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Which Tax Professionals are Qualified to Work with the IRS on My Behalf?

Which Tax Professionals are Qualified to Work with the IRS on My Behalf?

When facing the difficult task of dealing with the IRS, individuals and businesses often seek assistance from tax professionals. These tax pros can help navigate the complexities of tax laws and regulations. However, not everyone is qualified to represent taxpayers before the IRS. So, which tax professionals are qualified to work the IRS on your behalf? The IRS recognizes three primary types of tax professionals who can represent taxpayers before the agency. These are attorneys, certified public accountants (CPAs), and enrolled agents (EAs). Each of these professionals possesses distinct qualifications and expertise, making them valuable assets in resolving tax-related issues effectively. Understanding the different qualifications is essential to ensure proper representation and advocacy in dealings with the IRS. 

Tax Attorneys 

Attorneys who specialize in tax law are authorized to represent taxpayers before the IRS at all administrative levels, including audits, appeals, and collections. They are licensed to practice law by state bar associations. They’ve also undergone rigorous legal education and training, which may include a focus on tax law. 

Tax attorneys possess comprehensive knowledge of tax codes, regulations, and case law. This knowledge enables them to provide expert advice and representation in complex tax matters. They can offer legal strategies to minimize tax liabilities and negotiate settlements with the IRS on behalf of their clients. Finally, attorney-client privilege applies to communications between taxpayers and their attorneys, providing confidentiality and protection against disclosure in legal proceedings. 

Certified Public Accountants (CPAs) 

CPAs are licensed accounting professionals who have met the educational and experience requirements set by state boards of accountancy. While CPAs are primarily known for their expertise in accounting and financial reporting, many CPAs also specialize in taxation. 

CPAs can represent taxpayers before the IRS in matters related to tax preparation, planning, and compliance. They can assist individuals and businesses in responding to IRS notices, resolving tax disputes, and preparing and filing tax returns. However, CPAs do not have the authority to represent clients in tax court or handle certain types of tax litigation, as their training and licensing focus primarily on accounting and financial matters rather than legal advocacy. 

Enrolled Agents (EAs) 

Enrolled agents are tax professionals licensed by the IRS to represent taxpayers in all matters before the agency. Unlike attorneys and CPAs, who are licensed by state authorities, enrolled agents receive their credential directly from the IRS. They do this after passing a comprehensive examination or demonstrating relevant experience and expertise. 

EAs are tax specialists who possess in-depth knowledge of federal tax laws and regulations. They can represent taxpayers in audits, appeals, and collections proceedings, as well as provide tax planning and preparation services. Enrolled agents are particularly well-suited for resolving IRS-related issues, given their specialized focus on taxation and their authority to represent clients nationwide without state-specific limitations. 

Choosing the Right Representative 

When selecting a tax professional to represent you before the IRS, it’s essential to consider several factors. These might include the complexity of your tax situation, the nature of the tax issue, and the level of expertise required. While attorneys, CPAs, and enrolled agents all have the qualifications to represent taxpayers before the IRS, each brings a unique set of skills and capabilities to the table. 

For complex legal matters or situations involving tax litigation, a tax attorney may be the most appropriate choice due to their legal expertise and ability to navigate the intricacies of tax law. For comprehensive tax planning and compliance services, a CPA with a focus on taxation can offer valuable insights and assistance. And for a broad range of IRS representation and advocacy needs, an enrolled agent provides specialized knowledge and nationwide representation. 

Tax Help for Those Who Owe 

In conclusion, understanding the qualifications and capabilities of different tax professionals is crucial for ensuring effective representation before the IRS. Now that you know which tax professionals are qualified to work the IRS on your behalf, you can decide which to work with. Whether you choose an attorney, CPA, or enrolled agent, selecting the right representative can make a significant difference in resolving tax issues and receiving tax relief. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.  

If You Need Tax Help, Contact Us Today for a Free Consultation 

How Unemployment Affects Your Taxes

how unemployment affects your taxes

If you spent time unemployed last year, you might be wondering how that’ll affect your tax return this year, especially if it was your first time ever being without work. When it comes to unemployment and taxes, you might have some questions. Here’s a breakdown of how unemployment affects your taxes. 

Is Unemployment Taxable? 

Perhaps the first question people ask about unemployment is: “Is my unemployment income taxable?” In short, it is taxable. The IRS requires you to report any unemployment income on your federal tax return with Form 1099-G, Certain Government Payments. Most states tax unemployment income as well, except for the few that don’t tax any income and the few that exempt unemployment benefits from income taxes. You can check with your state’s Department of revenue to see if your income is taxed at the state level. 

How Do I Pay Unemployment Taxes? 

When applying for unemployment benefits, you can request your state to withhold federal taxes from your checks. In this case, 10% will be used to pay federal taxes. You can also make estimated quarterly tax payments throughout the year. If you go this route, be mindful of the deadlines for each quarter: April 15, June 15, September 15, and January 15 of the following year. Your final option is to just pay all taxes due during tax time. The same three options usually also apply to paying taxes at the state level. 

Does Unemployment Affect My Tax Credits? 

Receiving unemployment benefits might affect your eligibility for certain tax credits. For example, eligibility of the earned income tax credit (EITC) and the child tax credit (CTC) are determined by earned income. Since unemployment benefits are not considered earned income, it could reduce your credit amount or completely disqualify your eligibility. Since the EITC is worth up to $7,430 and the CTC is worth $2,000 per qualifying child in 2024, it is best to check with your tax preparer to see exactly how unemployment will affect your eligibility for tax credits you rely on each year.  

Are Other Government Benefits Taxable? 

Sometimes the unemployed seek other financial assistance from the government, including housing subsidies, childcare subsidies, and SNAP benefits. You might also accept food donations from food pantries. These benefits are generally not taxable, but you should check with your local benefits offices to confirm. 

What If I Can’t Pay My Taxes? 

Being unemployed might mean you’re low on funds and might need extra help if you run into issues during tax time. The IRS offers a free tax filing service on their website and Volunteer Income Tax Assistance (VITA) provides free tax preparation for lower-income taxpayers. If your tax issues are bigger or more complex, it might be best to consider tax relief options. Our team of qualified and dedicated tax professionals can help if you have tax debt. Optima Tax Relief is the nation’s leading tax resolution firm with over $1 billion in resolved tax liabilities.  

If You Need Tax Help, Contact Us Today for a Free Consultation 

Tax Guide for New Investors

tax guide for new investors

When considering investing, you may first daydream of the potential rewards of the risky endeavor. But as a new investor, it can be overwhelming to navigate the world of taxes. However, understanding the basics of taxation can help you make informed decisions and avoid costly mistakes during tax time. In this brief tax guide for new investors, we will cover some of the essential things you need to know. 

Capital Gains vs. Ordinary Income 

When you invest, you have the potential to earn income through two methods: capital gains and ordinary income. Capital gains are the profits you make when you sell an asset for more than you paid for it. Ordinary income is income earned through wages, salaries, interest, dividends, and other sources. 

The tax rate for capital gains is generally lower than the tax rate for ordinary income. The tax rate you pay on capital gains depends on how long you hold the asset before selling it. If you hold it for more than a year, it’s considered a long-term capital gain. In this case, the tax rate will be lower than if you hold it for less than a year, otherwise known as a short-term capital gain. Short-term capital gains are taxed as ordinary income. In 2023, the tax rates for long-term capital gains are as follows: 

Filing Status0%15%20%
SingleUp to $44,625$44,626 to $492,300 Over $492,300
Head of HouseholdUp to $59,750$59,751 to $523,050Over $523,050 
Married Filing Jointly orQualified Widow(er)Up to $89,250$89,251 to $553,850Over $553,850 
Married Filing SeparatelyUp to $44,625$44,626 to $276,900 Over $276,900 

The long-term capital gains tax rates for 2024 are:

Filing Status 0% 15% 20% 
Single Up to $47,025$47,026 to $518,900 Over $518,900
Head of Household Up to $63,000$63,001 to $551,350Over $551,350
Married Filing Jointly orQualified Widow(er) Up to $94,050$94,051 to $583,750Over $583,750 
Married Filing Separately Up to $47,025$47,026 to $291,850Over $291,850 

Tax Implications of Different Types of Investments 

Different types of investments are taxed differently. For example, stocks are taxed on capital gains and dividends, while bonds are taxed on interest income. Real estate is also subject to specific tax rules, including depreciation deductions and the potential for tax-deferred exchanges. 

It’s important to understand the tax implications of your investments before you invest. For example, if you’re investing in a high-yield bond, you may be subject to higher taxes on the interest income than if you were investing in a low-yield bond. By understanding the tax implications, you can make informed decisions about where to invest your money. Consulting with a financial advisor before making these financial moves can help you make the most informed decision now and prepare for any tax bill later. 

Investment Expenses 

Investment expenses can be deducted from your taxes, which reduces your taxable income. These expenses can include brokerage fees, investment advisory fees, and other costs related to your investments. It’s important to keep track of these expenses throughout the year, so you can deduct them on your tax return. Be sure to have proper documentation just in case the IRS requests substantiation later. 

Selling Investments 

Knowing when to sell your investments can have a significant impact on your taxes. If you sell an asset for a loss, you can use that loss to offset capital gains from other investments. This is called tax-loss harvesting and can help reduce your tax bill. Tax-loss harvesting could also help reduce your ordinary income tax liability, even if you don’t have any capital gains to offset. To do this, you would sell a stock at a loss and then purchase a similar stock with the proceeds.  

Tax-Advantaged Accounts 

Tax-advantaged accounts are investment accounts that offer tax benefits. These accounts include 401(k)s, IRAs, and 529 college savings plans. Contributions to these accounts are tax-deductible, and the investment interest grows tax-free. When you withdraw the money during retirement or for qualified education expenses, you’ll pay taxes on the withdrawals, but typically at a lower tax rate than during your working years. Investing in tax-advantaged accounts can be an effective way to reduce your tax bill and grow your investments over time. 

In conclusion, understanding taxes is an essential part of investing. By knowing the tax implications of your investments, keeping track of your investment expenses, and taking advantage of tax-advantaged accounts, you can reduce your tax bill and maximize your investment returns. Remember to consult with a tax professional for personalized advice on your specific situation. 

Tax Help for New Investors 

Remember, the most important thing you can do during tax time is ensure that you are reporting all income, whether it is ordinary income, interest earned on a bond, or dividends paid out to you that year. Failing to report income during tax time can put you on a fast path to being audited by the IRS. If you need help with a large tax liability because you were unprepared for the tax implications of investments, a knowledgeable and experienced tax professional can assist. Optima Tax Relief is the nation’s leading tax resolution firm with over $1 billion in resolved tax liabilities.  

If You Need Tax Help, Contact Us Today for a Free Consultation 

Ask Phil: What is a Tax Attorney?

Today, Phil explains what a tax attorney is, including what it takes to become one and how they can help you with your tax issues. 

What is a Tax Attorney? 

A tax attorney is a legal professional who specializes in tax law. They are trained and experienced in dealing with complex tax issues, including tax planning, compliance, disputes, and litigation. One of the privileges they have is being able to represent taxpayers before tax authorities, such as the IRS.  

Becoming a Tax Attorney 

What does it take to become a tax attorney? For one, it means going to and completing law school. It also means passing the bar exam. However, they shouldn’t stop there. Staying updated on changes in tax laws and regulations is essential for tax attorneys to effectively advise their clients and navigate complex tax issues.  

Tax attorneys can make a significant impact on their clients’ financial well-being by helping them minimize tax liabilities, resolve disputes with tax authorities, and plan for the future. Just be sure to vet your attorney to ensure they are qualified to represent you before the IRS. Rest assured, the attorneys and enrolled agents at Optima Tax Relief can help.  

If you need tax help, contact us today for a Free Consultation 

What is the Kiddie Tax?

What is the Kiddie Tax?

Navigating the complexities of taxes can be challenging for anyone. When it comes to families with children, there are additional considerations to be aware of. One such consideration is the IRS Kiddie Tax. This set of rules is specifically aimed at taxing unearned income of certain children at their parent’s tax rate. Understanding how the Kiddie Tax works is crucial for parents to effectively manage their tax liabilities. Let’s delve deeper into what the Kiddie Tax entails and how it might affect your family’s tax situation. 

What is the Kiddie Tax? 

The Kiddie Tax is a tax provision established by the IRS aimed at preventing parents from shifting investment income to their children to take advantage of their lower tax rates. Specifically, it applies to children who have unearned income above a certain threshold. It applies to children under 19 years of age or under 24 if they are full-time students. Unearned income includes interest, dividends, capital gains, rents, and royalties, among other types of passive income. However, other common examples include taxable scholarships and income produced by gifts from family. 

Exemptions 

The Kiddie Tax does not apply to all children. If a child meets any of these criteria, they will be exempt from the Kiddie Tax rules.

  • The child has no living parents at the end of the tax year.
  • The child got married and filed a joint return for the tax year. 
  • The child is not required to file a tax return for the tax year.
  • The child is totally or permanently disabled.
  • The child is emancipated.

How Does it Work? 

The first $1,250 of a child’s unearned income is not taxed. However, the next $1,250 is subject to the child’s tax rate of 10%. Additionally, any income that exceeds $2,500 is taxed at the greater rate of the child’s tax rate or the parent or guardian’s tax rate. For example, if a child had $3,000 in unearned income, $500 would be subject to the Kiddie Tax. Finally, the threshold will rise to $2,600 for tax year 2024. 

For 2023, the standard deduction for a child is the greater of $1,250 or the child’s earned income plus $400, if you can claim them as a dependent. This is because $1,250 is the standard deduction for dependents. If you cannot claim the child as a dependent, they’d generally use the standard deduction of a single filer. This figure is $13,850 for 2023.  

Examples 

  1. Emily receives $3,000 in dividend income from stocks held in a custodial account in her name. Her parents’ marginal tax rate is 24%. Under the Kiddie Tax rules, since Emily’s unearned income exceeds the $2,500 threshold, the portion exceeding the threshold ($500) will be taxed at her parents’ tax rate. 
  1. Consider a family with two children, Jack and Lily. Jack is 17 years old and earns $1,800 in interest income from savings bonds. Lily, on the other hand, is 20 and a full-time college student She receives $3,500 in dividends from investments. Jack’s income will be taxed at his individual tax rate of 10%. However, Lily’s income will be subject to the Kiddie Tax at her parents’ tax rates. 
  1. 17-year-old Michael is legally emancipated from his parents. He earns $5,000 in interest income from a savings account in his name. Since Michael is emancipated, the Kiddie Tax does not apply to him. Therefore, his interest income will be taxed at his individual tax rate. 
  1. Sarah, who is 18 years old, has a disability that meets certain criteria outlined by the IRS. Sarah receives $4,000 in dividends from investments. If Sarah’s disability qualifies her for an exception to the Kiddie Tax, her dividends may be taxed at her individual tax rate rather than at trust and estate tax rates. 

How to Report Kiddie Tax 

Reporting the Kiddie Tax on your tax return involves several steps. That said, it’s crucial to ensure accurate reporting to comply with the IRS. Calculate the child’s unearned income for the tax year. Remember, unearned income includes interest, dividends, capital gains, rents, and royalties, among other types of passive income. If the child’s unearned income exceeds the threshold, apply the Kiddie Tax rates to the portion of income exceeding the threshold. For 2023, unearned income up to $2,500 is taxed at the child’s rate. Any amount over $2,500 is taxed at the parent or guardian’s tax rate. This can be significantly higher than individual tax rates.  

If the Kiddie Tax applies, use IRS Form 8615, Tax for Certain Children Who Have Unearned Income. This form helps determine the portion of the child’s unearned income subject to the Kiddie Tax. It also calculates the tax liability at the appropriate tax rate. Parents should attach this form to the child’s Form 1040. In some cases, the parent can include the child’s income on their return instead. They would do this with Form 8814, Parent’s Election to Report Child’s Interest and Dividends.  

Tax Help for Parents 

Understanding the Kiddie Tax is essential for parents who engage in financial planning strategies involving their children’s investments. While the Kiddie Tax aims to prevent tax avoidance, it can significantly impact the tax implications of certain investment decisions. Parents should consider consulting with a tax advisor or financial planner to develop tax-efficient strategies that align with their overall financial goals. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers.  

If You Need Tax Help, Contact Us Today for a Free Consultation