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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.

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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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  • Refer your Expert (Intuit's own experts): Maximum of $500 in total rewards for 20 referrals. See official terms and conditions for more details.

  • Refer your Expert (TurboTax Verified Pro): Maximum of $500 in total rewards for 20 referrals. See official terms and conditions for more details.

  • Average Refund Amount: $3,207 is the average refund amount American taxpayers received in the 2024 filing season based upon IRS data as of February 16, 2024 and may not reflect actual refund amount received. Each taxpayer's refund will vary based on their tax situation.

  • More self-employed deductions: based on the median amount of expenses found by TurboTax Premium (formerly Self Employed) customers who synced accounts, imported and categorized transactions compared to manual entry. Individual results may vary.

  • TurboTax Online Business Products: For TurboTax Live Assisted Business and TurboTax Full Service Business, we currently don't support the following tax situations: C-Corps (Form 1120) and entities electing to be treated as a C-Corp, Trust/Estates (Form 1041), Tax Exempt Entities/Non-Profits, returns that require more than 5 state filings, and other issues unrelated to the preparation of a tax return or unrelated to business income/franchise taxes. TurboTax Live Assisted Business is currently available only in AK, AZ, CA, CO, CT, DE, FL, GA, ID, IL, KS, MA, MD, ME, MI, MN, MO, NC, NJ, NV, NY, OH, PA, RI, SD, TN, TX, UT, VA, WA, WV, and WY.

  • Audit Defense: Audit Defense is a third-party add-on service provided, for an additional fee, by TaxResources, Inc., dba Tax Audit. Audit Defense is included at no added cost with business returns filed with TurboTax Live Business (excluding Sole Proprietor). See Membership Agreements at https://www.intuit.com/legal/terms/ for service terms and conditions.

TURBOTAX DESKTOP GUARANTEES

TurboTax Desktop Individual Returns:

  • 100% Accurate Calculations Guarantee - Individual Returns: If you pay an IRS or state penalty or interest because of a TurboTax calculation error, we'll pay you the penalty and interest. Excludes payment plans. This guarantee is good for the lifetime of your personal, individual tax return, which Intuit defines as seven years from the date you filed it with TurboTax Desktop. Excludes TurboTax Desktop Business returns. Additional terms and limitations apply. See License Agreement for details.

  • Maximum Refund Guarantee / Maximum Tax Savings Guarantee - or Your Money Back - Individual Returns: If you get a larger refund or smaller tax due from another tax preparation method by filing an amended return, we'll refund the applicable TurboTax federal and/or state software license purchase price you paid. This guarantee is good for the lifetime of your personal, individual tax return, which Intuit defines as seven years from the date you filed it with TurboTax Desktop. Excludes TurboTax Desktop Business returns. Additional terms and limitations apply. See License Agreement for details.

  • Audit Support Guarantee - Individual Returns: If you receive an audit letter from the IRS or State Department of Revenue based on your 2024 TurboTax individual tax return, we will provide one-on-one question-and-answer support with a tax professional, if requested through our Audit Support Center, for audited individual returns filed with TurboTax Desktop for the current 2024 tax year and, for individual, non-business returns, for the past two tax years (2022, 2023). Audit support is informational only. We will not represent you before the IRS or state tax authority or provide legal advice. If we are not able to connect you to one of our tax professionals, we will refund the applicable TurboTax federal and/or state license purchase price you paid. This guarantee is good for the lifetime of your personal, individual tax return, which Intuit defines as seven years from the date you filed it with TurboTax Desktop. Excludes TurboTax Desktop Business returns. Additional terms and limitations apply. See License Agreement  for details.

  • Satisfaction Guarantee/ 60-Day Money Back Guarantee: If you're not completely satisfied with TurboTax Desktop software, go to refundrequest.intuit.com within 60 days of purchase and follow the process listed to submit a refund request. You must return this product using your license code or order number and dated receipt. Desktop add-on products and services purchased are non-refundable.

TurboTax Desktop Business Returns:

  • 100% Accurate Calculations Guarantee - Business Returns: If you pay an IRS or state penalty or interest because of a TurboTax calculation error, we'll pay you the penalty and interest. Excludes payment plans. You are responsible for paying any additional tax liability you may owe. Additional terms and limitations apply. See License Agreement  for details.

  • Maximum Tax Savings Guarantee - Business Returns: If you get a smaller tax due (or larger business tax refund) from another tax preparation method using the same data, TurboTax will refund the applicable TurboTax Business Desktop license purchase price you paid. Additional terms and limitations apply. See License Agreement  for details.

  • Satisfaction Guarantee/ 60-Day Money Back Guarantee: If you're not completely satisfied with TurboTax Desktop software, go to refundrequest.intuit.com within 60 days of purchase and follow the process listed to submit a refund request. You must return this product using your license code or order number and dated receipt. Desktop add-on products and services purchased are non-refundable.

TURBOTAX DESKTOP DISCLAIMERS

  • Installation Requirements: Product download, installation and activation requires an Intuit Account and internet connection. Product limited to one account per license code. You must accept the TurboTax License Agreement to use this product. Not for use by paid preparers.

  • TurboTax Desktop Products: Price includes tax preparation and printing of federal tax returns and free federal e-file of up to 5 federal tax returns. Additional fees apply for e-filing state returns. E-file fees may not apply in certain states, check here for details. Savings and price comparison based on anticipated price increase. Software updates and optional online features require internet connection. Desktop add-on products and services purchased are non-refundable.

  • Fastest Refund Possible: Get your tax refund from the IRS as fast as possible by e-filing and choosing to receive your refund by direct deposit. Tax refund time frames will vary. The IRS issues more than 9 out of 10 refunds in less than 21 days.

  • Average Refund Amount: $3,207 is the average refund amount American taxpayers received in the 2024 filing season based upon IRS data as of February 16, 2024 and may not reflect actual refund amount received.

  • TurboTax Technical Support: Customer service and technical support hours and options vary by time of year.

  • Deduct From Your Federal Refund: Individual taxes only. Subject to eligibility requirements. Additional terms apply. A $40 Refund Processing Service fee applies to this payment. method. Prices are subject to change without notice.

  • Data Import: Imports financial data from participating companies; Requires Intuit Account. Quicken and QuickBooks import not available with TurboTax installed on a Mac. Imports from Quicken (2022 and higher) and QuickBooks Desktop (2023 and higher); both Windows only. Quicken import not available for TurboTax Desktop Business. Quicken products provided by Quicken Inc., Quicken import subject to change.

  • Live Tax Advice: Access to tax experts to obtain answers to tax questions and to assist with tax year 2024 return(s) prepared with TurboTax Desktop software. Additional fees apply. Must be purchased and used by October 31, 2025. Excludes TurboTax Desktop Business. See License Agreement for details.

  • Audit Defense: Audit Defense is a third-party add-on service provided, for a fee, by TaxResources, Inc., dba Tax Audit. See Membership Agreements at https://turbotax.intuit.com/corp/softwarelicense/ for service terms and conditions.

All features, services, support, prices, offers, terms and conditions are subject to change without notice.

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