NEW YORK BUSINESS & INDIVIDUAL TAX PLANNING & AUDIT ATTORNEYSProtect your home, your family, your income and your business from cruel and aggressive tax collection authorities
New York City and State Tax Controversies
New York taxes are confusing. We get it…
New York has some of the most complex tax laws in the nation. From personal income tax, to sales tax, to payroll withholding, among other matters…dealing with the New York State Tax Department can feel overwhelming. If you reside or conduct business in New York City, it can seem even more so.
Perhaps you’ve received a notice from New York State regarding a tax liability, upcoming audit, or your New York State or New York City residency. Maybe you haven’t filed a New York state individual or business tax return for a certain period, or did so incompletely. You want to resolve things, but don’t know how to proceed – or where to start.
We are experienced New York State tax attorneys who understand the law and want to help you. We will analyze your specific situation, advise a reasonable and efficient course of action, and advocate for you every step of the way.
Our New York State tax services include, but are not limited to:
Individual and Business Tax Audits
You or your business may be audited by New York State for any reason – or for no reason at all. We strive toward swift resolution of income, sales, payroll and other tax audits.
NYS and NYC Residency Audits
We navigate complex tax law pertaining to New York State residency so as to correctly determine your filing status as a resident, part-year resident, or non-resident.
If you disagree with the findings of a New York State tax audit, the recommended first step is to seek to arrange a conciliation conference with the Department of Taxation’s Bureau of Conciliation and Mediation Services. We can assist you in pursuing this.
We help you determine whether voluntary disclosure is the best option if you failed to file New York State tax returns for past periods or are otherwise in noncompliance.
Sales and Use Tax
New York State sales tax audits are very serious and could result in substantial interest, personal liability and possible criminal penalties. Let us help you resolve your sales tax audit.
Responsible Person Assessments
New York State may hold you personally liable for your business’ unpaid withholding or sales taxes, regardless of your stake in ownership of the business. Contact us if you have been assessed as a responsible person by the New York State Department of Taxation and Finance.
LLC Responsible Person Assessment
New York State tax law is particularly strict regarding limited liability companies (LLCs). Members of an LLC, regardless of level of involvement in a business’ day-to-day affairs, are held personally responsible for unpaid sales taxes. If this applies to you, you may be eligible for relief under certain circumstances. Contact us for more information.
Warrants, Levies, and Seizures
As part of collection activity, the New York State Tax Department can impose a levy on your bank account, garnish your wages, and/or seize your property. Please reach out to us if you are met with this worrisome situation so that we can examine your options.
Installment Payment Agreements
You may be able to pay your outstanding New York State tax liability over time, avoiding levies and garnishments. Contact us to discuss whether an Installment Payment Agreement (IPA) is the right solution for you.
Offers in Compromise
Under the New York State Offer in Compromise program, the State may settle with a taxpayer for less than the full amount due on a tax liability. We can help you determine whether this process would apply in your specific circumstances.
Driver’s License Suspension
Your New York State driver’s license can be suspended if you owe delinquent taxes. This is an important reason not to delay in resolving your state tax debt. Contact our office for a consultation.
IRS Tax Controversies
Dealing with the IRS can be scary…but it doesn’t have to be.
If you’ve received correspondence from the IRS regarding an audit, unpaid taxes, and/or collection activity…if you haven’t filed personal or business tax returns for a certain year, or years…if you are married, and discover you are responsible for tax liabilities you knew nothing about…you are likely very concerned.
Many people, paralyzed with worry and fear, choose to do nothing about an issue with the IRS, ignoring their calls and mailings and hoping the situation will go away. This doesn’t work. The IRS has substantial and significant means at its disposal to collect monies owed, and the longer you wait to address these matters, the bigger and more serious they will grow.
There are numerous IRS programs in place to help taxpayers in the types of situations described above, but in order to take advantage of these, you need to act immediately. Our team of highly experienced attorneys is here to assess your specific circumstances, advise you on the most reasonable actions to take, and advocate on your behalf. Our objective is to resolve your issue in the most efficient, cost-effective, and stress-free way possible.
Our federal tax services include, but are not limited to:
Individual and Business Tax Audits
An IRS audit can be very document-intensive and difficult to navigate. As the consequences of delinquency can be severe, the experience is also extremely stressful for the taxpayer. Let us advocate for you.
Penalty Abatement Requests
In certain cases, you may dispute penalties imposed by the IRS. The grounds for a penalty abatement are highly specific, however. We can help you determine whether you might qualify for this type of relief.
Assistance for Non-Filers
If you fail to file a tax return for a given year, the IRS may generate one for you, eliminating the opportunity for you to claim deductions and credits and resulting in a higher tax liability. The IRS may then start collection action, which could result in a wage garnishment, freeze on your bank account, or lien on your property. If you are delinquent in filing, please contact us. We can assist you in becoming current.
Federal Tax Liens
The IRS can file a lien for unpaid taxes on your property, including real estate, financial assets, and your business’ accounts receivable. Federal tax liens are public and remain on your credit report for seven years. Contact us if you are facing a tax lien so that it can be resolved and its impact on you and/or your business reduced.
Levies and Wage Garnishments
In order to satisfy a tax debt, the IRS can issue levies on your property. This can result in frozen bank accounts, garnishment of wages, and/or seizure of your real estate and/or vehicle(s). IRS levies can severely impact a taxpayer’s life. If you owe back taxes, contact us immediately to avoid levies or to address levies that currently exist.
Collection Due Process Hearings
If you receive a collection notice from the IRS, such as a Notice of Federal Tax Lien Filing or a Final Notice of Intent to Levy, contact our office. We can determine whether you are eligible to file a request for a Collection Due Process (CDP) Hearing, which can allow you time to voluntarily resolve your liability.
Installment Agreements and Partial Pay Installment Agreements permit a taxpayer to pay an outstanding IRS tax liability over time. Each of these payment plans requires an application process, which we are able to assist with. Contact us to discuss your specific situation.
Offers in Compromise
An IRS offer in compromise can be made in certain circumstances, but a thorough review of your finances – including existing assets as well as anticipated future income – will likely be conducted by before the IRS accepts such an offer. If you are interested in an offer of compromise, we can review your finances and determine whether such an offer would be feasible in your case.
Trust Fund Recovery Penalties
An IRS Trust Fund Recovery Penalty holds an officer, board member, employee, shareholder or other individual personally responsible for a business’ failure to remit payroll withholding taxes. If you have been or may be assessed this penalty, please contact us – we may be able to help.
Innocent Spouse Relief Claims
If a married couple files joint federal tax returns, each spouse is personally liable for all taxes, interest and penalties. Innocent Spouse Relief can relieve one spouse from some or all of this liability if certain qualifications are met. If you feel this may apply to you, please reach out to us.
Bradley R. Bailyn, Esq. , Founder
Bailyn Law provides comprehensive legal and advisory services to closely held and family businesses seeking to capitalize on opportunities, avoid or mitigate risks and create long-term stability through good management and diligent business decisions. We help owners and directors structure successful transactions to improve profitability and liquidity including purchasing and selling entire companies or certain assets, restructuring the ownership, management and operations of the business, raising capital or entering joint venture agreements. We serve as general counsel for our clients, fulfilling daily needs and building long-term relationships of trust and confidence.
How can we help you?
The Bailyn Law Firm, P.C
6301 Mill Lane
Brooklyn, NY 11234
One Rockefeller Plaza, Tenth Floor
New York, NY 10020
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