Texas
Texas Tax Attorneys
While many people in Texas know to file their income taxes on an annual basis, situations arise when people do not properly file their taxes or taxes contain errors that cause problems with certain agencies. The Texas Comptroller’s office collects many taxes as does the Texas Workforce Commission (TWC), but the Internal Revenue Service (IRS) is generally the reason for most tax disputes in Texas.
Anderson Bradshaw help clients with such issues as:
- Tax audits — Our Texas tax attorneys have experience representing clients in tax audits conducted by the IRS or state tax agencies. We can help you navigate the audit process, ensure your rights are protected, and work towards a favorable resolution.
- Tax debt resolution — If you are struggling with tax debt, our attorneys can assist you in exploring various options for tax debt relief. This may include negotiating installment agreements, offers in compromise, or other payment plans to help you resolve your tax debt in a manageable way.
- Tax litigation — In cases where a tax dispute cannot be resolved through negotiation or administrative channels, our skilled tax attorneys are prepared to litigate on your behalf. We will advocate for your rights and present a strong case in tax court.
- Innocent spouse relief — If you are facing tax liability resulting from your spouse’s actions or omissions, you may be eligible for innocent spouse relief. Our attorneys can evaluate your situation, determine if you qualify for this type of relief, and guide you through the process of seeking relief from joint tax liability.
- Employment tax issues — We assist clients who are dealing with employment tax-related problems, such as misclassification of employees, failure to withhold and pay payroll taxes, or disputes with the Texas Workforce Commission. Our attorneys will work to protect your interests and help you address these employment tax issues.
- Tax appeals — If you disagree with a tax assessment or decision made by a taxing authority, our attorneys can help you file a tax appeal. We will present your case effectively and advocate for a favorable outcome in the appeals process.
At Anderson Bradshaw, we understand the complexities of tax law and the potential impact tax issues can have on individuals and businesses. Our experienced Texas tax attorneys are dedicated to providing comprehensive legal representation and finding effective solutions for your tax-related concerns.
Offers in Compromise
The offers in compromise (OIC) program is a complex and highly scrutinized process, and the outcome of an application depends on various factors, including a person’s financial situation and compliance history. An offer in compromise allows people to settle their tax debts for less than the full amount owed.
The IRS evaluates a person’s ability to pay, income, expenses, and asset equity when considering an offer in compromise. Offers in compromise are generally approved when they represent the maximum amount the IRS can expect to collect within a reasonable period.
Eligibility for an offer in compromise includes filing all required tax returns, making required estimated payments, and not being involved in an open bankruptcy proceeding. If the IRS is unable to process an offer, the application and fee are returned, and any payment included is applied to the balance due.
Payment options for an accepted offer include a lump sum cash payment or periodic payments. Low-income certification guidelines may exempt individuals from paying the application fee, initial payment, or monthly installments while the IRS reviews the offer.
If an offer is rejected, people have the option to appeal the decision within 30 days using Form 13711 and seeking assistance from the IRS Independent Office of Appeals. It is worth mentioning that the OIC program is a specialized area of tax law, and it is always advisable to consult with a qualified tax professional or tax attorney who can provide personalized guidance and assistance throughout the application process.
Stopping Tax Levies & Liens
While Texas does not have a state income tax, people can still be subject to other taxes and potential tax liens. Tax liens are legal claims by the government against a person’s property when they fail to pay a tax debt, and they serve to protect the government’s interest in that property.
The IRS is responsible for handling federal tax liens, and they provide guidelines on their website regarding the release of liens. The IRS may release a lien if certain conditions are met, including if the taxpayer has paid the amount owed, the collection period has ended before the issuance of the levy, releasing the lien will facilitate tax payment, the taxpayer has entered into an Installment Agreement that does not allow for the levy to continue, the levy would create an economic hardship preventing the taxpayer from meeting reasonable living expenses, or the value of the property exceeds the amount owed, and releasing the lien will not hinder the IRS’s ability to collect the debt.
If the IRS denies a request to release a lien, the taxpayer has the right to file an appeal. It is advisable to seek the assistance of a knowledgeable attorney who specializes in tax matters when dealing with tax liens, as they can provide guidance, representation, and help navigate the appeals process.
It’s important to note that state tax liens may be handled differently, as each state has its own procedures and regulations regarding tax collections and liens. Therefore, if a person receives a Notice of State Tax Lien in Texas, it is crucial to consult with a tax attorney or a professional familiar with Texas tax laws to understand the specific implications and options for resolving the tax lien.
IRS Audit Defense
When a person in Texas is audited, it can be conducted by either the IRS or the Texas Comptroller’s Office, depending on the nature of the tax return and the taxes involved. The IRS typically flags tax returns that show abnormal or suspicious activity, such as large cash deposits, excessive itemized deductions, or self-employment income, which can increase the likelihood of an audit.
Upon receiving a notice of an audit, it is important for the individual to seek legal counsel promptly. A tax attorney can provide valuable guidance and representation throughout the audit process to ensure the person’s rights and interests are protected.
In most cases, after an audit, the IRS may issue a notice about penalties if they determine that the taxpayer owes additional taxes or has committed certain violations. It is crucial to have legal representation during this stage as well, as penalties can have significant financial implications.
IRS audits generally cover a period of three years, although exceptions can be made in cases involving major errors or fraud. Dealing with a tax audit can be complex and time-consuming, particularly for businesses. It is essential for companies to understand their legal options, including tax debt relief, and to consult with a tax attorney who can provide guidance tailored to their specific situation.
If the audit is conducted by the Texas Comptroller’s Office, the procedures and guidelines may vary, as each state agency has its own auditing processes. Seeking the assistance of a knowledgeable attorney who specializes in Texas tax laws is important in navigating the audit and addressing any potential tax debt or penalties.
Unfiled Tax Returns
When a person fails to file their taxes, they can face various penalties and consequences. These penalties can include:
- Interest and Fees — The IRS and state tax authorities may charge interest on the unpaid tax amount from the original due date until it is paid in full. Additionally, late filing penalties and failure-to-pay penalties can be imposed.
- Liens and Levies — If a tax debt remains unpaid, the IRS or state tax authority may place a tax lien on the person’s property, such as their home or other assets. A tax lien gives the government a legal claim to the property as security for the tax debt. In some cases, the IRS or state tax authority may also initiate levies, which involve seizing assets or garnishing wages to satisfy the tax debt.
- Criminal Charges — In certain situations involving intentional tax evasion or fraud, individuals may face criminal charges. These charges can result in fines, penalties, and even imprisonment.
To address these penalties and consequences, it is important for individuals to file their past due tax returns as soon as possible. By doing so, they can minimize interest and penalties, protect their financial well-being, and prevent further enforcement actions by tax authorities.
Filing past due returns also helps individuals maintain eligibility for Social Security benefits, obtain loans, and avoid other potential complications related to their tax compliance. It is advisable to consult with a tax attorney or a qualified tax professional to ensure proper compliance and to navigate any tax issues effectively.
Innocent Spouses
When filing joint tax returns, innocent spouse relief can be available to a spouse who can demonstrate that they should not be held responsible for the understated taxes on the joint return. Here are some key points to consider:
- Eligibility — To qualify for innocent spouse relief, the following conditions generally apply:
- A joint return was filed.
- There was an understatement of taxes on the joint return.
- The innocent spouse had no knowledge or reason to know about the understatement.
- It would be unfair to hold the innocent spouse liable for the tax debt.
- Relief Options — Innocent spouse relief provides three types of relief:
- Traditional Innocent Spouse Relief — This relieves the innocent spouse from the entire tax liability.
- Separation of Liability — This allocates the tax liability between the spouses based on their individual contributions.
- Equitable Relief — This provides relief when the innocent spouse doesn’t qualify for traditional relief or separation of liability.
- Time Limit — Innocent spouse relief must be requested within a specific time frame. Generally, the request must be made within two years after the IRS has taken collection action against the taxpayer.
- Burden of Proof — The innocent spouse seeking relief has the burden of proving their eligibility for relief. This requires providing evidence to support their claim that they had no knowledge of the understatement and should not be held liable for the tax debt.
- Legal Assistance — Seeking the guidance of a qualified tax attorney or tax professional experienced in innocent spouse relief claims is highly recommended. They can help navigate the process, gather the necessary documentation, and present a strong case to the IRS.
It is important to note that innocent spouse relief is subject to review by the IRS, and they may be skeptical of these claims. Therefore, having proper legal representation can be beneficial in presenting a convincing case and increasing the chances of obtaining relief from the tax liability.
Contact Our Texas Tax Attorneys
Anderson Bradshaw is dedicated to assisting individuals with tax concerns in Texas, and offering IRS tax help and providing consultations can be valuable in helping people understand their options and find relief from their tax issues. Individuals residing in various cities in Texas, such as Houston, San Antonio, Dallas, Austin, Fort Worth, El Paso, Arlington, Corpus Christi, Plano, and Lubbock, can benefit from their services.
If you are in need of assistance with your tax concerns, it’s recommended to reach out to Anderson Bradshaw by calling (877) 986-1156 or contacting their Texas tax attorney online to schedule a free consultation. Seeking professional guidance can help you navigate the complexities of tax matters and work towards resolving your issues effectively.