Experienced California Tax Attorney

Unlike most states, California has three separate taxing agencies:

• Franchise Tax Board (FTB) for state income taxes,
• Employment Development Department (EDD) for state payroll taxes, and
• California Department of Tax and Fee Administration (CDTFA) formerly the State Board of Equalization (SBOE) for state sales taxes.

Please remember that in addition to the IRS, each agency has its own rules, regulation and filing requirements.

Tax agents are overworked and have a large number of cases. If you are working with a Collections Agent in the IRS, FTB, EDD or CDTFA your account should not be levied and involuntary collections will not occur if you are current on your filing and payments, are making good-faith payments, are responsive to the agent and you meet the agreed-upon timelines. Recently, state agencies have been assessing taxpayers when they do not respond to an assessment or audit notice. Sometimes taxpayers overlook the notices and unfortunately, the state agency automatically assesses the client. The assessment is then sent to the Collections department. Depending on the state agency, a notice may be sent and if the taxpayer does not respond in a specified period of time, the taxpayers’ bank accounts may be levied.

Unfortunately, most taxpayers do not seek out a lawyer until they have an issue with a government agency. Unlike larger national firms, Ms. Soares will be handling your matter and responding directly to your questions and concerns. We understand each taxing agency’s rules and requirements. We understand the law and are able to take your controversy as far as necessary to obtain a successful result. Some national firms only write letters or delay collections. We will review your case and give you honest advice. Since we are lawyers, we have the ability to take your tax controversy case to Tax Court if necessary.

This is a very common question that clients ask. The short answer is no. You have the right to representation. The government agent understands that you are busy with your own business and that it is more efficient for you to focus your time and energy running your business. In our experience, the government agent actually likes that an experienced person is working with them because in most cases we do their work for them. We know the format, the questions and the documentation that the agent will request. We review your information and provide it to the government agent in an organized fashion which saves the government agent’s time and energy.

There are many reasons to hire an attorney:

• As lawyers, we have an ethical duty to always act in your best interest,
• When you hire an attorney, you have an attorney-client privilege. There is no client confidentiality between you and your accountant or tax preparer. When you hire a lawyer, you are allowed to freely communicate with your lawyer. If you face any criminal charges, your tax preparer or accountant will not provide this same protection. In most cases, he or she will be compelled to testify against you.
• In some cases, taxpayers may consider using their accountant or tax preparer to represent them in front of a government agency. Depending on the facts of the case, there may be a conflict of interest between the tax preparer and the client.