Stop losing sleep over your tax situation. I'm Darrin Mish – a tax attorney in Tampa who's spent 32 years handling exactly this kind of problem. Here's what you need to know.
You get a letter from the IRS. Maybe it says your business is being audited. Maybe it references years of back taxes you haven’t been able to pay. Your stomach drops, your mind races, and the first question you ask is: who do I call?
This is one of the most common questions small business owners in Florida face – and the answer matters more than most people realize. Calling the wrong professional, or waiting too long to call anyone at all, can cost you thousands of dollars and months of stress that didn’t need to happen.
The short answer: you need a tax attorney, also called a tax controversy attorney. Here’s what that actually means, how they differ from a CPA, and why it matters specifically for your situation as a Florida business owner.
A tax attorney is not the same as a tax preparer
This confusion trips people up constantly. Your CPA or accountant does incredible work – they file your returns, manage your books, and track your deductions. But the moment the IRS starts asking hard questions or demanding money, you’ve left the world of accounting and entered the world of law.
A tax attorney has completed law school, passed the bar exam, and specializes in federal and state tax law. That credential unlocks something your CPA cannot offer: attorney-client privilege. Anything you tell your tax attorney stays confidential. The IRS cannot compel your attorney to testify against you or hand over your communications. With a CPA, that protection simply doesn’t exist – and during a contentious audit or collection action, that difference can be the difference between resolution and disaster.
As a March 2026 TurboTax analysis put it: tax attorneys are typically the better choice when you need legal advice, representation in disputes, or negotiation with the IRS over significant debt.
That’s not a knock on CPAs. For routine filing and bookkeeping, they’re exactly who you need. But when the IRS is at the door, you want someone who can argue the law on your behalf.
When a Florida small business owner needs a tax attorney
Not every tax issue rises to the level of needing legal representation. But several situations clearly do:
You’ve received an IRS audit notice. The IRS audited approximately 2.4-2.5% of sole proprietor returns with $100,000 or more in gross receipts, according to data cited by tax attorney Tom Wheelwright on LinkedIn. That’s a significantly higher rate than S-corporations, which sit around 0.4-0.5%. If you file a Schedule C, you’re already in a higher-risk category.
And despite IRS staffing cuts – CNBC reported in April 2026 that the agency shrank roughly 27% between January and December 2025 – IRS CEO Frank Bisignano confirmed the agency is doubling down on “data-driven enforcement” using AI and advanced analytics. The IRS is getting smarter, not slower.
You owe back taxes you can’t pay. Whether it’s one bad year or five years of mounting debt, unpaid taxes accumulate penalties and interest fast. A tax attorney can evaluate your options: an installment agreement, an Offer in Compromise to settle for less than you owe, penalty abatement requests, or in some cases, Currently Not Collectible status that temporarily halts collection actions.
The IRS has filed a lien or issued a levy. A tax lien on your business property can destroy your credit and your ability to operate. A levy lets the IRS seize your bank accounts or receivables. These aren’t situations you want to navigate alone – a tax attorney can often move quickly to challenge, negotiate, or release these actions before they cause irreversible damage. If you’re dealing with this right now, this guide on IRS tax liens walks through your immediate options.
You have unfiled returns. Missing tax returns are a serious problem. The IRS can file a Substitute for Return on your behalf – and it won’t be in your favor. A tax attorney can help you come back into compliance strategically, often in a way that minimizes what you owe.
Payroll taxes are involved. This is particularly urgent. If your business has unpaid employment taxes, the IRS can assess the Trust Fund Recovery Penalty personally against any owner or employee responsible for collecting payroll taxes. That means your personal assets are on the line, not just the business. A tax attorney who handles payroll tax issues knows exactly how to respond.
What tax attorneys actually do for small businesses
It helps to understand what you’re actually getting when you hire a tax attorney for an IRS issue.
They handle communication with the IRS on your behalf. You don’t have to field calls from revenue officers or respond to threatening notices alone. Your attorney becomes the point of contact, and that buffer alone reduces both your stress and your risk of saying something that inadvertently hurts your case.
They analyze your situation and develop a legal strategy. An experienced tax attorney isn’t just going to read your notices and shrug. They’ll review your returns, identify procedural errors the IRS may have made, look for legitimate grounds to dispute amounts owed, and figure out the best path to resolution based on your specific financial picture.
They negotiate settlements. The IRS has several formal programs for resolving back taxes. An Offer in Compromise lets qualifying taxpayers settle their debt for less than the full amount owed – but the application process is demanding and the acceptance rate is low without skilled representation. In March 2025, the IRS also replaced the Individual Streamlined Installment Agreement with the new Simple Installment Agreement (SIA) framework, and in December 2025 expanded it to businesses, per the National Association of Tax Professionals. These are programs a tax attorney navigates every day.
For a closer look at how these options play out, the IRS tax debt relief programs guide breaks down the landscape in plain terms.
They represent you in audits and appeals. If your audit moves beyond a correspondence letter into an in-person or field examination, having an attorney present changes the dynamic entirely. They know the rules of engagement, they know what the IRS can and cannot ask for, and they know how to protect your rights throughout the process. The IRS audit legal options explainer covers what those rights actually look like in practice.
Why this matters more for Florida business owners
Florida has no state income tax, which sounds like good news – and it is. But it also means the IRS is the primary tax authority that Florida small business owners interact with, and Florida’s economy is heavily weighted toward industries the IRS scrutinizes closely: real estate, construction, hospitality, and service businesses.
Sole proprietors and single-member LLCs filing Schedule C are common here. Cash-intensive businesses are common here. Both categories attract disproportionate IRS attention. If your business fits either description, the statistical risk of an audit is real, not theoretical.
Florida business owners also sometimes face dual exposure – federal IRS issues and Florida Department of Revenue issues, particularly around sales tax. A qualified tax attorney in Florida understands both layers and can handle them simultaneously.
How to choose the right tax attorney
Not every attorney who handles taxes is equipped for complex IRS controversy work. When you’re evaluating someone to represent your business, ask:
- How long have they practiced in tax law specifically?
- Have they handled cases similar to yours – audits, back taxes, payroll issues?
- Do they have experience negotiating with the IRS, not just advising on tax planning?
- Are they familiar with Florida-specific tax issues?
- What does their fee structure look like, and what’s included?
Tax attorneys typically charge between $200 and $500 per hour, according to Patriot Software’s 2024 analysis, though flat-fee arrangements are common for specific services like OIC preparation or audit representation.
The Law Offices of Darrin T. Mish, P.A., based in Tampa, has spent over 25 years focused exclusively on resolving IRS problems for individuals and small business owners. Attorney Darrin Mish has personal experience with tax challenges, which shapes an unusually empathetic and practical approach. The firm offers free consultations and handles the full range of IRS issues: audits, back taxes, liens, levies, payroll problems, and penalty abatement. Clients aren’t just in Florida – the firm works with taxpayers across the country.
Don’t wait for the IRS to escalate
Small business owners often make the same mistake: they get a notice, they worry, they wait, and they hope it goes away. It doesn’t. IRS collection actions escalate on a clear timeline, and the options available to you narrow with every step that timeline advances.
The earlier you get a qualified tax attorney involved, the more options you have. That’s not a sales pitch – it’s just how the IRS collection process works.
If you’re facing an audit, carrying back taxes, or dealing with any kind of IRS contact you don’t fully understand, the guide on dealing with the IRS as a small business is a solid starting point. And if you’re ready to talk to someone directly, a free consultation costs you nothing and might end up saving you quite a lot.