Your Rights and IRS
Your rights as a taxpayer are outlined in
IRS Publication 1. It is important to know your rights
when you contact the IRS. Your rights in a matter of tax laws
and taxation outlined in IRS Publications include the
followings rights:
The IRS should explain your rights during
any contact with the IRS
The IRS should explain to you what your
rights are during any contact with the IRS. However, in
reality, don't leave it to the IRS to explain your
rights to you. Know your rights in advance before you contact
the IRS so that you can ensure that your tax situation is being
handled in the correct and fair manners.
The IRS respects your right to privacy and
confidentiality
The IRS will always respect your right to
privacy and the confidentiality of the information contained on
any tax return. Because there are severe penalties for
violating the tax disclosure laws, the IRS is very good at
observing your rights in the privacy and confidentiality
area.
The IRS allows CPA, tax attorneys, or tax
professionals
You are always permitted to have
professional representation such as certified public
accountants or CPA, tax attorneys, or other tax professionals
during any contact with the IRS. The IRS is typically very good
at allowing tax payers to exercise their right to professional
representation.
The basic difference between tax attorneys
and certified public accountants or CPA is the formal education
they undergo and the availability of confidentiality. The CPA
is trained in accounting, which will include some tax training,
while the tax attorney has a tax law degree and usually
some formal training or experience with tax issues.
Privacy and confidentiality
Tax attorneys can give you more
confidentiality. The confidentiality given by tax attorneys
is called the attorney - client privilege. Tax attorneys
cannot be forced to reveal details of your tax
case. A CPA gives less confidentiality.
Limited practitioner privilege
The Tax Reform Act of 1998 added a
limited practitioner privilege which benefits the CPA. This
limited practitioner privilege provides some added
confidentiality for discussions between a tax practitioner
and a tax payer concerning tax advice. However, this
limited practitioner privilege does not extend to criminal
matters. Thus, it is not as good as the attorney - client
privilege offered by tax attorneys.
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