Business and Personal Returns, Prepared by a Tax Attorney.
We prepare federal and California income tax returns for individuals and businesses, review the legal questions a return raises before it is filed, and remain your representative if the IRS or the Franchise Tax Board later has questions.
Returns We Prepare
Individuals
Federal Form 1040 and California Form 540, or Form 540NR for nonresidents and part-year residents, including self-employment, rental, investment and multistate income.
Partnerships and LLCs
Form 1065 with Schedules K-1, and California Form 565 for partnerships or Form 568 for limited liability companies.
S Corporations
Form 1120-S with Schedules K-1, and California Form 100S, including the 1.5 percent California S corporation tax.
C Corporations
Form 1120 and California Form 100, including estimated tax payments and the California minimum franchise tax.
Late and Amended Returns
Unfiled prior-year returns and amended returns, with the exposure reviewed before anything is filed.
Tax-Exempt Organizations
IRS Form 990 series returns and California Forms 199 and 199N for nonprofit organizations.
Why Work With a Tax Attorney
Legal analysis before positions are taken
A return reflects legal judgments: how a transaction is characterized, whether income is taxable in California, how a worker is classified. We analyze the authority for each significant position before the return is filed, measured against the standards that apply to return preparers under IRC §6694.
Privileged legal advice, accurately scoped
Confidential communications made to obtain legal advice, such as advice about how a transaction should be reported, can be protected by the attorney-client privilege. Information provided to prepare a return, and the figures reported on it, generally are not privileged. We explain where that line falls at the start of the engagement.
Representation if the return is examined
Attorneys, CPAs and enrolled agents have unlimited representation rights before the IRS. If a return we prepared is examined, appealed or referred to collection, we can continue as your representative and, if necessary, represent you in the U.S. Tax Court.
Past years reviewed with care
When earlier years were not filed or were filed incorrectly, we evaluate the options and the exposure before an amended or late return is submitted. Once a return is filed, the information it reports, and the details behind it, generally are not protected.
California differences
California does not follow several federal rules, including bonus depreciation, and limits Section 179 expensing to $25,000. Residency and multistate income also require separate analysis on the California return.
Filing Deadlines
Due dates for calendar-year filers. A due date that falls on a weekend or legal holiday moves to the next business day. An extension of time to file is not an extension of time to pay.
Individuals: April 15
Form 1040 is due on the 15th day of the 4th month after the end of the tax year. Form 4868 extends the federal filing deadline by six months, and California automatically allows six more months to file Form 540.
Partnerships and S corporations: March 15
Forms 1065 and 1120-S are due on the 15th day of the 3rd month after year end, and Form 7004 generally provides a six-month extension. California Forms 565, 568 and 100S have the same original due date.
C corporations: April 15
Form 1120 is due on the 15th day of the 4th month after year end, as is California Form 100, for which California automatically allows a seven-month extension to file.
Penalties for Late Filing and Payment
According to the IRS, the failure-to-file penalty is 5 percent of the unpaid tax for each month or part of a month a return is late, up to 25 percent. The failure-to-pay penalty is 0.5 percent per month, also up to 25 percent. For returns due after December 31, 2025, that are more than 60 days late, the minimum failure-to-file penalty is the lesser of $525 or 100 percent of the tax due.
Late partnership and S corporation returns carry a separate penalty of $255 per partner or shareholder for each month the return is late, for up to 12 months. Filing on time, even when the full balance cannot be paid, avoids the larger of the two individual penalties.
Related Guide
Business and Personal Tax Returns: Why Work With a Tax Attorney explains what a tax attorney adds to return preparation, including how the attorney-client privilege applies and where it does not.
Questions About Your Returns?
Contact Advantage Tax Law to discuss your federal and California filings in a confidential consultation.