when do you need a tax lawyer instead of an accountant

by Helga Abbott 10 min read

If you are facing an audit with the potential for harsh penalties, a tax attorney would be the better choice due to their negotiation skills and intimate knowledge of legal principles and case law. Tax attorneys also offer one major benefit that a CPA does not — confidentiality.

What can a tax lawyer do for a business?

A tax lawyer can advise your business on major decisions like whether to switch to an S-Corp from an LLC. They can also point out the potential liabilities and any overall structure protections. Their law license then allows them to complete the legal documents needed to make things happen.

What is tax lawyer?

A tax lawyer is a legal professional who graduated with a law degree and specialized in the very complicated world of tax law. A tax attorney must pass the bar in the state they wish to work just like any other lawyer. But what does a tax attorney do?

How many small businesses get audited every year?

The most common fear is an audit, but that does not happen as often as you would think. Only about 2.5% of small businesses in the United States get audited every year.

When is the right time to hire a CPA?

When Hiring a CPA is the Right Choice. The best time to hire a CPA is when you’re not dealing with any formal legal issues or extra-complicated tax matters. Choose a CPA when creating a basic financial plan for your business, or for your personal finances.

Is Liberty Tax a CPA?

The tax prep people you see generic chains like Liberty Tax or Block Advisors are generally not CPAs. However, they both provide similar tax services like: A CPA helps greatly with complicated business tax situations, especially when you have a lot of money coming in and going out.

Can a CPA do everything?

Trying to decide between hiring a tax attorney or a CPA? It depends on your business’s tax situation. Keep in mind that a tax attorney can do basically everything a CPA can do. But they also have the legal background and license to address court-based matters.

Do accountants fill out Canadian tax returns?

Preparing tax forms and Canadian tax returns is what accountants are trained to do and they are the only ones who should fill out returns for their clients. Lawyers lack the expertise to prepare tax returns and should not do so and are probably not insured if they make a mistake. Lawyers who offer to prepare tax returns for their clients as part of a package of legal services such as a voluntary disclosure are doing their client a mis-service. Clients should insist that all tax returns be prepared by professional accountants.

Is a tax lawyer better than an accountant?

However in some cases tax lawyers are better able to serve their clients, and in others accountants are better able to act.

Do accountants go to tax court?

If you are going to Tax Court you need to have a litigation tax lawyer. While accountants can represent their clients in some Tax Court of Canada cases, they should not do so. Appearing in Tax Court is a purely legal activity, one for which Canadian tax lawyers have been specially trained and accountants have not. An accountant who offers to represent a client in tax court is not properly serving the taxpayer, and may not be insured in the case of a claim by the taxpayer that the case was mishandled.

Is Edmonton tax lawyer better than accountant?

However in some cases Edmonton tax lawyers are better able to serve their clients, and in others accountants are better able to act.

What is an accountant?

Accountants are also tasked with examining business expenses and reviewing employee travel expenditures, and they may also be responsible for staff payroll, including processing and ensuring that all reports and tax remittances are made by the deadline.

What is the best person to use for business taxes?

However, many small business owners find themselves in a bind when they try to prepare business taxes for the first time. A CPA is the best person to use when it comes to preparing taxes since they have familiarity with complex tax laws that accountants generally lack.

What is a bookkeeper?

Bookkeepers are responsible for recording financial transactions into an accounting software application or a manual accounting ledger. Accountants often perform some of the same tasks as a bookkeeper, but their expertise is usually more advanced than Accounting 101.

What is the role of a CPA?

The expertise of a CPA can also be helpful in the early stages of your business by providing advice and guidance on everything from initial business structure to asset purchase and depreciation methodology.

What can a CPA do for a business?

If you're starting out: A CPA can assist with the big picture and also provide guidance on business structure. If you’re being audited: A CPA can assist with the audit process. They can also represent you in front of the IRS.

Why is a CPA important?

However, a CPA can be an important resource for other aspects of your business, which can include in-depth financial statement analysis and internal and external auditing, as well as tax planning and tax preparation. The expertise of a CPA can also be helpful in the early stages of your business by providing advice and guidance on everything ...

Is a CPA a fiduciary?

The American Institute of Certified Public Accountants (AICPA) has stated that a CPA is not legally a fiduciary, but by following the AICPA Professional Code of Conduct, a CPA is expected to treat clients with objectivity, integrity, and truthfulness while remaining free of conflicts of interest.

Do accountants need to be registered?

Choosing the right accountant. An accountant needs to be a registered tax agent to complete your tax return. You can check if they're legit online using the tax and BAS agent register.

Is it important to keep your debt in check?

While it might feel like a burden, taking on debt to study often pays off in the long run. But it's still important to keep your debt in check. Read more. There's a reason that even when an accountant does your tax return, you are required to sign off.

Is it scary to do taxes?

If you are doing your tax for the first time, it's likely to be pretty simple, despite what you might have heard. " Doing your taxes is often portrayed as a very challenging — and potentially scary — thing, so it is understandable that a young person may feel overwhelmed," says Kathrin Bain, lecturer at UNSW's School of Taxation.

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