When To Hire A Tax Attorney (And When Not To)

Certain tax situations may warrant adequate representation, while there are other situations where the cost of such representation simply isn’t necessary. Here are a few situations where you should definitely be represented, and a few where it won’t be necessary.

  1. If You’re Being Audited

A tax audit can be intimidating, especially since the taxation process is so complex and mostly a mystery to the average taxpayer. A qualified tax attorney, such as those at https://silvertaxgroup.com/, will assist you during the audit process and represent your interests during any tax negotiations. Most importantly, they’ll ensure your rights are respected and proper procedures are followed.

  1. If You’ve Incurred Any Criminal Tax Charges

Certain situations may require the IRS to file criminal charges against you (such as tax evasion). In which case, you will absolutely want representation, as with any criminal charges brought against you.

A qualified tax attorney will review not only the charges brought against you but also the information the IRS has provided to warrant those charges. They will ensure you are represented in a court of law and work with the prosecution to drop or lessen your charges.

  1. During Negotiations With The IRS

The IRS may attempt to negotiate your debt with you in an attempt to bring you into a repayment program. It’s a good idea to have representation during this process for a few reasons. For starters, if you’re unfamiliar with how the repayment processes work with the IRS, you could be persuaded into a program you’re not comfortable with.

Additionally, using an attorney will prevent the IRS from asking inappropriate questions or digging for information that is not relevant to your tax debt. A tax attorney is your expert in tax law, aware of how the process works and how to best serve your tax needs during negotiations.

  1. When Starting A Business

Getting your business taxes right in the beginning can save your newfound business a lot of trouble later on. Consider hiring a tax attorney when you decide to start your business to ensure you’re filing under the proper guidelines and that you are sure of what exactly you’ll be taxed on.

  1. When Buying or Selling A Business

Buying or selling a business can be an exciting endeavor, but to ensure you’re on the right side of the tax laws, you’ll want to hire a tax attorney for the process. The attorney will be able to advise you on the complicated buying (or selling) process. While a business attorney does have some knowledge in these areas, it’s best to involve a tax attorney to ensure adequate representation.

  1. If You’re Leaving Anything To Your Heir(s)

A tax attorney can assist you in figuring out whether or not any gifts left to your heirs are taxable, and how to plan accordingly for these taxes. Generally speaking, the IRS only requires you to file an estate tax if the amount left is over $11 million, but it’s best to speak to a professional anyway to avoid any posthumous surprises for your heirs.

  1. You Won’t Need An Attorney For Simple Filings

If you’re simply filing an extension, you can follow the provided instructions on the IRS website and should be able to navigate the process without the help of an attorney. The IRS has several other forms that are simple to fill out and should not require tax services to do so.

  1. For Simple Negotiations, No Attorney Required

Not all negotiations require a tax attorney. For simple repayment plans or extensions, you should be able to negotiate with the IRS representative. Be sure to only provide information that’s asked for, and be wary of any suspicious or unnecessary questions.


At the end of the day, whether or not you decide to hire a tax attorney is completely at your discretion. You don’t technically need an attorney for any of the situations listed, but it is strongly recommended that you utilize the services of an expert when dealing with legal and financial issues or misunderstandings. These tax specialists will work to ensure you’re not falling prey to any malicious practices and that your rights are respected during any repayment processes.

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