New York Tax Attorney'S Guide to Tax Consulting

Your business structure determines whether the IRS treats income as personal or corporate, whether you face self-employment tax on all profits, and whether personal assets are shielded from business creditors. An S-corp election, for example, can reduce self-employment tax, but it triggers payroll compliance obligations and additional filing requirements. A pass-through entity like an LLC offers flexibility, but it does not automatically minimize tax if structured passively. The IRS scrutinizes aggressive entity structures, particularly those designed solely to avoid tax without a legitimate business purpose.

New York imposes its own income tax, and New York City adds an additional tax on residents and business income. The New York Department of Taxation and Finance applies audit standards that sometimes diverge from federal treatment, particularly on pass-through entity income and real property transactions. Filing deadlines and penalty structures differ from federal requirements, and failure to register with New York State can trigger penalties even if federal filings are current. Many clients overlook New York State filing obligations when structuring multi-state operations.

When you buy or sell a business, the allocation of purchase price between assets, goodwill, and non-compete agreements has tax consequences for both buyer and seller. A buyer might prefer to allocate more to depreciable assets; a seller might prefer goodwill treatment. The IRS has authority to challenge allocations that appear inconsistent with fair market value or industry norms. Consulting with a tax professional before signing a purchase agreement allows you to structure the transaction in a way that reflects both parties' interests while minimizing audit risk.

Transferring assets to family members or establishing trusts involves complex federal and state tax rules. The annual gift tax exclusion, lifetime exemption, and valuation discounts for closely held business interests or real property require careful analysis. New York also imposes an estate tax with lower thresholds than the federal system. Understanding gift tax between family members rules before making transfers can prevent unintended tax consequences and preserve your exemption.

When the IRS initiates an audit, you have the right to representation by a tax attorney, CPA, or enrolled agent. The IRS agent will request specific documents and may ask questions about business operations, expense categorization, and income reporting. In practice, these cases are rarely as clean as the statute suggests; the agent often has discretion on which items to challenge and how aggressively to pursue adjustments. For example, a client in Queens who claimed home office deductions was audited on the basis that the space was not used exclusively for business. We provided photographs, utility allocation documentation, and a floor plan showing the dedicated workspace, which supported the deduction and resolved the issue without adjustment.

The IRS requires contemporaneous written substantiation for certain expenses, particularly charitable contributions and business meals. Lacking proper documentation shifts the burden to you to prove the deduction is valid. A well-organized records system, including receipts, invoices, bank statements, and business logs, significantly reduces audit friction. Courts have consistently upheld the IRS's authority to disallow deductions that lack adequate support, even if you believe the expense was legitimate.

Self-employed individuals, business owners, and investors with significant non-wage income must make quarterly estimated tax payments to the IRS and New York State. Underpayment triggers penalties and interest, even if you ultimately owe no additional tax when you file. The Safe Harbor rule allows you to avoid penalties if you pay the lesser of 90 percent of current-year tax or 100 percent of prior-year tax (110 percent if prior-year income exceeded $150,000). Failing to make timely estimated payments is one of the most common compliance mistakes we see.

SEP-IRAs, Solo 401(k)s, and other retirement vehicles offer substantial tax deductions while building retirement savings. Contribution limits, eligibility rules, and filing requirements vary by plan type. Maximizing retirement savings early in the year is often more tax-efficient than making catch-up contributions later. Understanding tax laws governing retirement accounts and timing your contributions strategically can reduce your current tax liability while securing future financial security.

Tax consulting is most effective when you engage counsel early and view tax planning as an ongoing process rather than an annual filing exercise. The decisions you make today about entity structure, transaction timing, and documentation practices shape your tax position for years to come. Consider scheduling a review of your current tax situation before the next fiscal year begins, particularly if you have experienced significant income changes, business transactions, or family wealth events. Early planning often reveals opportunities for optimization that are lost once the year closes or a transaction completes.