action for preparation. Studies show that individuals and businesses that perform an IRS Audit Exposure Review on an annual basis are much more likely to navigate an IRS income tax audit in their favor. Your tax attorney will know what kind of financial and business events, expenses, and deductions are known audit-triggers, and we will help prepare you to avoid or prevail over an IRS tax audit.

Atlanta tax attorney and CPA Jeffrey S. Gartzman has provided tax help to hundreds of clients facing an IRS tax audit. He approaches a tax audit efficiently and methodically, and will help you get organized to survive IRS scrutiny. Don’t delay getting the tax relief you deserve from IRS tax problems. Contact Gartzman Law Firm today at  (770) 939-7710  for expert guidance and legal representation during an IRS tax audit or settling tax debt.

When you owe the IRS back taxes or you’re facing tax debt, a common reaction is to avoid the IRS out of fear or confusion. People may think they can’t afford to pay their back taxes, so what difference does it make? If you don’t take action to get tax resolution, you can lose rights you may not realize you have and accumulate significant interest that makes the situation much worse.

You have the right to an appeal

Taxpayers who receive a notice from the IRS that they owe unpaid taxes may have the right to file for a Collection Appeal Procedure or a Request for a Collection Due Process hearing of the IRS findings. If you don’t act before the IRS does, they will make an assessment of your owed back taxes and start collection action right away. This puts you at risk for liens, levies on your wages of bank accounts, seizures of property, and shutting down your business. Your tax attorney can review your appeal rights, intervene on your behalf, and walk you through the appeal or hearing process.

File your own taxes – don’t let the IRS do it for you

Sitting on your unfiled tax returns is like inviting the IRS to file them for you. If the IRS files your return – called a Substitute for Return (SFR) – the results are almost guaranteed to be unfavorable for you. Fighting the SFR is time consuming and takes considerably more effort than getting IRS tax help from the start. Getting help from a tax attorney means they will intervene with the IRS and file a tax return based on your actual tax information.

Avoid back tax interest and penalties

Another advantage of getting tax help right away is that you can avoid accumulating significant interest and penalties on your tax debt. Hire a tax attorney to face your IRS problems and you could avoid the headache and increased debt that avoidance will likely cause.

A tax attorney will help you with solutions to IRS tax debt, like installment plans, payment options, Offers in Compromise, the proper legal procedures, and – most importantly – educating you about your legal rights as a taxpayer.

Jeffrey S. Gartzman is an Atlanta tax attorney and CPA who has been helping people in Atlanta resolve tax problems since 1982. He specializes in tax law and will expertly represent you during an IRS appeal procedure and in dealing with IRS problems. To get the tax help you need, contact The Gartzman Law Firm today at (770) 939-7710.

In the 28 years that I’ve been helping individuals and businesses who are facing IRS tax problems and tax debt, I’ve learned there is a simple and direct approach to getting the tax help you need.

Whether a taxpayer is facing an IRS audit or paying back taxes, you can do these three things to get tax help:

#1: Hire a professional as soon as possible
The longer you wait, the deeper the hole. Get tax relief help from a tax attorney, CPA, or other tax professional. There are significant benefits to working with a tax attorney and CPA, such as the knowledge base and IRS connections to get you through the entire tax relief process from start to finish.

#2: Get organized
If the IRS is after you, getting your tax data and information in one place is necessary, not optional. A tax professional or tax attorney can walk you through this process and tell you what files, receipts, and other data are required.

#3: Bring your official notice
Be sure to retain any and all or notices sent to  you by the IRS or state tax revenue department. Bring these notices to your tax attorney or CPA so they understand what you’re facing.

No matter what tax debt situation you face, or how critical a taxpayer perceives their situation to be, the best way to find the tax help you need is to hire expert guidance.

Move forward and don’t sit in your tracks! Tax problems don’t go away on their own, and not all tax professionals are the same. Bring your tax debt case to someone who helps with IRS tax relief on a daily basis and understands all routes and procedures.

Jeffrey S. Gartzman is an Atlanta tax attorney and CPA who has been helping people find tax relief for over 28 years. He will help you resolve IRS and state tax problems, find tax relief and settle tax debt. Mr. Gartzman is an accredited Personal Financial Specialist with the American Institute of CPAs. To get the tax help you need, contact The Gartzman Law Firm, P.C., today at (770) 939-7710.