South Dakota
Tax Attorneys
IRS Tax Lawyers in South Dakota
When facing tax issues in South Dakota, it is advisable to seek the assistance of an experienced tax attorney who is familiar with South Dakota tax laws and regulations, such as those at Anderson Bradshaw. A tax attorney can provide valuable guidance, help you understand your rights and obligations, and represent your interests when dealing with tax problems.
The South Dakota Department of Revenue and Regulation administers state tax laws in South Dakota. They are responsible for enforcing tax regulations and collecting state taxes. Understanding the specific tax laws and procedures in South Dakota can be complex, and having a tax attorney who specializes in South Dakota tax matters can be instrumental in navigating through these issues.
In addition to state taxes, federal taxes are handled by the Internal Revenue Service (IRS) across the United States, including South Dakota. A tax attorney at Anderson Bradshaw can also provide assistance and representation when dealing with federal tax matters.
Tax attorneys at Anderson Bradshaw can assist you in developing strategies to address any allegations or disputes related to your taxes. They will analyze your specific situation, assess the relevant tax laws, and provide personalized advice tailored to your needs.
Whether you are facing tax debt, audits, disputes, or other tax-related issues, Anderson Bradshaw can provide the necessary expertise and guidance to help you navigate through these challenges. They will work with you to understand your options and develop a plan to achieve the best possible outcome in your case.
By working with a knowledgeable tax attorney who understands South Dakota tax laws and regulations, you can have peace of mind knowing that your interests are being protected and that you have a dedicated professional advocating for you throughout the process.
Some of the different tax cases we handle include:
Offers in Compromise
The Offer in Compromise (OIC) program administered by the Internal Revenue Service (IRS) provides individuals with a way to settle their tax debt for less than the full amount owed. The IRS carefully evaluates various factors, including a person’s ability to pay, income, expenses, and asset equity, when considering an offer in compromise.
To be eligible for an offer in compromise, individuals must meet certain requirements, such as filing all required tax returns, making necessary estimated tax payments, not being in an open bankruptcy proceeding, having a valid extension for the current year return, and making tax deposits as an employer for the current and past two quarters.
If the IRS is unable to process an offer in compromise, they will return the application and offer application fees. Accepted offers can be paid through different options, including lump sum cash payments or periodic payments over a specified period.
Low-income individuals who meet specific certification guidelines may be exempt from paying the application fee, initial payment, or monthly installments while the IRS reviews their offer.
In cases where an offer in compromise is rejected, individuals have the right to appeal the decision within 30 days using the Request for Appeal of Offer in Compromise, Form 13711. The IRS Independent Office of Appeals can provide further assistance during the appeal process.
Given the complexities involved in the offer in compromise process, it is often advisable to seek the guidance of a tax professional, such as a tax attorney or enrolled agent. They can provide valuable expertise, help you navigate the process, and increase your chances of a successful outcome.
Stopping Tax Levies & Liens
A tax lien is indeed a legal claim imposed by the government to secure unpaid tax debts. In South Dakota, the state can request a bank or financial institution to hold assets in an individual’s account and remit those amounts to satisfy the tax debt.
Regarding the IRS, they have specific guidelines for releasing tax liens. The IRS may release a lien in various situations, such as when the tax debt has been fully paid, the collection period has ended before the levy was issued, releasing the lien would facilitate tax payment, an installment agreement has been established that does not permit the lien to continue, the lien would cause economic hardship preventing the payment of reasonable living expenses, or the value of the property exceeds the tax debt, and releasing the lien would not hinder the IRS’s ability to collect the debt.
If the IRS denies a request to release a lien, individuals have the right to appeal the decision. Seeking the assistance of a tax attorney or a qualified tax professional is indeed crucial when dealing with tax liens. They can provide guidance, help navigate the process, and represent your interests throughout the proceedings.
It’s worth noting that tax laws and procedures can vary, so it’s advisable to consult with a tax professional at Anderson Bradshaw who specializes in the relevant jurisdiction, such as South Dakota, to receive personalized advice and guidance based on your specific circumstances.
IRS Audit Defense
Audits are conducted by tax authorities to verify tax compliance and can be triggered by various factors such as errors in calculations, unreported income, or undisclosed foreign accounts.
Receiving an audit notice is an important event, and seeking legal assistance promptly is advisable to ensure proper guidance and representation throughout the audit process. Anderson Bradshaw, as a specialized firm, can provide the necessary assistance and representation for tax audits.
It’s important to note that audits generally have a time limit, often three years, during which tax authorities can review past tax returns. However, exceptions can be made for cases involving significant errors or fraudulent activity.
Tax laws and procedures can indeed vary, so consulting with a tax professional at Anderson Bradshaw or a qualified tax attorney who is familiar with the specific jurisdiction, such as South Dakota, is recommended. They can provide personalized advice and guidance based on the relevant tax laws and regulations.
Unfiled Tax Returns
South Dakota imposes penalties for various tax-related infractions, including underpayment, late filings, and late payments. Additionally, interest is charged on underpayments, late payments, and unpaid balances of assessments that are more than 30 days old. However, South Dakota state law also provides an automatic extension of six months for filing individual and fiduciary income tax returns.
In cases involving unfiled tax returns where the IRS becomes involved, federal failure to file penalties may apply. These penalties can be 5 percent of the net tax due per month or 0.5 percent for every month or part of a month that the tax remains unpaid, with a maximum penalty of 25 percent.
Filing tax returns promptly, even when late, is strongly encouraged by the IRS. It can help avoid additional interest and penalties, protect Social Security benefits, prevent complications when seeking loans, and reduce the risk of collection and enforcement actions.
Tax laws and regulations can be complex and subject to change. Therefore, it is advisable to consult with a tax professional or attorney who is knowledgeable about the specific tax laws and procedures of South Dakota or the relevant jurisdiction. They can provide personalized guidance based on your individual tax situation and the current tax laws and regulations.
Innocent Spouses
Innocent spouse relief is a provision that allows one spouse to be relieved of joint tax liability when the other spouse understated the taxes due on their joint return, and the innocent spouse did not know about the mistake.
To qualify for innocent spouse relief, the innocent spouse must demonstrate that they had no actual or constructive knowledge of the tax understatement and that it would be unfair to hold them responsible for the resulting tax debt. The IRS evaluates each claim carefully, considering factors such as the innocent spouse’s level of involvement in the couple’s finances and whether they benefited from the understatement.
There is a time limit for seeking innocent spouse relief, generally within two years after the IRS has initiated collection actions. However, there can be exceptions and specific circumstances that may impact the timeframe, so it’s crucial to consult with a qualified tax attorney or professional to understand the specific requirements in your case.
Obtaining innocent spouse relief can be a complex process, and seeking the assistance of experienced legal counsel is highly recommended. A tax attorney can provide guidance, help gather the necessary documentation, and represent the innocent spouse’s interests throughout the process to ensure the best possible outcome.
Contact Our South Dakota Tax Attorneys
Consulting the services of a tax attorney who specializes in South Dakota tax laws, such as those at Anderson Bradshaw, can indeed provide significant benefits when dealing with tax issues in South Dakota. Their expertise in South Dakota tax laws and regulations allows them to offer personalized guidance and representation tailored to your individual situation.
Tax attorneys who specialize in South Dakota tax laws have in-depth knowledge of the specific tax regulations and requirements in the state. They stay updated with any changes in the laws and can provide accurate and current advice that is specific to South Dakota.
A tax attorney from Anderson Bradshaw can assess your specific circumstances and provide personalized guidance tailored to your situation. They can analyze the relevant tax laws, help you navigate audits, tax disputes, or any other tax-related matters, and advise you on the best course of action based on your individual needs.
When dealing with tax issues, having someone who can protect your rights and advocate for your interests is crucial. A tax attorney will ensure that your rights are upheld throughout the process and that you are treated fairly by the South Dakota Department of Revenue and Regulation or the IRS.
They will effectively communicate and negotiate on your behalf to achieve the best possible outcome. Tax issues can be complex and overwhelming, and having a tax attorney by your side can provide valuable assistance and representation.
A tax attorney from Anderson Bradshaw can provide comprehensive assistance, including tax compliance, representing you in audits or disputes, assisting with tax planning, and helping you resolve any outstanding tax problems you may have. They will guide you through the process, handle communication with tax authorities, and work towards efficiently and effectively resolving your tax issues.
By consulting with a qualified tax attorney who specializes in South Dakota tax laws, such as those at Anderson Bradshaw, you can benefit from their specialized knowledge and experience. They will provide accurate and tailored advice specific to your situation, ensuring that you have the support and representation needed to effectively address your tax issues and work towards a favorable resolution.
Our tax attorneys provide IRS tax help for residents all over South Dakota including Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown, Mitchell, Yankton, Huron, Pierre, Spearfish, and more. Call (877) 986-1156 or contact our South Dakota tax attorney online to receive a free consultation.
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