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Everything You Need to Know about a Tax Attorney

Written by a TurboTax Expert • Reviewed by a TurboTax CPAUpdated for Tax Year 2024 • October 4, 2024 02:35 PM
OVERVIEW

A tax attorney (or tax lawyer) is an attorney who specializes in the interpretation and application of tax laws and policies. Tax attorneys can perform a wide array of services for their clients, including the preparation and filing of tax returns.

Key Takeaways

  • A tax attorney can provide legal tax advice, draw up necessary legal documents, prepare and file tax returns, represent you in disputes with tax authorities, negotiate with the IRS on your behalf, and more.
  • Tax attorneys can also provide personal wealth management assistance, such as estate planning, creating wills and trusts.
  • Some tax attorneys are also CPAs. They can be ideal for situations that involve both complex accounting and legal matters.
  • There are several online resources that can help you find a tax attorney near you, including directories from the IRS and state bar associations. Getting recommendations from family, friends, or business associates is another effective way to find a local tax lawyer.

Tax law knowledge

Tax attorneys are tax law experts. They’re knowledgeable about tax laws, regulations, and policies established by federal, state, and municipal governments.

Some tax lawyers prepare tax returns for their clients. However, tax attorneys are better known for handling other tax-related matters, such as:

  • representing clients in disputes with the IRS or state tax authorities
  • defending clients against criminal charges for tax fraud or evasion
  • setting up a business
  • advising businesses about the tax implications of various transactions
  • estate planning

In addition, tax attorneys often provide tax planning advice to minimize a client’s future tax bills. They can provide related documents and offer legal tax advice on how to manage your personal wealth. For example, they might provide estate planning advice, draft wills, and create trusts.

Tax attorneys can help clients comply with tax laws and regulations, too. When there are changes to the tax laws, a tax lawyer can also educate their clients on how the changes may impact their tax situation.

Education and background

To become a tax attorney, a person typically must graduate from college and then from law school to obtain a Juris Doctor degree (also known as a J.D.). Many tax attorneys continue their education and earn a master of laws (LL.M.) degree in taxation.

To obtain a license to practice law in the United States, a law school graduate must pass a state bar examination. Once licensed, attorneys also have to complete continuing legal education courses to maintain active bar membership in their state.

In some states, a lawyer must have specialized training in order to market themself as a tax attorney. All attorneys also have to abide by certain ethics rules in order to keep their license.

Attorneys who are also CPAs

Some tax attorneys are also certified public accounts (CPAs). This means that, in addition to satisfying the educational requirements for lawyers, they've also:

  • earned a certain number of college credits in accounting courses
  • passed the four-part CPA exam
  • worked for a certain amount of time under the supervision of a licensed CPA

States generally require CPAs to also complete a certain number of continuing education courses once they’re licensed as well.

Since they’re trained in both areas, tax attorneys who are also CPAs are ideal for situations that involve both complex accounting and legal matters.

Areas of tax law specialty

While all tax attorneys have a solid understanding of tax law, some choose to specialize in specific areas of tax law to better serve their clients’ needs. Here are a few of the more common specialties for tax attorneys.

Individual taxation. Lawyers who specialize in this area of the tax law help people with tax planning and filing tax returns, particularly with regard to income tax, estate and gift tax, and retirement planning.

Corporate tax law. Tax attorneys in this field help corporations with tax planning and compliance. They handle issues related to mergers and acquisitions, executive compensation, international tax, and more.

International tax law. Attorneys who deal with international tax law often focus on the tax implications of cross-border transactions. This involves issues relating to transfer pricing, foreign investments, tax treaties, and the like.

Estate planning. Many tax attorneys concentrate on helping clients minimize estate and gift taxes. They use strategies such as trusts, gifting, and charitable giving to achieve this goal.

Tax controversies. Tax lawyers who focus on tax controveries represent clients in disputes with the IRS or state tax authorities. They handle audits, appeals, and courtroom litigation.

State and local taxation. Attorneys who specialize in state and local taxes typically handle issues related to income tax, sales tax, property tax, and tax incentives for businesses.

Employee benefits and executive compensation. This area of tax law revolves around the tax implications of employee benefits and executive compensation plans. Attorneys who specialize in this type of law frequently deal with retirement plans, stock options, and deferred compensation.

Tax policy and legislation. These lawyers work with government agencies, corporations, and other organizations to shape tax policy and legislation at the local, state, and federal levels.

Protecting a client's rights

A tax attorney can help protect your rights and negotiate with the IRS on your behalf. With their in-depth understanding of the tax law, tax attorneys are well suited to act as a go-between with their clients and the IRS. They can be particularly skilled at:

  • challenging IRS rulings in court
  • settling back taxes
  • halting wage garnishment
  • undoing property liens
  • removing account levies
  • negotiating compromises with the IRS

If the IRS has assigned an agent to your case, it usually means the tax agency is close to taking action against you. If you don’t already have a tax attorney, this is a clear sign that you might want to contact one for IRS representation.

TurboTax Tip:

You have the right to have a tax professional – such as an attorney, CPA, or enrolled agent – represent you when dealing with the IRS. If you can’t afford representation, you can seek assistance from a Low Income Taxpayer Clinic

How to find a tax attorney near you

Finding the right local tax attorney can be crucial for resolving tax-related issues. Try leveraging online resources to start your search for local tax lawyer assistance. A simple internet search for "tax attorney near me" will usually provide a list of local professionals along with their contact information and reviews.

The IRS also has an online directory of federal tax return preparers – including attorneys – who hold professional credentials recognized by the tax agency. Websites like Avvo, Martindale-Hubbell, and the state bar association directories can provide additional information about an attorney’s specialization, experience, and client reviews. These online tools can help you make a more informed decision.

Another effective way to find local tax lawyer assistance is through recommendations from friends, family, or business associates who have faced similar tax issues. Personal referrals offer firsthand insights into the quality of services and professionalism of a tax attorney.

Once you have a short list of potential candidates, schedule a meeting with each one to discuss your case and evaluate whether the attorney is a good fit for your needs. During these meetings, ask about their experience with similar cases, their approach to handling tax issues, and their fee structure.

Before hiring an attorney, it’s also a good idea to verify their credentials with the state bar association. If your state has special requirements for lawyers who hold themselves out as a tax attorney, the bar association can tell you if an attorney has completed all the required steps.

Have a tax law expert by your side

Having a tax attorney by your side can be incredibly valuable if you need legal tax advice or run into a tax problem. They can help you comply with the law, plan ahead to minimize future tax bills, and deal with the IRS.

For tailored tax advice, you can also talk with a local tax expert with TurboTax Live Full Service who is ready to assist you in your specific tax situation.

Whether you want an expert to do your taxes from start to finish, or expert help while you file on your own, TurboTax has expert-backed offerings to meet your needs. With TurboTax Live Assisted, our tax experts help you complete your taxes, fix any mistakes, and explain what's next.

Or, with TurboTax Live Full Service, a local tax expert matched to your unique situation will get your taxes done 100% right - as soon as today.

Whichever plan you choose, you'll get you taxes done with 100% accuracy and your maximum refund, guaranteed.

Taxes done right,
with experts by your side
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Get unlimited advice, an expert final review and your maximum refund, guaranteed.

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~37% of filers qualify. Simple Form 1040 returns only (no schedules except for Earned Income Tax Credit, Child Tax Credit and student loan interest).

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The above article is intended to provide generalized financial information designed to educate a broad segment of the public; it does not give personalized tax, investment, legal, or other business and professional advice. Before taking any action, you should always seek the assistance of a professional who knows your particular situation for advice on taxes, your investments, the law, or any other business and professional matters that affect you and/or your business.

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Examples of situations included in a simple Form 1040 return (assuming no added tax complexity):

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  • Child Tax Credit (CTC)
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Examples of situations not included in a simple Form 1040 return:

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  • Unemployment income reported on a 1099-G
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