Role of the Attorney in the Voluntary Disclosure Process
An attorney that specializes in taxes can be a great resource to those who are seeking to rectify the non-disclosure status of any foreign accounts and/or income. Although participation in the Voluntary Disclosure program reduces the likelihood that the IRS will pursue further civil and criminal penalties, participating in the program is not a guarantee that this will not occur. By utilizing the services of an attorney in the beginning of this process, a taxpayer can avoid having to seek legal assistance and advice later on in the process if things begin to go awry. In addition, a tax attorney will be able to guide the taxpayer through the myriad of IRS rules and regulations that come into play, and will be able to make sure that the taxpayer does not needlessly disclose information that is not required.
Also, by utilizing an attorney, in many cases, the attorney will represent you without the need for you to physically be present if a hearing is needed. This can be a great relief to many taxpayers as many don’t ever want to have to deal with any representative from the IRS. For many individuals, just the fact that they won’t have to directly deal with the IRS is worth any amount of money they may have to pay an attorney to represent them!
Although there are many tax professionals that are knowledgeable about the Voluntary Disclosure process, due to the nature of this program, and the potential for very negative consequences if the wrong information is disclosed, it is highly recommended that you consult with a tax attorney who is knowledgeable about the program before starting.
Please keep in mind the information and advice presented in this blog is not intended to be used as formal legal advice. Contact a tax professional for personalized tax advice pertaining to your specific situation. While we try and answer all parts of the question when we write our blogs, sometimes there may be some left unanswered. If you have any questions about your problems with the IRS, SBOE, FTB, or BOE, or tax law in general, call RJS Law at (619) 595-1655.