Tax Attorney Lawyer Info

  

If you are dealing with a tax lien against your property a tax relief attorney will work with the government to remedy the lien. Notice of Federal Tax Lien is a claim taken against property to secure that a debt will be paid. Usually to protect the governments interest a notice to the public is filed. The lien is placed on the property when a taxpayer is made aware of the debt and does not pay it within 10 days.

The lien is filed and the taxpayer’s creditors, along with the general public, are made aware that it exists. After the tax lien has been filed the IRS must let the taxpayer know within 5 days of the filing that he or she has the right to a hearing. If at the court hearing the taxpayer disagrees with the lien, the have the privilege to contest the lien and if successful, appeal to the U.S. Tax Court or federal district court.

The tax lien is discharged when the debt is paid or time has expired on the IRS’s behalf and they can no longer enforce the lien. Once a compromise has been accepted from the taxpayer by the IRS the lien no longer exists. The taxpayer’s credit report can be affected following the release no matter what the circumstances of the discharge were.

If the following circumstances apply then the IRS could withdraw the public notice of lien:

1) If the notice was filed against the rules of administrative procedures or was filed prematurely.

2) If the withdraw would benefit both the taxpayer and the government.

3) If an installment plan has been agreed upon.

4) If payment would be met by the withdraw.

Your tax relief attorney will be familiar with the rules, criteria, and procedures followed by the IRS in declaring tax penalties. The IRS can access penalties against you for not paying your taxes, for not filing a return, as well as return related and information related violations. Actually, they total over 140 different types of penalties which they can use against you.

However, the reason they have the authority to assess this large number of penalties is to encourage the voluntary payment of taxes, to accurately prepare their tax returns, and to file them in a timely manner. On the other hand, the taxpayers also have the right to defend themselves against the IRS penalties assessed against them by being heard and possibly being eligible for being released from the penalties.

Through reasonable cause the taxpayer will have their case reassessed. All of the facts leading to the assessment will be reconsidered by the IRS If certain factors can be shown such as serious illness, death, unavailable absence, the wrong advice form a tax advisor or from the service, service error, or disastrous circumstances and if in the end the taxpayer did use care and discretion to complete their obligations to the IRS.

No matter what amount you owe the IRS tax attorney can get the best possible solution to your problem. For more updated articles, bookmark www.TaxAttorneyLawyer.Info

Author: Matt Murren

Article Source: http://EzineArticles.com/?expert=Matt_Murren

If you have been accused of tax fraud, either as an individual or as a business, you need to contact a tax attorney immediately for legal representation.  There are many honest, legitimate business owners and tax payers that are accused of tax fraud that have done nothing fraudulent, so it is vital that you have a tax lawyer on your site to fight these charges, clear your name or your business name and move on with your life and business operations.

Tax fraud is a white collar crime involving offenses like tax evasion, non filing of tax returns, non declaration of income and assets, misrepresentation of conditions for exemption, forgery, and any other crimes related to the payment of taxes. Tax fraud attorneys are lawyers who fight criminal cases on behalf of those charged with tax fraud.

Tax fraud attorneys, unlike attorneys handling income or business tax, are employed only after a person or organization has been charged with tax fraud. They don’t generally advise on tax planning or filing of returns, but are hired after a person suspects he may be under investigation, or when authorities start a tax audit.

A skillful tax fraud attorney will negotiate with the authorities on behalf of his client and draw attention to mitigating circumstances. Navigating between tax planning and tax fraud is risky for a person without proper knowledge of tax laws. For example, many tax frauds are committed when sham tax preparers misguide tax payers. If an attorney can prove that fraud was committed in ignorance and without mal intent, it can lead to a lenient sentence or charges being dropped altogether.

The recent KPMG LLP case illustrates how defense attorneys were able to convince authorities to let the firm off with a $456 million fine when they were tried for withholding billions of dollars in taxes by pointing out that most KPMG employees would lose their jobs if the firm was prosecuted. A tax fraud attorney tries to convince tax authorities that prosecuting the suspect would do more harm than good.

Since prevention of prosecution for fraud is always desirable, it is best to consult an attorney while paying taxes or filing returns to avoid being charged with fraud. But once investigations against a suspected tax dodger have started, it is advisable to hire a tax fraud attorney as soon as possible. He will advise his client with regard to his rights, and recommend the steps to take to minimize damage.

Author: Max Bellamy

Article Source: http://EzineArticles.com/?expert=Max_Bellamy