Best Tax Lawyers in Flushing
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Find a Lawyer in FlushingAbout Tax Law in Flushing, United States
Tax law in Flushing combines federal rules administered by the Internal Revenue Service and state and city requirements administered by New York State and New York City offices. Residents and businesses in Flushing generally face federal income and payroll taxes, New York State income and sales taxes, and New York City resident taxes and property tax rules when they own real property. Small businesses in Flushing also deal with sales tax collection, payroll withholding, and potentially New York City business taxes. Because Flushing is a culturally and linguistically diverse neighborhood in Queens, tax issues often involve recent immigrants, cross-border income, and multilingual assistance needs. Typical legal matters include audit defense, unpaid tax collection, tax planning, property tax assessment disputes, sales tax issues, payroll tax problems, and criminal tax investigations.
Why You May Need a Lawyer
Tax problems can have financial and legal consequences that go beyond bookkeeping. You may need a lawyer if you are facing a tax audit, lien, levy, wage garnishment, or bank account seizure. Lawyers are also important when criminal tax investigations or charges are possible, when you have significant unfiled returns, or when you need to negotiate an offer in compromise or a payment plan with taxing authorities. For businesses, a lawyer helps with entity selection and tax-structure planning, sales tax nexus disputes, payroll tax disputes, and defense in tax audits. A tax lawyer provides legal privileges that accountants do not, represents you before agencies and tax courts, negotiates settlements, and can coordinate with CPAs and enrolled agents to build a comprehensive defense or compliance strategy.
Local Laws Overview
Key aspects to understand for taxpayers in Flushing include the interaction of federal, New York State, and New York City tax systems. New York State imposes its own income tax and sales tax rules, while New York City levies a resident income tax for city residents and enforces property tax assessments on real estate. Sales tax for transactions in Queens reflects the combined state-local rate that applies across New York City. Employers must comply with state and federal payroll withholding and employment taxes. Businesses may also be subject to specific New York City taxes such as the Unincorporated Business Tax for certain self-employed individuals and the General Corporation Tax for corporations doing business in the city. Property tax assessments in New York City use assessed value and class-specific tax rates; exemptions and abatements are available but have eligibility rules and filing deadlines. Statutes of limitation limit how far back tax authorities can assess additional tax in many cases - for example, typical federal audits cover three years, longer in certain circumstances, while fraud or substantial omissions can extend or remove the limitation. Administrative appeal routes exist at federal, state, and city levels, including IRS Appeals, the New York State administrative appeals and conciliation processes, and New York City appeal bodies for tax and property disputes. Penalties and interest accrue on underpayments and late payments, and collection tools include liens, levies, and wage garnishments.
Frequently Asked Questions
What taxes do I need to pay as a resident of Flushing?
If you live in Flushing you are generally responsible for federal income tax and payroll taxes, New York State income tax and sales tax when applicable, and New York City resident income tax. If you own property you will receive New York City property tax bills. Business owners also handle sales tax collection, payroll withholding, and potentially city business taxes depending on business type and revenue.
Do I pay both New York State and New York City income tax?
Yes. New York State has its own income tax and New York City imposes an additional resident tax on city residents. Your employer usually withholds federal, state, and city income tax and payroll taxes from wages. Self-employed people must make estimated tax payments for federal and state taxes and account separately for self-employment tax at the federal level.
How do I challenge a high property tax assessment in Flushing?
Property owners should first review their assessment notice and any available exemptions or abatements. New York City provides an annual assessment review and grievance period where owners can contest assessments with the city agency that handles property taxes. If the initial review is unsuccessful, there are administrative appeals processes that may include an independent tax commission or tribunal. Deadlines are strict, so act promptly and gather recent sales, appraisal reports, and documentation of property condition to support your case.
What should I do if I receive a notice of audit or examination?
Read the notice carefully to understand the scope and requested documents, and respond by the deadline. Do not ignore an audit notice. Consider hiring a tax attorney or an experienced CPA to represent you, especially if legal issues, penalties, or potential criminal exposure are involved. Preserve relevant records, avoid volunteering unrelated information, and work with your representative to prepare a clear and organized response.
I cannot pay my tax bill - what options are available?
If you cannot pay in full, contact the taxing authority to discuss options. Common solutions include installment agreements, temporary relief programs, hardship or currently-not-collectible status, and in some cases an offer in compromise to settle for less than the full amount. Interest and penalties may continue to accrue, so early contact and documentation of financial hardship improve chances for a workable arrangement. A tax lawyer can negotiate terms and protect your rights in more complex cases.
Can the IRS or state tax authority seize my assets in Flushing?
Yes. Both federal and state tax authorities have collection tools such as liens, levies on bank accounts, and wage garnishment. Before seizure, authorities typically issue notices and demand payment. You have the right to request a collection due process hearing, to submit financial information, and to seek release or modification of a levy if it causes severe hardship. Prompt action and legal representation increase the likelihood of a favorable resolution.
Are there free or low-cost tax help programs in Flushing?
Yes. Programs that may be available include Volunteer Income Tax Assistance - VITA, Low Income Taxpayer Clinics - LITC, and local legal aid organizations that assist with tax and public benefits matters. Community centers, non-profits, and city agencies often provide free tax-preparation help and language-access services. Check local community resource centers and neighborhood nonprofit organizations for seasonal and year-round assistance.
Do I need to report foreign bank accounts or cryptocurrency holdings?
Yes. U.S. taxpayers must report certain foreign financial accounts using IRS informational filings, and large transactions or balances can trigger additional reporting obligations. Cryptocurrency transactions are also taxable and must be reported on federal tax returns; failure to report taxable crypto activities can lead to penalties and audits. Complex international or digital asset issues often require specialized tax counsel.
When should I hire a tax lawyer instead of just an accountant?
Hire a tax lawyer when legal rights, privileged communications, negotiations with tax authorities, litigation, or possible criminal exposure are involved. Lawyers are needed for audit defense with legal questions, tax litigation, negotiating settlements like offers in compromise, handling tax liens and levies, responding to criminal subpoenas or investigations, and closing complex business transactions with tax consequences. For routine tax preparation and planning, a knowledgeable CPA or enrolled agent may suffice.
How far back can tax authorities audit or assess additional tax?
Statutes of limitation vary. For most federal income tax returns the IRS has three years from the return filing date to assess additional tax. If you omit more than a substantial portion of gross income, that period can extend to six years. There is no time limit for assessments in cases of fraud or willful tax evasion. New York State and city rules have their own periods and exceptions. Retain records for several years and consult a lawyer if you are unsure about exposure for prior years.
Additional Resources
Federal and state agencies and local organizations that can help include the Internal Revenue Service, New York State Department of Taxation and Finance, and the New York City Department of Finance. For appeals and administrative hearings, the IRS Office of Appeals, New York State tax appeals units, and the New York City tax appeal bodies are relevant. Community resources include Volunteer Income Tax Assistance programs, Low Income Taxpayer Clinics, Queens Legal Services, and the Legal Aid Society. Professional associations that help locate qualified practitioners include bar association referral services and state societies of certified public accountants. New York City Small Business Services and local chambers of commerce can be useful for business tax questions and compliance assistance.
Next Steps
1. Gather documents - collect recent tax returns, notices, bank statements, payroll records, sales records, property deeds and assessments, and any correspondence from tax authorities. Organized records make consultations more productive.
2. Read notices carefully - look for deadlines and instructions. Missing a deadline can limit options and increase penalties.
3. Evaluate the issue - determine whether the matter is primarily compliance, collection, audit, or a potential criminal issue. This helps you choose the right professional help.
4. Seek appropriate help - for routine preparation and planning, consult a CPA or enrolled agent. For disputes, audits, collections actions, litigation, or criminal exposure, consult a tax lawyer experienced in federal and New York tax matters. Ask about experience, fee structure, language capabilities, and whether they will coordinate with your accountant.
5. Consider free resources - if cost is a concern, explore VITA, LITC, and local legal aid options for initial guidance and representation in qualifying cases.
6. Act promptly - respond to notices, file appeals within stated timeframes, and make contact with taxing authorities before enforcement escalates. Early intervention often produces better outcomes.
7. Prepare for an engagement - if you hire a lawyer, be ready to sign an engagement letter, provide a full authorization if the lawyer will speak to tax agencies on your behalf, and keep clear records of all communications and agreements.
Taking timely and informed steps improves your chances of resolving tax problems efficiently and reducing financial exposure. If you are unsure where to start, gather the most recent notices and returns and schedule a consultation with a qualified tax professional to discuss your specific situation.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.