IRS Tax Problems

Tax Resolution vs. Tax Avoidance: Understanding the Differences

2/27/2024

Taxation is an essential component of most government systems; the Roman Empire famously taxed its citizens but taxation existed even before the reign of the Eternal City. Even in 21st century America, though, understanding the complexities of tax laws and regulations can be challenging.

Two common terms often encountered in discussions about taxes are "tax resolution" and "tax avoidance." While they may sound similar, they refer to distinct concepts with different implications for taxpayers. In this blog post, we will assess the key differences between tax resolution and tax avoidance, providing clarity on each approach and offering examples to illustrate their applications.

Tax Resolution

Credit: ArtistGNDphotography/Getty Images

Tax resolution involves addressing existing tax issues or liabilities with tax authorities such as the Internal Revenue Service (IRS). It is a process aimed at resolving outstanding tax debts, penalties, and other compliance issues. Tax resolution strategies are typically employed when individuals or businesses find themselves unable to meet their tax obligations.

Examples of tax resolution scenarios include:

Installment Agreements: Taxpayers negotiate with the IRS to pay their tax debts over time through installment agreements. This allows them to make regular payments based on their financial capacity until the debt is fully satisfied.

Offer in Compromise (OIC): In certain circumstances, taxpayers may qualify for an OIC, where they can settle their tax debt for less than the full amount owed. This option is available to individuals experiencing financial hardship or those who can demonstrate that paying the full amount would create undue financial hardship.

Penalty Abatement: Taxpayers may request penalty abatement if they can show reasonable cause for their failure to comply with tax obligations, such as illness, natural disasters, or erroneous advice from tax professionals.

Tax Avoidance

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Credit: kate_sept2004/Getty Images

Tax avoidance, unlike tax resolution, involves legally minimizing tax liabilities by taking advantage of available tax incentives, deductions, credits, and loopholes within the framework of tax laws. Unlike tax evasion, which involves illegal activities to evade taxes, tax avoidance relies on strategic planning and adherence to the letter of the law.

Examples of tax avoidance strategies include:

Retirement Contributions: Contributing to retirement accounts such as 401(k) plans or individual retirement accounts (IRAs) allows taxpayers to reduce their taxable income, thereby lowering their overall tax liability. These contributions may be tax-deductible or grow tax-deferred until retirement.

Charitable Donations: Donating to qualified charitable organizations can result in tax deductions for the value of the donations. By itemizing deductions on their tax returns, taxpayers can reduce their taxable income and potentially lower their tax bills.

Capital Gains Planning: Timing the sale of investments to optimize capital gains taxes is a common tax avoidance strategy. Taxpayers may strategically realize capital gains or losses in specific years to minimize their overall tax burden.

Key Differences

small-business-GettyImages-1371731180-2500

Credit: Oscar Wong/Getty Images

While both tax resolution and tax avoidance aim to reduce tax liabilities, they differ significantly in their approaches and implications:

Timing: Tax resolution deals with existing tax liabilities and compliance issues, addressing past tax problems. In contrast, tax avoidance focuses on proactive tax planning to minimize future tax liabilities.

Legality: Tax resolution strategies are legal methods for resolving tax debts and compliance issues. Tax avoidance, when conducted within the confines of tax laws, is also legal. However, engaging in tax evasion, which involves illegal activities to evade taxes, is strictly prohibited and can result in severe penalties.

Intent: Tax resolution is typically pursued by taxpayers facing financial difficulties or unforeseen circumstances that prevent them from meeting their tax obligations. Tax avoidance tactics are often employed by those who have financial means available to them, and involve strategic planning and decision-making aimed at minimizing tax liabilities through legitimate means.

Tax resolution and tax avoidance are distinct concepts with different purposes and implications. Tax resolution involves addressing existing tax issues and liabilities, while tax avoidance focuses on proactively minimizing tax liabilities through strategic planning and adherence to tax laws. By understanding the differences between these two approaches, taxpayers can make informed decisions and navigate the complexities of the tax system effectively.

Feature Image Credit: Francesco Carta Fotografo/Getty Images

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Spencer Wilson

Spencer Wilson, EA is a tax preparer based in Long Beach, CA. Spencer Wilson Financial Management Services has been serving the Greater Los Angeles Area and Orange County since 2004. <br /> We began in the heart of Naples in Long Beach and we continue to work hard offering tax preparation and planning, business accounting and bookkeeping and payroll services . <br /> We have helped many different people and businesses succeed financially and take control over their finances.

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