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I Have a Multistate Tax Issue. Should I Represent Myself or Have Somebody Else Represent Me?

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Key Takeaways

  • Should I hire a CPA or should I hire a tax attorney?
  • So the answer to that is it depends on what the situation is.
  • That depends on the cast of characters on your team and what their level of experience is and it depends on how you want to solve the problem.

Should I hire a CPA or should I hire a tax attorney? So the answer to that is it depends on what the situation is. That depends on the cast of characters on your team and what their level of experience is and it depends on how you want to solve the problem. So what I will say generally is with people within an organization and with CPAs, a lot of those people don’t have sufficient multi-state tax background. Just because I’m a tax attorney doesn’t mean I’m an estate planning specialist or I know a whole bunch about estate tax. It doesn’t mean I know a whole bunch about foreign transfer taxes. There’s a variety of things that are tax that are not in my wheelhouse as a tax attorney. Multi-state taxation is something that’s in my wheelhouse but the reason it’s in my wheelhouse is because I practice in this area of law and I do this all the time for clients who are multi-state businesses. A lot of CPAs and a lot of internal company people don’t have that level of experience so regardless of who you decide to hire, you want to make sure that you’re hiring somebody with sufficient experience to solve the problem. Now in a lot of cases, not all cases, but tax attorneys generally cost more than CPAs. We usually bill out at a higher rate so it’s also important to assess the problem and determine what solution you need. If it’s a simple reporting issue and you have a good multi-state CPA, that person might be the most appropriate person to handle it. Alternatively if you’ve got somebody in your company who has run a multi-state tax department or who has a background, you’re probably better handling it in house but the problem with multi-state taxation is it’s not just about the law. The law is complicated because you’re dealing with multiple jurisdictions. It’s about the procedure and it’s about how states handle collections and enforcement action against taxpayers that are outside of their jurisdiction and it’s about understanding the playing field. On the landscape of that, oftentimes what I usually recommend is a multi-prong approach. I’m a big believer in efficiency for companies so what I tell them is look, engage with the tax attorney, figure out what the strategy is and then outsource the execution of that strategy to where it makes the most sense. So a lot of multi-state clients, for example with our firm, come in for consultations. They’ll sit down with me, we’ll go through 60 or 90 minutes and we’ll develop a strategy and then they walk out of the office or hang up the phone and we’ll take that strategy to their internal people or to a CPA and help them execute it. So when making this decision, you want to make sure that whoever you’re going to have lead the team has the appropriate level of experience and then try and subdivide the work among who it makes the most sense to. Some people prefer to have our office handle everything and that’s okay but what I try and do for our clients is promote efficiency and really it’s about spreading and dividing labor between those three buckets of people on your team and doing what makes the most sense for your organization.

How Much Is it Going to Cost for Brotman Law to Defend Me on My Multistate Tax Issue?

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You know, well that’s a broad question. It obviously depends on the facts, depends on how much trouble you’re in and it depends on how much work we’re going to do. So the answer to that is I can’t tell you off the bat but what I will tell you is my hourly billing rate is $525 an hour, our junior paralegal bill is at $150 an hour and then the rest of our attorneys and staff are somewhere in between. For most multi-state taxation issues the important part is strategy. So a lot of clients come to us and we’ll do a consultation we do a paid consultation. We’ll sit down for 60 or 90 minutes and we’ll develop a strategy and then in some cases, that client can just go off and execute that strategy and they don’t need us any further. Some clients after that strategy session, after we’ve built the plan, want us to stay and help execute the plan for one reason or another. So in those situations we usually bifurcate the work between our senior attorneys which are anywhere between $350 and $525 an hour and then our paralegals which are anywhere between $150 and $225 an hour. From a cost perspective the most important thing that I like to stress is efficiency. So I certainly don’t want to bill anybody any more than I have to. I don’t want to bill them any less than what it takes to get the job done but I’m a small business owner myself and trust me, I understand cost. One of the benefits of the way that I look at cost is I’m approaching this from a small business perspective. I want to make sure clients are getting value for the services that we’re providing. I want to make sure that

Key Takeaways

  • You know, well that’s a broad question. It obviously depends on the facts, depends on how much trouble you’re in and it depends on how much work we’re going to do.
  • when we’re assigning work as a firm that the lowest person on the totem pole so to speak that’s capable of doing that work is the one doing that work. The good news is because we handle a lot of multi-state tax issues, we’re usually very efficient.

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Generally, What Is the Firm’s Strategy in a Multi-State Tax Matter?

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Key Takeaways

  • So if you’ve watched some of the other videos in the series, I think you’ve kind of gotten a flavor for how I look at multi-state tax issues but let me just summarize.
  • Number one I don’t believe in just jumping in.
  • What I believe in is really taking the time to develop a strategy that makes sense for a business.

So if you’ve watched some of the other videos in the series, I think you’ve kind of gotten a flavor for how I look at multi-state tax issues but let me just summarize. Number one I don’t believe in just jumping in. What I believe in is really taking the time to develop a strategy that makes sense for a business. I run a small business myself, I’m aware of the challenges that come with businesses and I’m aware that the legal decisions that get made for a company aren’t the driving factor. A lot of times the business has to do what’s best for itself, so my approach is always business first. It’s about taking legal decisions or tax decisions and framing that into what makes the most sense for the business. You know I’m certainly going to argue for being in compliance, I’m certainly going to argue for mitigating risk from a legal perspective, but I’m not going to sacrifice the profitability of a business. To do that we’re going to have to find a compromise sometimes. So our approach generally is about building a strategy and then really it’s about the efficiency in execution of that strategy. It’s about taking the client’s resources, whether they’re a small company or whether they’re a multi multi-million dollar corporation, it’s about taking those resources, it’s about taking the resources of the CPA firm that they have, about taking the resources of any bookkeeping that they have whether internally or externally, and the way that I look at this from our firm’s perspective is we’re kind of the quarterback of the team. The client is in charge of dictating what needs to be done but we go out and we help execute that. We’ll certainly offer advice, we’ll certainly offer guidance and direction and what we think is best in order to help our clients make the best decisions they can, but the client runs the show and it’s our job to not only execute the strategy that they want us to, but do so in the most efficient way. It’s not about just plugging away and getting things done although that certainly is important. The important thing is what is the best thing for the business, where is the business best served by taking the strategy that we’ve developed in step one and translating that across the business? Is there way that we can implement the tax strategy into the client’s sales process so that the salespeople or the resources that the client has are keeping them out of trouble? What are other ways we can work with the client’s business processes to make sure that what we’re doing is most effective? And then most commonly with multi-state issues, where are areas that we can save the client money? There are a lot of areas that most clients miss when they do that. So oftentimes, clients will retain us on a matter and what we try and do with our expertise is to bring as much value as we can to that individual client situation. We’re always a fan of trying ideas, of trying to mitigate costs and try to do the best thing for our clients so that’s generally the approach that we take when we handle a multi-state tax matter.

Why Should I Hire Brotman Law to Represent Me With My Multi-State Tax Issue?

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Key Takeaways

  • Multi-state taxation is one of our primary practice areas and it’s kind of our jam.
  • It’s something that we pride ourselves on because multi-state taxation is a very complex area.
  • It’s a very fast changing area and it’s an area that we provide a lot of value for our clients, so we live and breathe in this world.


Multi-state taxation is one of our primary practice areas and it’s kind of our jam. It’s something that we pride ourselves on because multi-state taxation is a very complex area. It’s a very fast changing area and it’s an area that we provide a lot of value for our clients, so we live and breathe in this world. Both me, the rest of our senior attorney team and all of our staff are very familiar with helping clients through these difficult situations. We really excel at this for a variety of reasons but the one I would point to  first and foremost is that it’s not that we just understand the tax law – anybody can understand the law – but where we excel is we really understand the procedure. We understand not only the way the law is written, but how that law is enforced and how enforcement varies from a state like California to one like Alabama or Wyoming or Tennessee. So in looking at this from a landscape perspective, we can really help our clients understand and navigate risk. The other reason that we’re very good at this and why we excel at multi-state taxation is our firm focuses on the business first. Most of our clients are businesses or business owners. A lot of our clients are businesses outside the state of California and we deal with businesses in a lot of different industries. We deal with professional services businesses, we deal with manufacturers, we deal with retail we deal with hospitality, and we deal with all sorts of businesses across the country so we’ve really developed a knowledge of not only what we can do for a client from a tax perspective, but we take the time to understand our clients and their business processes so that we’re recommending strategies that make sense. We can have the best tax plan in the world and if it doesn’t make business sense for the client, it’s not a good solution so we look at this from business first. We try and minimize risk. We try and minimize waste, we try to minimize cost and we try to maximize efficiency and value. We’re doing that by looking at it from a business lens versus a legal lens and I think that’s very important. It’s one thing that really distinguishes us as a firm because a lot of lawyers don’t know how to run a business. A lot of lawyers aren’t sensitive to cash flow, they’re not sensitive to the fact that a company may be operating with limited resources and they’re not sensitive to the fact that certain things just don’t make sense for an organization. So when we approach a multi-state tax issue, we’re really going for focus first and I think that’s a philosophical difference that we have with a lot of law firms and why we’ve been so successful in this arena. You know what I would encourage you to do is let’s have a conversation. Let’s sit down. Let’s talk about where your company is at. Let’s talk about some of the challenges that you think that you’re facing. Let me offer my input into the some of the challenges that you may or may not be aware of and then let’s try and work out a solution. Then if you need us going forward, you’re more than welcome to retain us.

What Is the Criminal Investigation Division of the IRS?

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Key Takeaways

  • Well the Criminal Investigative Division is exactly what it sounds like: it is the central investigative body charged with investigating and building cases against people who are charged with tax c…
  • So Criminal Investigation works with a variety of different agencies to help build up the tax side of a case.
  • For example, they can work with the FBI they can work with Homeland Security, they can work with a variety of different agencies to help build and prosecute those who cheat on their taxes.

Well the Criminal Investigative Division is exactly what it sounds like: it is the central investigative body charged with investigating and building cases against people who are charged with tax crimes. So Criminal Investigation works with a variety of different agencies to help build up the tax side of a case. For example, they can work with the FBI they can work with Homeland Security, they can work with a variety of different agencies to help build and prosecute those who cheat on their taxes. Now the reality of the situation is that the Criminal Investigation Division is a very small unit but they’re a very focused unit. So the way that the government sends a message to tax criminals is with a very high conviction rate and currently the US Attorney’s Office (when it comes to tax crimes) enjoys a 90 percent conviction rate. That’s pretty staggering and the reason they’re able to enjoy that that big of a conviction rate is because of the work that the Criminal Investigation Division does. Criminal Investigative cases often take a very long time to develop but once they do, they’re very focused. They’ve usually got the people in their sights and they’re very thorough investigations, so that’s what the criminal investigative unit is, that’s what it does and that’s why you should be concerned about when they’re involved in your matter.

How Does the IRS Choose the Cases It Is Going to Prosecute Criminally?

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Key Takeaways

  • So that’s why a lot of the times you’ll see celebrities targeted for tax investigations because by putting a celebrity behind bars or subjecting them to a criminal prosecution, it’s going to send a…
  • So one of the big problems with the criminal investigative unit is payroll tax.
  • They’ve been going after a lot of payroll tax cases recently in order to put a stamp on payroll tax compliance and send the message that if you don’t comply with the payroll tax laws in the US, you…

So the IRS has very limited resources when it comes to criminal investigations and it’s very selective about the cases that it shares so oftentimes it chooses cases based on wanting to send a message to the general population about cheating on their taxes. So that’s why a lot of the times you’ll see celebrities targeted for tax investigations because by putting a celebrity behind bars or subjecting them to a criminal prosecution, it’s going to send a message to the general populace. A lot of the times you see prominent figures within a community or politicians being prosecuted for tax cases and again it’s about sending the same message but the IRS also has enforcement priorities and it has enforcement priorities on the criminal investigative side. So one of the big problems with the criminal investigative unit is payroll tax. They’ve been going after a lot of payroll tax cases recently in order to put a stamp on payroll tax compliance and send the message that if you don’t comply with the payroll tax laws in the US, you can get prosecuted criminally. Similarly right around April 15th every year you’ll go to the Department of Justice’s website and you’ll see a whole bunch of press releases because they put a bunch of tax preparers in jail or they indict them. That’s another thing – tax preparers are a huge source of problems for the IRS. So the criminal investigative unit really picks and chooses its cases. If you become aware that a CIA agent is investigating you, you have to be very careful for that particular reason because their investigations are so focused, because they’re so targeted, because so much goes into these investigations and because they’re so selective. They really make sure they take every effort possible to get their man, to get their woman and put them behind bars so when there’s a CI case you have to be very careful because you have to understand they have a lot of discretion over which cases that they process.

What Should I Do If I Believe I Am Under Investigation by the IRS?

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So if you’re watching this video and you believe that you’re being investigated criminally by the IRS, you probably have a good sense of why you’re being investigated and depending on how certain you are of this, you need to stop right now. You need to call an attorney and you need to retain a criminal tax attorney to help you. The reason for that is criminal investigations are multi-year investigations. They’re very focused, they’re very detail-oriented and the criminal agents that work these cases put in a lot of time. Often when the subject of these investigations or the target of these investigations become aware that a criminal agent is looking into their conduct, it’s already too late because the government is very far along on the case. They’ve started either contacting third party witnesses, they’ve contacted the subject or target directly, or they’ve taken other action to make their presence known. They don’t make their presence known unless they’re pretty far along in their case. In the beginning they go knock on somebody’s door, but know they’re working behind the scenes. They’re looking at tax returns that were filed, they’re looking at other source documents, they’re looking at information, they’re pulling bank records and they’re building a case. Only after they’ve built that case and they’re certain or fairly certain that they’re going to attain a conviction do they go out in the field and start collaborating. So by the time you become aware that a criminal agent is on to you they may be very very far along or you may be almost the point

Key Takeaways

  • So if you’re watching this video and you believe that you’re being investigated criminally by the IRS, you probably have a good sense of why you’re being investigated and depending on how certain you are of this, you need to stop right now.
  • where you’re going to get indicted. That’s why it’s important to stop, to get a tax attorney involved, get a criminal tax attorney who knows what they’re doing and to build a strategy to figure out why they’re looking at you and what you can do about it.

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What Should I Do If I Am Visited by a Special Agent?

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Key Takeaways

  • So you ever heard that phrase you have the right to remain silent?
  • Exercise your right to remain silent.
  • Don’t talk to the special agent, get the special agent’s card.

So you ever heard that phrase you have the right to remain silent? Exercise your right to remain silent. Don’t talk to the special agent, get the special agent’s card. They travel in pairs so you’ll often be visited by two of them. But get the special agent’s card and say I’d like to consult with my attorney and I’ll call you back even if you’re not a subject or a target of an investigation. Even if you’re just a witness, it’s important that you don’t expose yourself to liability. By no means should you consent to an on-the-spot interview or start answering questions. The special agent will try and push you to do that, because their job is to get as much information out of you as possible but it’s very important that you take a pause. Realize that you’re talking to a criminal investigative agent (the people that carry badges and guns) and step away from the situation. Hire a third party, have somebody intercede on your behalf or at least take a pause and figure out what this is about. Once you do that, then you can go into your special agent interview prepared. You can go in willing to answer the questions that they’re asking or you can decide which questions you’re not going to answer because you may be potentially at risk and you’re going to want to gauge the interview. So that’s really really important. You want to make sure that you are approaching the situation with the degree of caution that it deserves. Be very careful around special agents – these are the people that build cases to put people in jail, so take a pause, review the situation and then only act when you’re certain that you know what the outcome is going to be.

What Does the IRS Criminal Investigation Process Look Like?

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Key Takeaways

  • So there are two answers to this question.
  • Number one is “What does the IRS criminal investigation process look like from the IRS site?” and number two “What does it look like?” So from the IRS side of things, the criminal investigation pro…
  • The IRS doesn’t just sit in their office and pick people at random to initiate criminal investigations.

So there are two answers to this question. Number one is “What does the IRS criminal investigation process look like from the IRS site?” and number two “What does it look like?” So from the IRS side of things, the criminal investigation process begins with a referral. The IRS doesn’t just sit in their office and pick people at random to initiate criminal investigations. What usually happens is a referral will come into the criminal investigative unit either through an audit or through a collections officer or through a whistleblower or through some other third party government investigation. So CI will take that lead and they’ll examine the information that’s being presented in the referral and then decide whether they want to devote investigative resources to looking at that case or not. If they do decide that they want to devote investigative resources then CI invokes on a fact-finding mission. So CID cases take many years to build in a lot of cases and so what they’re doing is they’re constantly looking for information. They’re trying to develop a case and the goal is when CI puts a case in the hands of a United States attorney, that US attorney has every tool they need in order to secure a conviction. So CI agents take their time. They’re very meticulous, they’re very careful and it’s only after they take great care and caution that they let their investigation be known to the public or to the subject or target of that investigation. The client may or may not be aware that CI is involved.

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How Long Does an IRS Criminal Investigation Take?

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Key Takeaways

  • How long do IRS criminal investigations take?
  • So they’re multi-year processes, they take a long time, and they usually end up with CI trying to get the results thereafter unless somebody steps in and stops.

How long do IRS criminal investigations take? So the IRS really picks and chooses its cases. And criminal investigations are very personal to the agents that work them. The IRS gives their criminal agents a lot of freedom to build and develop their cases. What the government wants is when it brings criminal tax charges is to be able to secure conviction.

So it gives its agents the license to work as much as they need to, within reason, to build the best case they can, to turn it over to the U.S. attorney in order to secure a conviction. So as a result of that, criminal investigations can take years. There’s a lot of fact-finding. There’s a lot of developing of the information. There’s a lot of witness interviews. There’s a lot of third parties. And they’re really trying to build as much of a case as possible so that they can get to the point where once you’re caught, you’re caught. The problem with criminal tax cases in particular is the conduct may be several years old. I mean, you know, we’re in 2020 right now, we could be dealing with charges that stem from 2013 or 2014. I mean, these charges are old, but these cases take a long time to develop. And when they sit there and they marinate, then you get to the point where they know that they’ve got you because they’ve interviewed all the witnesses in the case, they have gathered all the evidence in the case, and they’re basically ready to convict you long before you step into a courtroom.

So they’re multi-year processes, they take a long time, and they usually end up with CI trying to get the results thereafter unless somebody steps in and stops.

Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California