Millions of Americans owe back taxes to the Internal Revenue Service. If you are among them, it’s time to come clean and get tax help before the IRS takes action to collect your tax debt. The best way to come out a winner against the IRS is to arm yourself with a reputable tax professional who will provide effective and experienced legal counsel, and fight for your rights as a taxpayer.
It doesn’t matter why you’re in arrears, whether you’re bad at math, suddenly unemployed, or the victim of an unscrupulous spouse or business partner. The only thing the IRS is interested in is collecting unpaid back taxes or full tax debt owed – however they can. Once they have you in their sight, not only do they want their tax money, but you will be charged penalties and interest that can double or triple your original debt. The IRS may have little interest in your specific circumstances. They are adept at using whatever tactics necessary to hound, threaten and take legal action to collect back taxes owed.
Sounds hopeless, doesn’t it?
It isn’t. A seasoned, ethical tax professional has the training and experience to guide you through this quagmire with your dignity and bank account in good shape. They are intimately familiar with the ins and outs of the 70,000+ page tax code, and their loyalty lies squarely with the client. The government has a big gun in the IRS. You deserve to bring an equally effective weapon when you get called to the OK Tax Corral.
There are many types of tax professionals.
CPA (Certified Public Account) vs. Tax Preparer
You’ve probably gone crawling on your knees to a Certified Public Accountant or tax preparer more than once in April. If so, then you know that these are folks who prepare your taxes correctly (and, one hopes, advantageously) and help keep you out of trouble with the IRS. A tax preparer may have little to no training, or he may be a retired CPA who knows there’s plenty of work during the April rush. However, a CPA is a licensed professional who has fulfilled training and examination and work experience procedures and hopefully is a member in good standing with their state society of CPA’s and state licensing board.
Enrolled Agent
There are also enrolled agents. According to the IRS web site, “An enrolled agent is a person who has earned the privilege of practicing, that is, representing taxpayers, before the Internal Revenue Service. Enrolled agents, like attorneys and certified public accountants (CPAs), are unrestricted as to which taxpayers they can represent, what types of tax matters they can handle, and which IRS offices they can practice before.” Enrolled agents must pass a rigorous examination and have a track record of practical experience.
Tax Attorney
Finally, a tax attorney is a licensed legal professional who understands tax law and taxpayer legal rights. Typically they have a broader and more detailed perspective of your tax problems and other legal problems. In addition to a law degree (JD), many tax attorneys have an undergraduate degree in tax accounting or business. Some tax attorneys also have a graduate degree, such as Master of Laws (LLM), a Master’s in Business Administration (MBA), or specialized accounting certification as a Certified Public Accountant (CPA). They should have extensive experience and connections in order to keep abreast of changes in tax law, federal and state tax policy. Tax attorneys may know the IRS lawyers and IRS agents in your local district and understand the proper legal channels at the IRS locally and federally. They should be members in good standing with their state bar association. They will probably cost the most, but will probably deliver the best results.
If you’ve ever tried to tame your insomnia with late night television, you’ve probably seen commercials for companies promising they will help you negotiate your back tax debt with the IRS for nothing or pennies on the dollar. You may also have heard that some nationally known TV advertisers who handle IRS problems have been investigated and sued by their State Attorney General’s offices for allegedly swindling clients. Fortunately, these national TV advertisers represent the minority of tax professionals. A good tax attorney is worth his or her weight in gold, and there are a lot of ways to separate the wheat from the chaff.
Your State Bar Association has a list of attorneys in your area who are in good standing. However, you need to find those that handle tax matters. If you already have a relationship with a family lawyer or some other kind of attorney, you can ask him or her for a tax professional recommendation. Once you have a preliminary list, go to your state’s attorney general’s web site and the Better Business Bureau and research them. You can also do a general Internet search to see if any of the candidates have specific complaints against them. Ignore the individual flamers; look for patterns of complaint, rather than one or two disgruntled apples. Remember there are two sides to every story.
Contact the tax professional for an initial phone or office discussion to see whether they can and want to handle your unique problem. Ask about their attorney fees. Ask them about their experience and success rate with your type of issue and generally what sort of outcome you can expect.
If they claim they eat the IRS for breakfast and none of their clients ever have to pay the government a cent, run for the hills. You owe the IRS money. Unless you are in a coma or deemed Currently Not Collectible, you will not get off scot free. Make your peace with that. What your tax professional can do is help negotiate for you to pay only what you owe, on terms that hopefully won’t cripple you.
Depending on your particular issue, a good tax attorney or other tax professional can smooth the way to freedom from the IRS. The calls will stop, the collection letters will stop and you’ll be able to sleep through the night again. Normally you can’t buy that kind of peace of mind, but a tax attorney can provide it.
About Jeffrey S. Gartzman, Atlanta Tax Attorney and Certified Public Accountant
Jeffrey S. Gartzman is an accomplished Atlanta tax attorney and CPA who has been practicing tax law in Atlanta for nearly 30 years. He will help you resolve IRS and state tax problems, find tax relief and settle tax debt. Jeffrey S. Gartzman is a former IRS Taxpayer Education Program instructor. He is also an accredited Personal Financial Specialist with the American Institute of CPAs.