Tax Litigation in New York City
& Finding a Tax Litigation Lawyer
Tax litigation is the process of resolving tax disputes through the courts. People in New York may pursue tax litigation for various reasons, including disagreements with the government over tax liability, issues with the collection of taxes, or problems with the enforcement of tax laws. Tax litigation can be a complex and time-consuming process, but it can also be an effective way to resolve tax disputes. For individuals and businesses struggling with tax issues, tax litigation may provide the best opportunity to resolve disputes and get the relief they need.
Different Types of Tax Litigation and What They Entail
Tax litigation is the process of resolving disagreements between taxpayers and the government. There are two main types of tax litigation:
- Administrative tax litigation involves disputes that are resolved through the administrative process, such as audits or appeals.
- Judicial tax litigation refers to disputes that are resolved through the courts. The most common type of judicial tax litigation is a lawsuit, which can be filed in either federal or state court.
Taxpayers can also file for a declaratory judgment, which is a ruling from the court that determines the legal interpretation of tax law. In some cases, taxpayers may also seek injunctive relief, which is a court order that prevents the IRS from taking certain actions, such as levying taxes or seizing property. No matter what type of tax litigation you’re facing, it’s important to consult with an experienced tax attorney who can help you navigate the process and protect your rights.
How To Choose the Right Type of Tax Litigation for Your Situation
There are many different types of tax litigation, and it can be challenging to choose the most applicable to your scenario. Here are a few things to keep in mind when making your decision.
First, consider the amount of money at stake. If you stand to lose a significant amount of money, you may want to consider hiring a lawyer who specializes in tax litigation. This may initially seem like a hefty upfront cost, but it could save you money in the long run. Calculate the potential costs and benefits of litigation to help you decide whether to pursue it. Most often, the amount in dispute will determine whether it’s worth pursuing litigation.
Next, think about the complexity of your case. If you have a very complex tax situation, consider hiring a lawyer who has experience dealing with similar cases. There is a lot of value in having someone who has already completed similar successful cases. Leveraging best practices can help you save time and money by avoiding mistakes that have already been made in the past.
Finally, consider the time frame in which you need to resolve the case. If you need to resolve the case quickly, consider hiring a lawyer who specializes in expedited tax litigation. This can make the difference between a quick resolution and a long, drawn-out process of handling it yourself.
Deciding whether to hire a New York lawyer for tax litigation can be difficult. However, if you keep these factors in mind, you should be able to make the best decision to maximize your success.
Steps in Pursuing Tax Litigation and What You Can Expect
The first step in any tax litigation case is to file a petition with the Tax Court. This is followed by a formal exchange of documents and information between the parties, called discovery. During discovery, both sides will have an opportunity to gather evidence and build their cases. After discovery is complete, the case will go to trial, where a judge will hear testimony from both sides and make a final decision. If either party is unsatisfied with the trial’s outcome, they may appeal the decision to a higher court. Throughout the process, it is vital to have experienced legal representation to keep an eye on the legal proceedings and confirm that everything is advancing in your favor.
How Delia Law Can Help With Tax Litigation in New York
Delia Law is a boutique tax law firm specializing in tax litigation throughout the New York community. Our team of experienced lawyers has a deep understanding of the tax code and the legal process, and we’re dedicated to protecting our clients’ rights. We have years of taking on both the IRS and the state of California in tax litigation cases, and we’re ready to put our New York experience to work for you. The best practices for success in tax litigation cases are constantly evolving. Delia Law stays at the forefront of these changes to ensure we provide our clients with the best representation.
If you’re facing an audit or tax dispute, we encourage you to connect with us today. We’ll work with you to understand the details of your case and develop a strategy to achieve the best possible outcome. Once we take on your case, you can rest assured we’ll handle everything from start to finish, so you can focus on what’s important to you. Contact us today to learn more about how we can help you with your tax litigation needs.
New York-Specific Tax Laws
New York residents are required to pay taxes on income that was earned as well as for federal taxes. In fact, some people who don’t even live in New York must pay state taxes. If you lived elsewhere but acquired the money through a source in New York, you must pay state taxes on that income.
There are four main types of taxes in New York:
- State income tax. New York State has a graduated income state tax, which means your tax rate increases as your income increases. The state’s tax rates range from 4% to 10.90%. For example, if you make under $8,500 annually, you will only be subjected to a 4% tax rate. However, if you make $25,000,001 and over, you are now facing the higher end of the state’s tax bracket at 10.90%.
- Local tax. The local tax is a county-specific tax, and the rates also differ based on income. For example, in Tompkins County, the local tax rate is 4%. In contrast, in Suffolk County, the rate is 4.25%. The variation in local tax rates can make a significant difference in the overall amount of taxes you owe.
- City tax. City taxes are only applicable to those who live or have earned money in New York City. This applies to individuals, trusts, estates, partnerships, S-corporations, and corporations. The city tax rate is 3.078%, 3.762%, 3,819%, and 3.876% depending on the bracket your income qualifies for.
- Corporate tax. If you are a business owner, you are also required to pay corporate income tax. The tax rate on your corporate income ranges from 6.50% to 7.25%. These taxes generated from businesses is one of the main sources of revenue for the state of New York, and it helps to fund many of the state’s programs and services that benefit its residents.