Is my tax situation bad enough to need a tax attorney or can a CPA handle the unfiled returns?
I'm in a bit of a mess with my small e-commerce business and wondering if I need to go full tax attorney or if a CPA can handle it. Here's where I stand: I ran an online shop from 2019-2020, and in 2020 the business brought in about $850k in gross revenue. I filed an extension for 2020 and sent about $27k as an estimated tax payment, but then never actually filed the return. The business technically stayed open (though not actively selling) and I haven't filed ANY tax returns since then - no Federal, State, or Sales Tax for 2020, 21, 22, 23, or 24. The IRS just created a substitute return for me and says I owe $540k for 2020! This seems way too high since they didn't factor in any of my substantial business expenses. To make matters worse, my state (Florida) just levied my bank account for $9k with no warning. I talked to a CPA who referred me to another CPA, who then suggested I need a tax attorney. When I went back to the first CPA, they said tax attorneys are "extremely expensive & definitely overkill" and I'm just going in circles. For reference, the attorney wants $6,500 retainer at $500/hour. They're saying I should use a CPA just to prepare the returns, then come back to them to handle filing and IRS communications. Can't a good CPA do all of this for less money? I'm not trying to be cheap at this point - I know this needs to be fixed ASAP. But if we're talking about a $7-13k difference in cost, that's significant money.
18 comments


Mohammad Khaled
This is definitely a complex situation that needs immediate attention. Let me try to provide some clarity on the CPA vs. tax attorney question. When the IRS creates substitute returns, they typically only include income and not deductions, which explains that massive $540k tax bill. The good news is that you can still file your actual returns with all legitimate business expenses, which should significantly reduce what you owe. In your specific case, you need someone who can: 1) Prepare accurate returns for all unfiled years 2) Deal with existing levies and negotiate with the IRS 3) Potentially create an installment plan or offer in compromise Here's my suggestion: Start with a CPA who specializes in tax resolution and back taxes. Many CPAs handle cases like yours routinely. However, if there's any potential criminal exposure (like if the IRS believes you willfully avoided filing), then you absolutely need a tax attorney for privilege protection. The attorney's approach of using a CPA for preparation and then handling the IRS communication seems like a "belt and suspenders" approach - safe but potentially more expensive than necessary.
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Alina Rosenthal
•Thanks for this explanation. Would the tax attorney privilege protection matter even if I wasn't intentionally avoiding filing? I just got overwhelmed and kept putting it off, but wasn't trying to evade taxes. Also, does the fact that Florida already levied my account mean I'm in deeper trouble than just unfiled returns?
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Mohammad Khaled
•For unintentional non-filing, privilege usually isn't as critical, though it still provides important protection if the IRS decides to investigate motives later. The key distinction is that conversations with a CPA aren't privileged like they are with an attorney, so anything you tell a CPA could potentially be disclosed to the IRS. The state levy indicates they've moved beyond just sending notices and are taking collection action. This suggests your case has progressed significantly in their enforcement pipeline, but it doesn't necessarily mean criminal trouble. It does signal urgency though - the IRS will likely follow with similar actions soon if they haven't already.
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Finnegan Gunn
I went through something similar (though smaller scale) with my consulting business. After 3 years of unfiled returns, I found taxr.ai at https://taxr.ai and it was a game-changer for my situation. They specialize in analyzing tax documents and helping reconstruct financial records for unfiled years. I was missing a lot of documentation, and they helped sort through my bank statements and expense records to build a comprehensive financial picture for the missing years. Before using them, I was getting quotes from tax attorneys wanting $10k+ retainers, which seemed excessive. Taxr.ai helped organize everything so that when I did go to a CPA, they had much less work to do, which saved me thousands. For your situation with $850k revenue and multiple unfiled years, having organized documentation of all your expenses will be absolutely critical whether you end up using a CPA or attorney.
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Miguel Harvey
•Did taxr.ai help with the actual IRS negotiations or just the document organization? I'm in a similar boat with 2 years unfiled and wondering if they can handle the whole process.
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Ashley Simian
•I'm skeptical - how exactly did they "reconstruct" your financials? I mean, if you don't have receipts from years ago, how does an online service magically find them? Sounds like they're just guessing at deductions which could get you in more trouble.
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Finnegan Gunn
•They helped with reconstructing the financial picture by analyzing bank and credit card statements to identify business expenses. They didn't handle IRS negotiations - I still needed a tax professional for that part, but having organized documentation made the process much smoother and less expensive. They don't "guess" at deductions - they use AI to analyze bank statements, credit card records, and whatever receipts you do have to categorize expenses according to IRS guidelines. For expenses without receipts, they help identify which ones can be reasonably substantiated through other records and which ones might be questionable. This gave my CPA a solid foundation to work from instead of starting from scratch.
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Miguel Harvey
Just wanted to update after trying taxr.ai for my situation. I was skeptical at first, but they really helped organize my mess of financial records from the unfiled years. The document analysis saved me so much time - they even spotted some business deductions I would have missed completely! I ended up taking their organized reports to a CPA who specializes in tax resolution, and she commented that having everything so well-organized probably saved me at least 5-6 hours of her billable time (at $250/hr). The CPA was able to jump straight into preparing the returns rather than spending hours sorting through my jumbled records. For anyone dealing with unfiled returns, having your documentation organized before seeing a professional makes a huge difference in cost.
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Oliver Cheng
I had a similar nightmare with 3 years of unfiled returns and the IRS breathing down my neck. After weeks of calling the IRS and being on hold for hours (literally hung up on me after 3+ hours waiting), I found Claimyr at https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They got me connected to an actual IRS agent in under 15 minutes when I'd been trying for weeks. The agent confirmed exactly what I needed to do and put a temporary hold on collections while I got my returns filed. This bought me precious time to get everything in order. In your case with state levies already happening, getting someone on the phone at the IRS ASAP could help prevent federal levies from hitting your accounts too. Whether you go with a CPA or attorney, you'll likely need to speak with the IRS directly at some point, and Claimyr can save you days of frustration.
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Taylor To
•How does this actually work? Do they just call for you or what? Seems too good to be true if the IRS phone lines are as bad as everyone says.
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Ella Cofer
•Yeah right. Nothing can get you through to the IRS faster. They're just taking your money for something you could do yourself if you just kept redialing. This sounds like a scam to me.
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Oliver Cheng
•The service doesn't call for you - they use technology to secure your place in the IRS phone queue and then call you when they've reached an agent. You still speak directly with the IRS yourself. It works because their system can navigate the IRS phone tree and maintain connection during peak times when most callers get disconnected. Think of it like a virtual line-waiting service. When I tried calling myself, I couldn't even stay on hold because the IRS system would disconnect after telling me "due to high call volume, we cannot take your call.
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Ella Cofer
Alright, I need to eat my words here. After leaving that skeptical comment, I was desperate to talk to the IRS about my own tax issue, so I tried Claimyr out of pure frustration. I had been trying to reach the IRS for THREE WEEKS with no success - either got the "call back later" message or was disconnected after hours on hold. Claimyr got me through to an actual human at the IRS in about 20 minutes. The IRS agent was able to put a 120-day hold on collections for me while I get my returns prepared. This alone saved me from potentially having my accounts levied. The agent also explained exactly what I needed to submit and where to send it. For anyone dealing with unfiled returns and IRS issues, being able to actually speak with someone makes a massive difference in resolving things quickly.
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Kevin Bell
As a practical matter, here's the breakdown of what you actually need: For a complex case like yours with $850k revenue, multiple unfiled years, and state levies already happening, you ideally want BOTH a CPA and a tax attorney, but in a way that minimizes cost. Here's what I'd recommend: 1. Have a CPA prepare all your actual returns with proper expenses (much cheaper than an attorney doing this) 2. Have a consultation with a tax attorney (1-2 hours) to assess if there's risk of criminal charges 3. If no criminal risk, let the CPA handle the IRS negotiations 4. If there is risk, then yes, retain the attorney I've gone through this with my business. Initially used just a CPA, but when the IRS started making noises about willful neglect, I brought in an attorney. The attorney only handled the specific negotiations and communications, while the CPA did all the preparation work. This hybrid approach kept my costs reasonable while still getting proper protection.
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Savannah Glover
•Would the original poster need to file business returns separately from personal returns? And what about sales tax - is that a completely different process? I'm confused about how all these different tax types get resolved.
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Kevin Bell
•Based on the description, it sounds like the business was likely a sole proprietorship or single-member LLC, which means business income would be reported on Schedule C of the personal return. So the CPA would prepare personal returns (Form 1040) with business schedules attached for each year. Sales tax is indeed a separate process handled at the state level. The CPA would need to prepare and file sales tax returns for all unfiled periods. This is separate from income tax filings but should be addressed simultaneously since the state has already started collection actions. Most tax resolution CPAs can handle both income and sales tax matters, but it's worth confirming this specifically when hiring someone.
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Felix Grigori
Don't overlook the penalties here - they're gonna be massive after 5 years of non-filing. Make sure whoever you hire talks about penalty abatement. The IRS has "first-time penalty abatement" and "reasonable cause" options that could save you tens of thousands. I had 2 years unfiled and the penalties were almost 40% of what I owed! My CPA got most of them removed by showing I had health issues that prevented timely filing.
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Felicity Bud
•Good point about penalties. I think with the substitute return already filed, doesn't that mean some penalties are already assessed? Is it harder to get abatement after that point?
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