Experienced Tax Lawyers in Scottsdale Serving the Greater Phoenix Area
Tax Litigation • Tax Audit Representation • Collections • Innocent Spouse Relief
At the office of Silver Law PLC, in Scottsdale, Arizona, we have over 70 years of combined experience protecting the rights of individuals and businesses involved in tax controversies. Because all of our attorneys formerly worked for the Internal Revenue Service, we have a comprehensive understanding of both sides of a tax dispute. We know how tax authorities handle different types of issues and will use our knowledge and skill to protect your interests.
To set up a confidential consultation, contact our office or call us at 602-714-1878 (toll-free at 888-339-3712) to schedule an appointment.
Our Practice
We focus our practice on local, state and federal tax matters, providing counsel in:
- Tax litigation. We represent individuals and business in disputes involving tax liability, including civil and criminal matters. We will protect you at all stages of a civil or criminal tax dispute, from the grand jury administrative proceeding through court appeals.
- Tax audit representation. We work with individuals or businesses throughout the audit process, whether you have just received notice of an impending audit or would like to appeal the findings of a recently completed audit.
- Tax collections. We protect the rights of individuals and businesses facing tax collection efforts, helping you negotiate an offer in compromise or an installment payment plan, whenever possible, or defend against an attempt to place a lien or levy on your property. We also handle tax collection efforts involving employment taxes, such as withholding, FICA, Social Security and sales tax.
- Innocent spouse relief. We assist spouses who face tax assessments, fines or penalties because of wrongful or illegal acts by their spouses or former spouses.
- 2011 Offshore Voluntary Disclosure Initiative (OVDI)
The Internal Revenue Service announced on February 8, 2011 a special voluntary disclosure initiative designed to bring offshore money back into the U.S. tax system and help people with undisclosed income from hidden offshore accounts get current with their taxes. The new voluntary disclosure initiative will be available through Aug. 31, 2011.
"As we continue to amass more information and pursue more people internationally, the risk to individuals hiding assets offshore is increasing," said IRS Commissioner Doug Shulman. "This new effort gives those hiding money in foreign accounts a tough, fair way to resolve their tax problems once and for all. And it gives people a chance to come in before we find them."
The IRS decision to open a second special disclosure initiative follows continuing interest from taxpayers with foreign accounts. The first special voluntary disclosure program closed with 15,000 voluntary disclosures on Oct. 15, 2009. Since that time, more than 3,000 taxpayers have come forward to the IRS with bank accounts from around the world. These taxpayers will also be eligible to take advantage of the special provisions of the new initiative.
"As I've said all along, the goal is to get people back into the U.S. tax system," Shulman said. "Combating international tax evasion is a top priority for the IRS. We have additional cases and banks under review. The situation will just get worse in the months ahead for those hiding assets and income offshore. This new disclosure initiative is the last, best chance for people to get back into the system."
The new initiative announced today - called the 2011 Offshore Voluntary Disclosure Initiative (OVDI) -- includes several changes from the 2009 Offshore Voluntary Disclosure Program (OVDP). The overall penalty structure for 2011 is higher, meaning that people who did not come in through the 2009 voluntary disclosure program will not be rewarded for waiting. However, the 2011 initiative does add new features.
For the 2011 initiative, there is a new penalty framework that requires individuals to pay a penalty of 25 percent of the amount in the foreign bank accounts in the year with the highest aggregate account balance covering the 2003 to 2010 time period. Some taxpayers will be eligible for 5 or 12.5 percent penalties. Participants also must pay back-taxes and interest for up to eight years as well as paying accuracy-related and/or delinquency penalties.
Taxpayers participating in the new initiative must file all original and amended tax returns and include payment for taxes, interest and accuracy-related penalties by the August 31 deadline.
The IRS is also making other modifications to the 2011 disclosure initiative.
Participants face a 25 percent penalty, but taxpayers in limited situations can qualify for a 5 percent penalty.
The IRS also created a new penalty category of 12.5 percent for treating smaller offshore accounts. People whose offshore accounts or assets did not surpass $75,000 in any calendar year covered by the 2011 initiative will qualify for this lower rate.
The 2011 initiative offers clear benefits to encourage taxpayers to come in now rather than risk IRS detection. Taxpayers hiding assets offshore who do not come forward will face far higher penalty scenarios as well as the possibility of criminal prosecution.
"This is a fair offer for people with offshore accounts who want to get right with the nation's taxpayers," Shulman said. "This initiative offers them the chance to get certainty about how their case will be handled. Just as importantly, those who truly come in voluntarily can avoid criminal prosecution as well."
The IRS is handling processing of the voluntary disclosures in centralized units to more efficiently process the applications.
In the first voluntary disclosure program in 2009, taxpayers faced up to a 20 percent penalty covering up to a six-year period. Taxpayers came forward with about 15,000 voluntary disclosures in that effort covering banks in more than 60 countries.
Shulman said IRS efforts in the international arena will only increase as time goes on.
"Tax secrecy continues to erode," Shulman said. "We are not letting up on international tax issues, and more is in the works. For those hiding cash or assets offshore, the time to come in is now. The risk of being caught will only increase."
Contact Us
Contact us online or call us at 602-714-1878 (toll-free at 888-339-3712) to arrange an appointment for a private consultation. Our office is open Monday through Friday from 9 am until 5 pm; evening and weekend appointments are available upon request. We are located north of the Fashion Square Mall in Scottsdale.