Sep
2022

Tax Attorney Versus CPA: Who’s Right to Handle Your Taxes This Year?

A tax attorney and a certified public accountant are both trained to help you during tax season. However, they differ in key ways that might affect who you choose to hire.

If you’re seeking help with your tax return preparation this year, or if you need tax resolution services, you might be wondering who to hire. Certified public accountants, tax attorneys, and paid tax preparers will all be vying for your business. To make an educated decision, take into account the specific training of CPAs versus tax attorneys, as well as what kind of assistance you actually need.

Tax Return Preparation

Most accounting firms include tax preparation services in their larger bill of offerings. When you visit a CPA, he can go through your financial files and complete the tax return with you and then sign off on it as a paid preparer. If there are any issues with the return, the CPA will act as your advocate with the IRS. Some tax attorneys also prepare tax returns-but not all will, as they tend to devote their time to more complex legal matters. Additionally, if you hire a tax attorney to prepare your return, it may end up being much more expensive than hiring a CPA or even a paid tax preparer.

Legal Advice and Representation

Tax attorneys are lawyers who specialize in tax law. That means they have completed law school and are able to represent you in court, should you need it. They also have detailed knowledge of the complex tax codes and can guide you through negotiations with the IRS. An accountant, on the other hand, usually has a degree in finance or accounting and has been licensed as a CPA by the state, after passing the certification exam. While an accountant may have a thorough knowledge of tax laws, he cannot represent you in legal matters. Additionally, only with a tax attorney will you have the benefit of attorney-client privilege, meaning that anything you discuss with your lawyer will be confidential.

Tax Resolution Services

If you’re struggling with back taxes, you can hire either a CPA or a tax attorney to deal with the IRS on your behalf. Even though an accountant is trained in financial matters and an attorney is trained in the law, both can specialize in tax resolution and thus can negotiate the appropriate tax resolution scenario. If you’re being subjected to an audit, an accountant may be the right person to go over your financial records with a fine-toothed comb, but you may prefer a tax attorney to speak to the IRS. Consider what kind of help you need and move forward from there.

Money Management Advice

A CPA is there for you year-round, not just during tax season. He can help you budget for next year’s taxes, or for upcoming expenses or desired purchases. An accountant in your area may also be able to advise you regarding investments and expenditures, as well as overall financial trends. While a tax attorney may be able to do this, again the services of a lawyer will cost much more than the services of an accountant.

The lines between the various tax experts continue to blur. You may find an accounting firm that specializes in tax law, or a tax lawyer who advises clients on money matters unrelated to taxes. The most important thing is to do your research before making a decision. The right tax specialist can make tax season stress free.

Aug
2022

Why You May NOT Want to Use Your Health Insurance for Counseling

Why not use your health insurance for counseling? Isn’t that what it is for?

Perhaps.

But using health insurance for mental health services is a little different than other medical issues. Sometimes mental health issues are not covered by your health insurance. Once you use your health insurance for mental health, you will have a mental health diagnosis on file – a mental health disorder/mental health illness must be on the insurance claim in order for insurance to pay for treatment. This will be in your permanent medical record.

Of course you want to consider using your health insurance for counseling, but there are some good reasons for you to consider why you may not want to use your insurance for counseling services.

Why doesn’t my counselor accept my health insurance?

Many counselors choose not to accept health insurance for very good reasons. They want to focus 100% of their time in treating you. If they accept health insurance, there is a lot of extra work involved in accepting insurance, in addition to agreeing to work for a discounted fee. The counselor may spend hours on the phone getting benefit information, authorizations, or following up on claims payments. The counselor has to wait a month for payment from the insurance company. The counselor has to file progress reports with the insurance company. The counselor is required to submit treatment reports and other details about your medical history with the insurance company.

It’s not that counselors don’t like insurance companies, or don’t want you to use your insurance (we have health insurance too!), but many counselors prefer to focus 100% of their time and energy in helping clients, rather than doing paperwork for insurance companies.

But this isn’t the only reason counselors may not be in network with your health insurance company.

The other reasons are more compelling, and you need to consider them BEFORE you decide to use your health insurance.

Many counselors prefer not to work in network with health insurance companies so that they can better protect your confidentiality. Any information (claims, reports, or treatment plans) filed with health insurance leaves the protection of their office and their locked files and your personal, private, emotional information is outside of your counselor’s office. In order for any insurance company to reimburse or pay for counseling (both in network and out of network), you must be considered “ill”. You must be diagnosed with a mental health illness or disorder. If you are not ill enough to warrant a diagnosis, then insurance will not pay for counseling services. If you do qualify for a mental health diagnosis, your illness will be listed in your permanent medical record. Many counselors don’t like this “medical model” of declaring someone ill, so they choose not to accept insurance because they want to focus on their client’s strengths, and not label them as mentally ill.

Do you want to be considered mentally ill? If you have a mental health diagnosis already, because you have been to counseling or psychiatric appointments in the past, find out what your diagnosis on file is. If you already have a mental health diagnosis, this may not be a concern to you, but if not, you may not want this in your medical record.

Counselors also do not like releasing information to others to protect your confidentiality. Once a claim is submitted to the insurance company, who knows how many people take a look at it and rubber stamp it while it travels through the system? If insurance pays for any counseling sessions (in network or out of network), then the insurance company has the right to audit your complete file. They can request copies of counseling notes, assessments, and other personal emotional information to determine if you really are “sick enough” to warrant their payment. They can deny services to you if they think you aren’t sick enough or if they think your counseling is not “medically necessary”.

Additionally, there are many counseling issues that are not even covered by insurance at all. Stress management and anger management are usually not covered. Marriage counseling is usually not covered. Certain medical conditions/mental health conditions may be excluded (such as attention deficit disorder or adjustment disorder). Even if your illness or disorder is covered by your insurance plan, they may limit the number of visits they will cover (sometimes only 20 per year), and they will set a maximum amount they will pay per calendar year or in your lifetime.

Additionally, counselors prefer not to have someone in the insurance company telling them how to treat their clients. Insurance companies can decide what type of counseling is covered, what diagnoses are allowed, and how many times the client needs to come before they are cured. Many counselors prefer to work directly with clients to serve their needs, without interference from an insurance company.

Using your health insurance for counseling services can also affect your security clearance, life insurance rate, employment, or future health insurance coverage.

For the above reasons, I recommend that you be informed about using health insurance for counseling. You may choose to file anyway, but be an informed consumer.

  • Be an informed consumer.
  • Know your mental health diagnosis.
  • Talk to your counselor about the diagnosis.
  • Ask your counselor about your treatment reports.
  • Decide if you have, or want to have, a psychiatric illness.

If you have clinical, severe depression, anxiety, or other issues, then you probably already have a diagnosis.

But if you are stressed, having relationship problems, or trying to figure out your purpose in life, your symptoms may be minor, and you may not want to have a mental health diagnosis in your records.

Once an insurance claim is submitted to your health insurance company, your diagnosis becomes part of your permanent medical record, and can affect future life insurance, preexisting conditions, or the cost of private health insurance.

Jul
2022

Tax Attorney Versus CPA: Who’s Right to Handle Your Taxes This Year?

A tax attorney and a certified public accountant are both trained to help you during tax season. However, they differ in key ways that might affect who you choose to hire.

If you’re seeking help with your tax return preparation this year, or if you need tax resolution services, you might be wondering who to hire. Certified public accountants, tax attorneys, and paid tax preparers will all be vying for your business. To make an educated decision, take into account the specific training of CPAs versus tax attorneys, as well as what kind of assistance you actually need.

Tax Return Preparation

Most accounting firms include tax preparation services in their larger bill of offerings. When you visit a CPA, he can go through your financial files and complete the tax return with you and then sign off on it as a paid preparer. If there are any issues with the return, the CPA will act as your advocate with the IRS. Some tax attorneys also prepare tax returns-but not all will, as they tend to devote their time to more complex legal matters. Additionally, if you hire a tax attorney to prepare your return, it may end up being much more expensive than hiring a CPA or even a paid tax preparer.

Legal Advice and Representation

Tax attorneys are lawyers who specialize in tax law. That means they have completed law school and are able to represent you in court, should you need it. They also have detailed knowledge of the complex tax codes and can guide you through negotiations with the IRS. An accountant, on the other hand, usually has a degree in finance or accounting and has been licensed as a CPA by the state, after passing the certification exam. While an accountant may have a thorough knowledge of tax laws, he cannot represent you in legal matters. Additionally, only with a tax attorney will you have the benefit of attorney-client privilege, meaning that anything you discuss with your lawyer will be confidential.

Tax Resolution Services

If you’re struggling with back taxes, you can hire either a CPA or a tax attorney to deal with the IRS on your behalf. Even though an accountant is trained in financial matters and an attorney is trained in the law, both can specialize in tax resolution and thus can negotiate the appropriate tax resolution scenario. If you’re being subjected to an audit, an accountant may be the right person to go over your financial records with a fine-toothed comb, but you may prefer a tax attorney to speak to the IRS. Consider what kind of help you need and move forward from there.

Money Management Advice

A CPA is there for you year-round, not just during tax season. He can help you budget for next year’s taxes, or for upcoming expenses or desired purchases. An accountant in your area may also be able to advise you regarding investments and expenditures, as well as overall financial trends. While a tax attorney may be able to do this, again the services of a lawyer will cost much more than the services of an accountant.

The lines between the various tax experts continue to blur. You may find an accounting firm that specializes in tax law, or a tax lawyer who advises clients on money matters unrelated to taxes. The most important thing is to do your research before making a decision. The right tax specialist can make tax season stress free.

Jun
2022

Why A Fast Business Valuation Helps

The valuation field is littered with contradictory reports and calculations, as many experts will tell you it is an art as well as a science. The business valuation process is as much about uncovering the right information as well as doing the calculations. Getting agreement on the value of a business is as much about getting agreement on the facts and the appropriate interpretation of the facts as it is about following a defined process.

So the valuation process can often take time, and follow a rigorous path of:

  • Data collection.
  • Data analysis.
  • Financial projections.
  • Industry and market assessment.
  • Business strategy.
  • Value calculations.

The reason for the comlex process is that valuation is as much about discovery as it is about calculation. The business value must understand the numbers and the business drivers in terms of the client. This may be different whether the client is a vendor or a buyer.

Often the business valuer must interpret information that may be 1-3 years old or more and hence it is an iterative process with the client to understand how particular details impact the value of the business.

In many cases the business owner or buyer already has a value range in mind – what they need is their interpretation of business value cross-checked. This is where a fast business valuation helps.

So what is a fast business valuation?

A fast business valuation that has some detailed analysis will usually take 24-48 hours. Often a quick calculation can be completed in 1-2 hours, however the discovery process can take longer.

There are three key steps in a fast valuation:

  • Gather past and Year to Date financial information.
  • Ask some key questions about business profitability, growth, business processes, competitive advantage and industry issues.
  • Systemised process of calculation and reporting.

Once the basic calculations are complete, the business valuer needs to consider the outcome from different viewpoints. This is when time is needed, and hence a good valuation must take at least 1-2 days for the best outcome.

What are the limits of a fast business valuation?

A fast business valuation does not help when it is being relied upon in legal or commercial disputes. In these cases the valuation must be based on solid evidence and reasoning. The interpretation of financial statements, business and industry issues and other factors must be taken into account when producing a defendable report.

Other limitations include:

  • Lack of clear and credible financial reports available.
  • A business that has had dramatic changes in profit performance (such as going from large losses to profits or vice versa).
  • A business whose value significantly depends on intangible factors such as key owner relationships, intellectual property or goodwill.
  • Unavailability of the business owners to discuss the business.

What can a fast business valuation be used for?

At it’s simplest level, a fast valuation will confirm in the buyer or vendor’s mind that they are making the correct decision. This means negotiation can be swift and concise. It gives the client power to be able to definitively set the boundaries in negotiation, and can reduce the time taken to reach a decision.

But it will also uncover the opportunities for the business to increase its value. This is useful to the buyer in understanding what they bring to the table and will help make the vendor feel confident they are defending the value of the business with the right strengths and opportunities.

It can also help confirm the boundaries in settling disputes between business partners. Disputes are not always over a 5-10% difference. It is more likely they differ by several orders of magnitude. A fast business valuation can resolve this issue in less than 2 days. In fact, often putting shareholders through the valuation process helps resolve a dispute, as they come to a mutual understanding of the value and where each shareholder differs in arriving at a a valuation figure.

What about investing in a business?

This is one of the powerful areas of a fast business valuation – it can help indicate if an investment in an existing business will increase its value or not. The valuation can not only tell you what the business is worth now, but also what areas the investment will improve, and hence what the new value of the business will be.

It is crazy to invest $1M in a business but the value only increases by $750,000! A fast valuation can help identify the aspects about a project that will result in a loss of value rather than an increased value.