Practice Areas
Taxation
Offers-in-Compromise
An offer in compromise is an agreement between a taxpayer and the IRS that resolves the taxpayer's tax debt for less than what is actually owed. Doubt as to Liability, Doubt as to Collectibility and Effective Tax Administration are three ways the IRS can legally accept less than full amounts owed. We can determine your eligibility and guide you through this process. Please note some “tax representation” firms unethically promise this service even when an offer in compromise is not a valid resolution.
IRS Payment Plans
This option is for taxpayers who cannot settle their entire tax debt at one time and need to make payments with the IRS or State taxing authorities. We can determine if an installment plan is a viable option. If an installment plan is viable we can negotiate the terms on your behalf. Often the terms we negotiate are lower than that of self negotiated installment plans.
Penalty Abatements
The IRS imposes penalties against taxpayers for a variety of reasons, such as late tax returns, fraudulent tax returns or not making timely estimated tax payments. Tax penalty can be as high as 100% of the tax owed. Often we can assist in eliminating or reducing these penalties.
Tax Levies, Liens, and Seizure
The IRS and/or State taxing authorities can take (levy) your savings or checking account, a portion of your paycheck, retirement accounts as well as real estate. We can help in obtaining a release of this type of levy. Additionally, tax liens can be filed which gives the IRS and/or State taxing authorities a right to your property. Another potentially devastating action the IRS can take is garnishing (seizing) one’s bank account. We have experience in resolving these matters.
Innocent Spouse Representation
Joint tax returns make both the husband and wife fully liable for the tax. Meaning the IRS or State taxing authorities can collect from either spouse. You may be eligible to be released from the obligation for the tax liability and the related interest and penalties under certain circumstances.
Trust Fund (Payroll) Taxes
At times business owners find themselves trapped in payroll tax problems as a result of failing to submit employee withholdings and/or employment taxes. Personal civil penalties and interest result in an amount in excess of the initial tax that wasn’t paid can result. The IRS is aggressive in pursuing businesses and individuals for unpaid payroll taxes. We can advise throughout this problematic process.
Tax Litigation
When the IRS is not willing to negotiate reasonably, then we are prepared to represent you and/or your business in Tax Court to dispute an audit finding or appeals decision.
IRS Audits/Examinations
An audit or examination is a procedure used by the IRS and State Taxing authorities to gather information about your personal income or business tax return and determine if the information you provided was correct. At times the IRS requests documentation that is not relevant to the information on your tax return, this is a fishing expedition and can be a sign they are looking for a tax crime. Additionally, the IRS will bully un-represented taxpayers. It is strongly advised that all taxpayer’s selected for audit/examination hire a tax attorney to represent them. We have experience guiding taxpayer’s through the audit process.
Wage Garnishment Release
One of the most financially devastating actions the IRS can take is garnishing (seizing) one’s wages. We can help in obtaining a release of this type of levy.
Collection Due Process Hearing
Certain IRS notices give the taxpayer’s the right to a collection due process hearing. This can be a helpful tool in opposing any inappropriate action by the IRS. If eligible we can file and represent the taxpayer throughout this process.
IRS Criminal Investigations
The IRS will be relentless if they suspect a taxpayer is trying to cheat the government. Prison, tax penalties and a felony record could result. If you have any indication that the IRS is investigating you for tax fraud, tax evasion or any other tax crime it is highly suggested that you cease all dialogue with the IRS and contact us immediately.
Tax Planning
Business and personal financial decisions can lead to negative tax consequences. Seeking advice from a tax attorney beforehand is strongly advised. We provide tax planning counsel for individuals, estates, corporations, business partners, and limited liability companies (LLCs).
Tax Account Review
For a flat fee we can perform a Tax Account Review. This service will enable us to summarize the taxpayer’s situation (such as un-filed returns and amounts owed) and to develop a detailed plan on resolution.
Currently Not Collectible Status
If a taxpayer has little or no disposable income, the IRS may classify the taxpayer as “Currently Non-Collectible.” During the period that a taxpayer is in “Currently Non-Collectible” status, the IRS does not attempt to collect the outstanding tax obligation through garnishments or levies.
Tax Preparation
Willfully not filing tax returns can be a Federal and/or State crime. Vijayan Law Group. can file un-filed tax returns. If necessary, we can also re-create missing or lost financial records to enable accurate tax filings.
Estate Law
Estate Planning
At the end of your life, your assets will be distributed and taxed. Where they are distributed and how much they are taxed depends on having a well-thought out estate plan. Vijayan Law Group will help you put a plan in place that will protect your financial assets by translating your wishes into legal directives, with minimal tax impact.
The first step in estate planning is to decide how you want your assets distributed. Whether you are married or single, with or without a family, it is important to avoid the lengthy, cumbersome and expensive probate process by ensuring that your assets are properly held and their disposition clearly spelled out in binding legal documents.
Because inheritance can be subject to a variety of Federal, state and income taxes, you need competent advice to preserve the value of your assets. Depending on your circumstances and wishes, this may involve gifts, trusts, powers of attorney and wills.
Finally, your estate plan needs to be a flexible document, something you can adapt as tax laws, investment opportunities and your own personal circumstances change.
Estate Administration
When a family is faced with the death of a loved one, the last thing they want is to deal with legal details. Vijayan Law Group offers our clients estate administration, guiding families through the process and relieving them of the worry and confusion it can cause. This may include handling estate and gift tax matters, obtaining asset valuations, managing probate court filings and proceedings and other related activities.
Caring and Discrete Advisors
Estate Law involves more than just legalities and tax matters; it concerns people’s most personal issues, often when they are emotionally overwhelmed. At Vijayan Law Group, we realize how sensitive these matters are and provide caring, confidential counsel for clients and their families.
Vijayan Law Group provides legal guidance in:
- Estate Planning
- Trust and Wills
- Probate
- Asset Protection
- Charitable Trusts
- Appreciated Assets
Protect your family’s future security – call today to schedule a no-cost, no-obligation consultation.
Bankruptcy
New Bankruptcy Laws
Despite recent changes in the bankruptcy laws, bankruptcy is still a viable option for many individuals and businesses seeking debt relief. If you are subject to aggressive collection agency action, facing foreclosure or otherwise overwhelmed with debt, you may be a candidate for bankruptcy filing. Because the consequences of bankruptcy can be far-reaching, it is important for you to have all the facts before you decide to file.
Vijayan Law Group can help you evaluate your financial situation and determine whether any of the three primary types of bankruptcy – Chapter 7, or Chapter 13 – is appropriate.
Chapter 7
As an individual or corporation, you may file for Chapter 7 bankruptcy if you meet certain financial requirements. Chapter 7 allows an individual to keep certain assets and specifies that a trustee liquidate and distribute others to creditors, thereby discharging debts. After liquidating its assets, a corporation filing Chapter 7 is dissolved.
Chapter 13
Individuals and sole proprietors who need debt relief may file Chapter 13 bankruptcy. Chapter 13 generally allows the debtor to retain more assets than Chapter 7 and is considerably less expensive than Chapter 11. The debtor must propose and adhere to a court-approved repayment plan.
To find out whether bankruptcy is appropriate for you, complete our Evaluation Form and then make an appointment for a no-cost, no-obligation consultation.
Unfair Collection Practices
Debt collectors often exploit and pressure people illegally. You do have rights against unfair practices such as:
- Threatening to have you arrested for not paying your debt
- Telling other people, such as your neighbors or co-workers, about your debt
- Using obscene language with you
- Threatening your property or your reputation
- Failing to identify themselves
- Pretending to be a government official, lawyer or anyone other than themselves
- Charging or threatening to charge you additional fees or increased interest except what you originally agreed to pay
- Reporting false information on a credit report
Once you have hired an attorney, debt collectors cannot directly contact you. They have to talk to your lawyer instead. If you are facing harassment from a debt collector, contact us, for a free initial consultation. If creditors, lenders or debt collectors do not follow these rules, you may be able to sue them for damages and attorneys' fees.
The Fair Debt Collection Practices Act outlines actions that collectors cannot take such as threatening to have you thrown in jail. It also gives directions for things collectors must do, such as identify themselves and the original credit agency.