Tax Litigation in San Diego

& Finding a Tax Litigation Lawyer

Tax litigation is the process of resolving tax disputes through the courts. People in San Diego 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 San Diego 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 San Diego

Delia Law is a boutique tax law firm specializing in tax litigation throughout the San Diego 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 San Diego 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.

California-Specific Tax Laws

California residents are subject to some of the highest taxes in the nation. The same applies to businesses operating in the state or people living outside of California but earning income from the state.

There are four main types of taxes in California:

  • State income tax. For state tax in California, the tax rate for those filing as a married couple range from 1% to 12.3%, depending on the income bracket. If you make under $18,650, you are only required to pay 1% of your income in state taxes. However, the other end of the spectrum imposes a 12.3% tax rate on annual salaries of $1,250,739 or higher. There is also a 1% mental health service tax that is imposed on anyone making more than a million dollars a year.
  • Local tax. At the local level, the amount you pay locally depends on the county and city in which you reside. There are a total of 58 counties in California, each with its own tax rate. For example, in El Dorado County, the tax rate is 0.25%, while in Orange County, the tax rate is also 0.25%, but with an additional 1.5% added in for local school taxes.
  • Corporate tax. The corporate tax rate in California is 8.84%, which is higher than average nationally. These taxes are imposed on the majority of businesses, regardless of whether they are based in California or operate in the state.

Sales tax. In terms of sales tax, there is a statewide rate of 7.25%, which is again higher than average. However, some areas have rates as high as 10%. These taxes are generally imposed on retail items. Residents and shoppers of the state do get relief from sales tax on some essential items, such as no tax on groceries and prescription drugs, as well as reduced tax rates on clothing, prepared food, and over-the-counter medications.

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