Tax Attorney vs. CPA: What's the Difference?
Tax attorneys and CPAs are two different, but similar, professionals who can help you with taxes and financial planning. Learn what each one does, when you might call on them for help, and how to find a CPA or tax attorney near you.
Key Takeaways
- Whether you should hire a CPA or tax attorney to handle a tax matter depends on your particular set of circumstances and the type of assistance you need.
- A CPA is typically better than a tax attorney if you need help with the business and accounting side of taxes, such as filing tax returns, finding deductions and credits, accounting, and providing tax and financial planning advice.
- Tax attorneys are usually better than CPAs if you need legal advice, representation in court, estate planning, and trust documents.
- When hiring a CPA or tax attorney, look for someone who specializes in an area that meets your needs and with whom you can communicate effectively and trust.
CPAs and tax attorneys
Certified public accountants (CPAs) and tax attorneys are both uniquely qualified and trained professionals that can help you with taxes and financial matters. Deciding which to hire depends upon your particular set of circumstances and the type of assistance you need. This article will help you understand the education and training these professionals receive and how they can best help you.
CPA education and training
Accountants, bookkeepers, and other tax preparers aren't required to undergo the same amount of training, education, or testing as a professional who is a CPA. The first step in becoming a CPA is to earn a college degree, typically in accounting or another business-related field (although a certain number of credits in accounting is usually required).
CPAs also have to complete 150 hours of college coursework, which is typically 30 hours more than most bachelor's degrees require. This often means that CPA candidates either complete five years of college courses with at least 30 hours at the graduate level, or they complete a master's degree.
On top of the college education, CPAs in all U.S. states must also pass a four-part CPA exam. The test has a high degree of difficulty and breadth of subject matter, and applicants have to pass all four parts of the exam within a 30- or 36-month period (depending on the state).
Additionally, CPAs in most states also need to gain a certain amount of experience under the supervision of a licensed CPA. Then, once they’re certified, each state requires CPAs to continue their training with continuing education courses.
CPAs who are members of the American Institute of Certified Public Accountants (AICPA) are also required to follow the organization’s Code of Professional Conduct or risk losing their license. In addition, certain state CPA societies and state boards of accountancy have incorporated all, or parts, of the AICPA’s code into their own rules of conduct.
Tax attorney education and training
Tax attorneys also have to go through a rigorous process to earn a license to practice law. Candidates generally must first obtain a four-year bachelor's degree. Any major will do, but a degree in accounting or business could be particularly helpful.
Then it’s off to law school to earn a Juris Doctor degree (J.D.), which typically takes three years to complete. After law school, tax attorneys have to pass their state's bar exam, which is typically a two-day test. If they pass the bar exam, they become members of the state bar association and are authorized to practice law in the state.
Licensed attorneys also have to complete continuing legal education courses to maintain active bar membership in their state. Some state bar associations also have special rules regarding who can advertise themselves as tax attorneys. In addition, attorneys have to abide by various rules and regulations – including rules on ethics – or risk having their license to practice law revoked.
Tax attorney vs. CPA: Choosing who to hire
Choosing between a CPA and a tax attorney for your tax needs can be challenging. Both can be a valuable resource, especially when it comes to navigating the complexities of tax laws.
One reason why it’s sometimes difficult to choose between a CPA and a tax attorney is because they have many overlapping capabilities. However, while both are well-equipped to handle certain tasks, it's important to recognize that each has unique strengths.
For instance, while CPAs are typically more focused on financial and accounting issues, tax attorneys bring legal expertise that can be crucial for dealing with complex legal issues, litigation, and more nuanced regulatory compliance. Depending on your needs, you might find one more suitable than the other. In some cases, you might even benefit from working with both.
Hopefully, the following discussion will help you determine if you’re likely better off with a CPA or a tax attorney for your particular tax needs – or, perhaps, if both can help.
Tasks that can be done by both CPAs and tax attorneys
Let’s start by taking a quick look at some of the things that both CPAs and tax attorneys can do for you.
Tax return preparation and filing. While CPAs are known more for preparing and filing income tax returns, some tax attorneys also provide this service – particularly in complex situations or for people with a high net worth.
Tax planning. Both CPAs and tax attorneys can help you and/or your businesses with tax planning that minimize future tax bills. This includes providing guidance on the timing of income and deductions, investment strategies, structuring transactions to be tax-efficient, and more.
Representation before the IRS. Both tax attorneys and CPAs can represent taxpayers in audits, appeals, and other proceedings before the IRS. In addition, both can communicate with IRS agents on behalf of their clients, help gather necessary documents and negotiate settlements.
Business consulting. Tax attorneys and CPAs often provide consulting services to businesses, helping them to understand the tax implications of various decisions. This can include advice on mergers and acquisitions, business formation, and dissolution.
Estate and trust planning. Both tax attorneys and CPAs can play roles in estate and trust planning, helping to structure estates to minimize tax burdens and ensure that assets are distributed according to the client's wishes.
Record keeping and documentation. CPAs and tax attorneys can both advise on best practices for keeping good tax records and documents, which is crucial for both compliance and audit defense.
Providing tax education. Tax attorneys and CPAs can both offer training and education to clients – whether individuals or businesses – on important tax topics, helping them to better understand their obligations and opportunities.
When a CPA might be a better choice than a tax attorney
CPAs are particularly good at handling financial record-keeping, tax filings, and providing comprehensive financial advice. Generally speaking, they’re typically a great choice if you’re dealing with broad financial issues. CPAs are also good at handling routine tasks required under settled law – it’s usually when you’re faced with a complex or unsettled legal question that CPAs might not be the best option.
Having said that, here are some examples of tax-related issues that might be better handled by a CPA instead of a tax attorney.
Tax return preparation. CPAs are generally better suited for preparing and filing income tax returns. They have extensive training in accounting and tax preparation, making them well-equipped to handle both personal and business returns. They’re also capable of filing tax returns for multiple jurisdictions. Plus, a CPA is usually a more cost-effective choice for tax preparation and filing.
Tax and financial planning. Many CPAs provide a wide range of financial planning services, including tax-efficient investment strategies and retirement planning. Compared to tax attorneys, CPAs are generally better equipped to handle these tasks because they're trained in all aspects of accounting and finance, allowing them to better grasp the financial implications of different tax strategies.
Initial representation before the IRS. In certain situations, a CPA might be better equipped to communicate with the IRS on your behalf – particularly if it relates to a return prepared by that CPA. For example, if the IRS flags your home office deduction for verification, the CPA who prepared your return will have all the necessary documents and can efficiently handle the inquiry. CPAs can also handle tax return corrections and provide explanations for discrepancies that may arise during an audit.
Identifying tax credits and deductions. CPAs are often better suited for identifying tax credits and deductions than tax attorneys. This ability stems from their specialized training, practical experience, and holistic approach to financial management and tax compliance, which enables them to identify tax-savings opportunities that might be missed by someone with a narrower focus on legal issues.
General tax compliance and reporting. In most cases, a CPA is probably better at helping you comply with federal, state, and local tax laws impacting your business’s day-to-day operations. In addition to income taxes, this includes handling other areas of tax compliance, such as payroll taxes, sales taxes, and other local taxes. Plus, if your business needs an internal audit or review of financial statements for compliance reasons, a CPA is typically the professional to call.
Small business formation and structuring. A CPA might be better than a tax attorney if you need help picking a small business structure that best fits your needs. CPAs often excel in this area because of their specialized understanding of financial and tax implications related to various business structures. So, for example, if you’re unsure whether to set up a new business as a sole proprietorship, partnership, limited liability company, or S corporation, a CPA's advice can help you make an informed decision. However, once a decision is made, an attorney is often brought in to help with the legal process of filing the proper paperwork.
When a tax attorney might be a better choice than a CPA
So, when should you hire a tax attorney instead of a CPA? It may be better to hire a tax attorney when dealing with more complicated or potentially contentious tax issues, such as audits, tax fraud investigations, or tax litigation.
TurboTax Tip:
Communications with a tax attorney are typically protected by the attorney-client privilege, which offers a higher level of confidentiality than is required with a CPA. This is important if you're discussing sensitive tax matters that could have legal implications.
Tax attorneys can have a deeper understanding of tax laws and regulations, as well as legal expertise to represent clients in court if necessary. They can also provide tax legal advice and guidance on how to resolve disputes with the IRS or state tax agencies.
Here are a few examples of tax-related situations where you probably want a tax attorney’s services rather than a CPA’s tax help.
Legal representation and disputes. Tax attorneys are trained to handle complex tax disputes with federal, state, or local tax authorities and can represent you in formal proceedings, hearings, and negotiations. So, if you’re involved in tax litigation or expect to go to court over a tax matter, you’ll want a tax attorney by your side. Serious IRS audits, especially if it could result in substantial penalties, may also require the legal strategies and negotiation skills of a tax attorney.
Criminal tax matters. If you're being investigated for tax fraud or evasion, or you’re actually facing criminal charges related to your taxes, a tax attorney should be your first call. Their legal training is crucial for mounting a successful defense. Likewise, if you've failed to report income or have other tax issues that could lead to criminal prosecution, a tax attorney can also guide you through any voluntary disclosure programs that might be available.
Tax law interpretation. If you're concerned about a gray area of the tax law, a tax attorney can provide advice on how to proceed. They can also provide formal legal opinions on various tax issues, which is crucial for decision-making in high-stakes situations. In addition, if there are changes to the law, a tax attorney can help you understand how they affect you.
Business transactions. For business mergers, acquisitions, and other substantial transactions, a tax attorney can offer critical advice on structuring deals to minimize any tax impact and make sure you comply with any relevant regulations. They can also help you understand the legal implications of different business structures and transactions, including international operations, joint ventures, and reorganizations.
Estate planning and trusts. In many cases, a tax attorney is better equipped to handle estate planning or set up a trust than a CPA. They’re typically more skilled at drafting and reviewing legal documents – such as living wills, powers of attorney, and healthcare directives – to make sure your intentions are followed. Many tax attorneys are also trained to create customized trusts for asset protection, charitable giving, and special needs planning. Plus, if there’s a dispute involving estates or trusts, tax attorneys often can represent your interests in court.
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CPA vs. Tax Attorney: Which One Is Typically Better For You? |
||
|
Your Tax Needs |
CPA Better? |
Tax Attorney Better? |
|
Tax return preparation |
Yes |
No |
|
Legal representation |
No |
Yes |
|
Tax and financial planning |
Yes |
No |
|
General tax compliance |
Yes |
No |
|
Tax law interpretation |
No |
Yes |
|
Estate planning and trusts |
No |
Yes |
Tips for finding a CPA or tax attorney near you
Whether you plan to work with a CPA or tax attorney near you, you’ll need to go through the process of searching for and hiring a tax professional. It can take a lot of time and effort, but it’s worth it once you find the right person.
You might have a lot of questions about the best way to go about finding a CPA or tax attorney that’s right for you. So, here are answers to a few frequently asked questions and some tips to get you started.
Should I use a CPA or tax attorney near me?
One question that many people ask is “Should I hire a CPA or tax attorney near me?” While it isn’t always necessary, there can be several advantages to hiring a tax professional near you.
For example, a local CPA or tax attorney will have a better understanding of the tax laws and regulations where you live, including any tax credits, tax deductions, or filing deadlines specific to your area.
They’ll also have experience working with the tax agencies in your area, such as your state’s tax department or city tax office. This can be beneficial in navigating the tax system and resolving any state or local tax issues that may arise.
A CPA or tax attorney near you will also have a better understanding of the local business environment and might be able to provide insights and advice specific to your industry or region. Afterall, most CPAs and tax attorneys are small business owners themselves and can provide guidance based on their own experiences operating in the area.
Hiring a local tax professional allows for in-person meetings, which can be more convenient and beneficial for discussing complex tax matters. It also allows for a more personal relationship and better communication between you and your CPA or attorney.
In addition, using a local CPA or tax attorney with a good reputation in your community can provide peace of mind and assurance that you’re working with a competent and trustworthy professional. You can also ask for referrals from friends, family, or colleagues who have worked with them before.
You’ll also be supporting the local economy and small businesses in your community, which can have a positive impact on your neighborhood.
How much does it cost to hire a CPA or tax attorney near me?
Generally speaking, hiring a tax attorney will likely cost more than a CPA. However, in either case, the exact price you’ll pay can vary widely based on several factors, such as the complexity of the work, the professional’s experience and specialization, and their location. So, for instance, you’ll likely pay more to have a seasoned tax pro in an urban area handle a complicated tax problem than if you hire a newly licensed CPA or tax attorney in a rural area for a routine matter.
You’ll also want to be familiar with the various pricing models you might encounter with either a CPA or tax attorney. For example, you could be charged a flat fee for certain services, or be charged by the hour. In addition, you might be asked to pay an upfront retainer fee for more complex or ongoing work. In some cases, a tax attorney might also agree to a contingency fee arrangement, where you only need to pay if the attorney is able to reduce your tax liability or win a court case.
However, regardless of how your bill is calculated or the amount you end up paying, make sure you understand what the fee covers. For instance, if you’re hiring a tax professional to do your taxes, ask if the fee includes your state tax return and electronic filing. Likewise, if you’re paying for representation before the IRS, check to see if your fee covers expert testimony, appeals, or other potential expenses.
How can I check the credentials of a CPA or tax attorney near me?
Before hiring a CPA or tax attorney, it’s probably a good idea to verify that they’re licensed to practice in your state. The state’s Board of Accountancy can confirm a CPA’s credentials. The board can also tell you if a CPA has been involved in any disciplinary actions. You can also check cpaverify.org, which is a free resource with information from state boards of accountancy.
To check an attorney’s credentials and any disciplinary history, contact the bar association in your state. If your state has special rules for lawyers who specifically hold themselves out as tax attorneys, the bar association can also confirm whether an attorney has satisfied the requirements.
The IRS also has an online directory of tax return preparers who hold professional credentials recognized by the tax agency – such as a CPA or attorney.
Find a CPA or tax attorney that’s the right fit for you
Whether you need a CPA or tax attorney to help with your particular situation, it's important to find the professional who will work best with you. For instance, when hiring a CPA, look for someone who works with clients in financial situations similar to yours. Make sure you understand what they will require from you and that you feel comfortable speaking with the CPA about your personal or business finances. Often, you'll hire a CPA to work with you for many years, so you'll want to pick someone you trust.
When looking for a tax attorney, you'll also want to look for someone who specializes in an area that meets your needs. Because of the extreme complexity of tax law, many tax attorneys often focus on one area of the tax code, so it's important to ask about their experience in those areas when deciding on the attorney you'll hire. You'll want to make sure you can communicate effectively with the attorney and that you feel you can trust them to get the job done.
Be proactive when searching for a CPA or tax attorney
Whether you're thinking about hiring a CPA or tax attorney, it's important to be proactive rather than waiting for problems to arise. You can often schedule a free consultation with a prospective CPA or tax attorney to discuss your needs and determine your next steps.
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