When Does a Small Business Need a Tax Attorney?

By JJ Thomas • Feb 11th, 2009 • Category: Legal & Taxes

Courtesy of About.com:

The following article does a good job of explaining what exactly a tax attorney does and when a small business may be in need of one. It’s more of a general primer and gives you a foundation upon which to go search for further information, as needed.

A tax attorney is, first of all, an attorney. That is, he or she has a Juris Doctor (J.D.) degree and has passed the bar exam, qualifying this person to practice law in one or more states. The tax specialization is developed over time and experience by certain attorneys. Tax attorneys keep up with the many frequent changes in the tax law to help you with tax questions.

  • At business start-up, a tax attorney reviews the various legal types of business to determine which might be best for that business.
  • A tax attorney reviews business contracts and negotiations, such as those for purchase or sale of a business, to determine the tax effects of these deals.
  • A tax attorney can advise on treatment of sales and expenses and deductions (depreciation, for example) for the most advantageous tax treatment.
  • A CPA can represent you in an audit, as can a tax attorney, but only the attorney can represent you in a tax court situation.
  • In business bankruptcy, a tax attorney can help determine the best bankruptcy form and can advise you on the potential tax effects of various actions during and after the bankruptcy.
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JJ Thomas is the founder and chief promoter and contributor for BirminghamSmallBusiness.com. JJ has a passion for entrepreneurship and enjoys helping fellow aspiring and practicing entrepreneurs. JJ has also founded other related business ventures, such as Entrevisor (providing entrepreneur advisory services) LOLO Rewards (coalition loyalty and rewards program for locally owned, independent businesses), The Entrecyclopedia (the Entrepreneur's Encyclopedia of useful information) and EntrePulse (a weekly roundup of practical info for aspiring and entrepreneurs).
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