Tax Law - Guide to Taxation Law






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What is Tax law? It covers the rules, policies and laws that oversee the tax process, which involves charges on estates, transactions, property, income, licenses and more by the government. Taxation also includes duties on imports from foreign countries and all compulsory levies imposed by the government upon individuals for benefit of the state.

The intricate body of tax law covers payment of taxes to a minimum of four levels of government, either directly or indirectly. Indirect taxes are assessed against products and services that are meant to be consumed, but are paid to an intermediary. For example, when you buy coffee at a local corner store, the retailer charges you tax on your coffee, which he/she subsequently pays to the government. Direct taxes are those you pay directly to the government and are imposed against things like land or real property, personal property, and income.

There is a seemingly endless list of entities that create and enforce tax laws and collect tax revenues. They range from the local government level, such as cities and other municipalities, townships, districts and counties to regional, state and federal levels. They include agencies, transit districts, utility companies, and schools, just to name a few.

The area of tax law is exceedingly complex and in constant flux largely due to two reasons. The first is that the tax code has been used increasingly more often for objectives other than raising revenue, such as meeting political, economic and social agendas. The second reason is the manner in which the tax code is amended.

The Federal tax law is administered primarily by the Internal Revenue Service, a bureau of the U.S. Treasury. The U.S. tax code is known as the Internal Revenue Code of 1986 as amended (Title 26 of the U.S. Code). Other federal tax laws are found in Title 26 of the Code of Federal Regulations; proposed regulations issued by the Internal Revenue Service (IRS); temporary regulations issued by the IRS; revenue rulings issued by the IRS; private letter rulings issued by the IRS; revenue procedures, policy statements, and technical information releases issued by the IRS; and federal tax court decisions. Tax law for state and local government is also contained in codes sections, regulations, administrative codes, procedures and statements issued by the respective government authorities, as well as state court decisions.

There is a special trial court which hears disputes between the IRS and taxpayers regarding federal income, estate and gift tax underpayments - the U.S. Tax Court. This federal court is based out of Washington, but its 19 presidentially appointed judges travel to preside over trials in courts located in several designated major cities. The Tax Courts’ decisions may be appealed to the Federal District Court of Appeals and final review is retained by the highest court in the land, the U.S. Supreme Court.

Tax attorneys serve many important functions in the complicated arena of tax law. They may represent you throughout the various stages of tax disputes, from an initial audit to IRS administrative appeals, Tax Court and final review by the Court of Appeals, or even the U.S. Supreme Court. They are also invaluable in helping you navigate the intricate and bewildering laws in this area of practice.

Tax Law Definition

Taxation is a governmental assessment upon property value, transactions, estates of the deceased, licenses granting a right and/or income, and duties on imports from foreign countries. It includes all contributions imposed by the government upon individuals for the service of the state. Taxes are usually divided into two main classes: direct and indirect. Generally speaking, direct taxes are those assessed against income, land or real property, and personal property, which are paid directly to the government; whereas indirect taxes are assessed against articles of consumption, such as products or services, but collected by an intermediary, such as a retailer.

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Articles About Tax Law

  • How to Write Off Expenses for Meals and Entertainment on Your Corporate Taxes
    One of the most common questions often asked of corporate attorneys by small business owners who are just setting up their first company is how to write off expenses. Usually, two of the most important expenses these people want to write off are meals and entertainment expenses.
  • Fiscal Cliff Crisis Avoided? Estate Taxes in 2013
    In 2012, with the dreaded “Fiscal Cliff” looming, many were worried about the inaction that would cause the estate tax exemption level to fall to $1 million. However, in the first two days of the new year, Congress finally passed the American Taxpayer Relief Act of 2012 (ATRA) which makes permanent the $5 million exemption as well as portability.
  • Action Required: Portability
    The American Taxpayer Relief Act of 2012 (ATRA) extended and made permanent (i.e., until Congress changes its mind) a number of key estate tax provisions. This includes a $5 million ($5.25 including inflation) estate tax exemption and portability of a deceased spouse’s exemption to the surviving spouse. The result of this means that married couples can shelter up to $10.5 million of their estate from federal taxes.
  • IRS Provides Same Sex Couples Direction, Post DOMA Ruling
    The Supreme Court’s recent decision to allow same-sex couples to receive marriage benefits raised several questions that left many lawmakers, financial institutions and individuals anxious for answers. Now, finally, the IRS has issued guidance in Revenue Ruling 2013-17. A Revenue Ruling is the IRS’s interpretation of the law.
  • Protect Your Assets From Judgment
    If you have already been sued, it is probably too late to do anything to protect your assets. But, if you are a planner and looking to protect your assets before you have a problem, this article is for you.
  • Understanding the Differences Between Corporations, LLC's, and Partnerships
    Congratulations on your decision to start a new business. The question you may be asking, though, is what kind of business you should form? What is the difference between a corporation, an LLC, and a partnership? Why form one and not another?
  • An IRS Criminal Investigation at a Glance
    The Internal Revenue Service Criminal Investigation Division serves the American public by conducting criminal investigations regarding alleged tax violation and various money laundering statutes. The IRS is the only federal agency that can investigate potential criminal violations of the Internal Revenue Code. There is a long, complicated investigation process involving many levels of personnel that goes into prosecuting these types of criminals.
  • Voluntary Compliance #1 Goal for 2013, Reports Hawaii Department of Taxation
    The Hawaii Department of Taxation has announced its goals for 2013, and the #1 goal is to increase voluntary compliance. The Department is going to focus its outreach and enforcement efforts on non-compliant groups, including non-residents and persons "new" to the tax system.
  • How to Plan Ahead with Upcoming Tax Changes
    It is wise to know what the tax changes are when planning for the next tax season. Following are a few of the changes for 2013 that could affect the amount of taxes that you will pay.
  • Wischmeyer Professional Service Access Plans
    The world of law, tax and real estate continue to become more and more complex. Costs can be a strong deterrent to a person seeking professional advice. Wischmeyer Professional Services Access Plan allows employers to provide valuable resources to their employees at minimal cost and can even benefit themselves. Access to free consultations with an attorney, accountant or real estate agent with discounts if services are needed for professional resources and services.
  • All Tax Law Articles

Taxation Law - US

  • ABA - Section of Taxation

    The American Bar Association Section of Taxation serves it's members by educating about taxes, and by providing leadership to support the development of an equitable, efficient and workable tax system.

  • Alcohol and Tobacco Tax and Trade Bureau

    The Alcohol and Tobacco Tax and Trade Bureau develops regulations, conducts product analysis and ensures tax and trade compliance with the Federal Alcohol Administration Act and the Internal Revenue Code.

  • Internal Revenue Code

    The Internal Revenue Code is the domestic portion of federal statutory tax law in the United States implemented by the IRS.

  • IRS - Tax Exempt Bond Division

    The mission of the Tax Exempt Bond function of TE/GE is to fairly administer the Federal tax laws applicable to tax-exempt bonds and to provide our customers with top quality service by applying the tax law with integrity and fairness.

  • IRS - Taxpayer Advocate Service

    The Taxpayer Advocate Service's (TAS) job is to ensure that every taxpayer is treated fairly, and that you know and understand your rights. We offer free help to guide you through the confusing process of resolving your tax problems.

  • Taxpayer Bill of Rights

    The Taxpayer Bill of Rights is to help you understand what legislative rights and protections are available to you.

  • United States Excise Tax

    Excise taxes are taxes on a specific good, such as gasoline, and are often included in the price of the product.

  • United States Federal and State Corporate Tax Legislation

    An analysis of the legal and taxation characteristics of legal forms for doing business in the USA.

  • United States International Trade Commission - Harmonized Tariff Schedule

    The HTSA provides the applicable tariff rates and statistical categories for all merchandise imported into the United States; it is based on the international Harmonized System, the global system of nomenclature that is used to describe most world trade in goods.

  • United States Sales Tax

    Sales taxes are taxes placed on the sale or lease of goods and services imposed by state and local administrations.

  • United States Tax Court

    Congress created the Tax Court to provide a judicial forum in which affected persons could dispute tax deficiencies determined by the Commissioner of Internal Revenue prior to payment of the disputed amounts.

  • US Department of the Treasury - Taxes

    Collecting taxes in a fair and consistent manner is a core mission of the Treasury Department. Treasury's priorities in tax administration are enforcing the nation's tax laws fairly and efficiently while balancing taxpayer service and education to promote voluntary compliance and reduce taxpayer burden.

  • US Internal Revenue Service

    The IRS mission is to provide America's taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all.

State Tax Agencies

Taxation Law - International

Organizations Regarding Taxation Law

Publications Regarding Taxation Law