Business Law

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Do you have a business issue that requires legal assistance? In that case, learn how a trusted Lexington or Chapin attorney can offer the business law solutions you need.

From business formation to dissolution and all matters in between, Lexington and Chapin businesses of any size and industry can turn to a reliable business law attorney for legal services. Businesses and organizations can face many challenges during all stages of development and growth. Therefore, an experienced attorney with a firm grasp of South Carolina and federal business law advises clients on the best strategies for success.

It doesn’t matter if you have a large corporation, a small business, or a new business venture—there are specific tasks that require focused legal services. Additionally, business law has many different facets and can be complicated for even the most seasoned business owners. Having a qualified attorney can mean the difference between a business that is wrought by obstacles and one that thrives.

When is a Business Law Attorney Needed?

The need for an attorney who concentrates in business law arises in several different situations, including:

  • Business formation and dissolution or bankruptcy
  • Employment dispute resolution and adherence to employment laws
  • Adherence to immigration laws
  • Proper application of the Uniform Commercial Code (UCC)—the laws which govern financial transactions within the U.S. This includes leases, contracts, secure transactions, and fraud.
  • Contract drafting, negotiations, and litigation when necessary. This applies to both property leases and product sales.
  • Lawsuits
  • Adherence to antitrust laws, ensuring your business operates ethically and has protection against deceptive or unfair practices from competitors.
  • Protection under copyright laws
  • Adherence to all South Carolina and federal tax laws

Tax Law

Earning an income is terrific, paying taxes not so much. However, paying taxes is an unavoidable part of functioning in modern society. Unless however, you fall under the few exemptions for paying state or federal income tax.

Unfortunately, just paying taxes is often not a simple matter. The federal tax code can be a complicated and treacherous landscape for taxpayers who often find themselves encountering pitfalls. 

These pitfalls can be daunting, particularly for taxpayers who wish to minimize their tax liability, find themselves with unpaid tax debt or want to ensure compliance. Under any of these circumstances, an experienced South Carolina tax lawyer will have a firm grasp of state and federal tax regulations. And be able to advise their clients on the best strategy moving forward.

When Is A Tax Lawyer Needed?

The need for a tax lawyer arises in two situations. The first involves issues that relate to maintaining compliance with Federal and State tax regulations. In the second situation, a tax lawyer may be required to respond to a problem with a taxing authority. Such as an audit or guiding negotiations on an unpaid tax debt. 

One of the more pressing matters a tax lawyer can intervene on involves handling situations in which a taxpayer owes back taxes, has unfiled returns or must respond to efforts to collect a tax debt by the IRS or South Carolina Department of Revenue. 

Unpaid Tax Debt

Unpaid taxes that evolve into a tax debt are subject to collection by the taxing agency. Generally, the IRS or the South Carolina Department of Revenue will send the first notice demanding payment in full. The balance reflected in the letter will include the amount of the tax, any penalties, and interest accrued. The unpaid balance is subject to compound interest and if not paid, can balloon into a substantial amount. 

If a taxpayer is unable to pay the full amount due at the time of the first notice, there are several options available to resolve tax debt. 

Repayment Plans

One of the most common methods to address unpaid tax debt involves entering a repayment plan. For example, the IRS offers a long-term payment plan (more than 120 days). To enter into a long-term repayment plan, a taxpayer must have filed all required returns and owe less than $25,000 in combined tax, penalties, and interest.

Offer In Compromise

A second option for resolving unpaid tax debt involves an offer in compromise. An offer in compromise allows a taxpayer to settle your tax debt for less than the full amount owed. The IRS generally does not accept settlement offers but will consider an Offer in Compromise based on its standards for qualification and repayment. Before applying for an Offer in Compromise, a taxpayer must file all required tax returns. 

When applying for an Offer in Compromise, a taxpayer may need to make an initial payment. Further, the IRS will look at several factors regarding the tax debt. This includes whether there is a doubt as to liability: 

  • If there is a doubt that the amount owed is fully collectible
  • Where collecting a bona fide tax debt would create an economic hardship
  • Would be unfair and inequitable because of exceptional circumstances.

Wage Garnishment, Bank Levy And Liens

If you ignore a tax debt, both state and federal tax authorities are authorized to collect the amount owed. They can do this through wage garnishment, levies against bank accounts, and liens against real property. Just like any other creditor who has a collectible judgment, the IRS or South Carolina Department of Revenue may attach a taxpayer’s assets to secure the collection of a debt.  

Audit Representation

The most common and intimidating encounter individuals or businesses entities often find themselves in involves a situation in which you do not report required tax filings, underpay taxes resulting in tax debt or the taxing agency calls into question information included in a tax filing thus resulting in an audit.   

IRS Audits Or South Carolina Department Of Revenue Audits

Examining an organization’s or individual’s accounts and financial information to ensure information is reported correctly according to the tax laws is called an audit. Additionally, to verify the reported amount of tax is correct.

An organization’s or individual’s accounts and filings are often selected randomly. Therefore it does not mean the target of the audit has done anything wrong. In other cases, the IRS/SCDR will conduct an audit because something in a tax filing has raised a red flag. This requires a further examination for compliance with tax laws. 

Audits are conducted by mail or through an in-person interview. When an audit is conducted by mail, the taxpayer needs to send in documentation to support the taxpayer’s filing. In many cases, this type of documentation is used to prove the validity of tax deductions or credits. An in-person audit is a more intensive process whereby a tax examiner will question the taxpayer and review documents in person. 

State And Federal Payroll Tax Compliance

Employers must comply with state and federal payroll tax responsibilities. Including making sure withholdings for state taxes, federal taxes, Social Security and Medicare taxes under FICA are accurate.

For individual taxpayers and business owners, hiring the right Tax lawyer is an important decision. This decision is made with the choice-tax lawyer’s professional focus in mind.

Unfiled Returns

A tax lawyer can provide guidance when an individual taxpayer or business fails to file tax returns when required.  Generally, taxpayers are required to file an annual tax return. That is, unless the IRS/SCDR grants an extension to file a late return. Business filers often are required to file returns more frequently. Thus placing a more significant burden for compliance on them. 

In either case, failing to file a tax return can result in penalties and further scrutiny by the IRS or South Carolina Department of Revenue. If a taxpayer or business has unfiled tax returns, it is essential to seek advice from an experienced tax lawyer. This should be someone who can guide your tax filings back into compliance and minimizing the cost of doing so. 

Call a South Carolina Business & Tax Attorney Today

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Set you and your organization up for success by choosing an experienced business & tax law attorney for any legal issue you may have. The trusted attorneys at McCutchen McLean, LLC are dedicated to your business’s success and will provide counsel and representation to guide you through any business challenge. Our practice can also provide advice to individuals across all facets of tax law. Contact our Lexington or Chapin office today at (803) 785-4529 to discuss how we can meet your business & tax needs.



James McCutchen drafted our estate planning documents and he did a fantastic job. The entire process was easy and affordable. I highly recommend James for any of your estate planning or probate needs.



James McCutchen helped me with my business contract for my new business venture. He was able to offer helpful and informative suggestions and recommendations for my contract. It is reassuring to have someone like James look over my contract to know that I will be covered. His service was outstanding and I highly recommend him for your legal needs!!



I recently had a tax issue with the IRS. I called McCutchen McClean law firm and they were able to fit me in quickly. They sat down with me, reviewed all the documents, listened to my concerns, and gave me wonderful advice as to how to fix the issue. They were friendly and understanding. Now, my tax issue is resolved, taking a HUGE weight off my mind. I would recommend them for any tax issue you may have! The service, hospitality, knowledge, and professionalism was outstanding!



We recently used James McCutchen and we could not be any happier! He was very kind, thorough when answering all of our questions and the best part of all we got everything completed pretty quickly. We highly recommend James. Thanks again for everything!



I have referred several clients to them. My clients are very happy with the outstanding, timely service they receive. James and Robin are extremely smart and professional, yet speak in "plain english" so everyone walks away educated regarding their tax, estate or family law issue.



Smart people that do great work.



I used Robin McLean as an attorney to secure a divorce about 20 months ago. I found her to be efficient, reasonably priced, and very well skilled. I was completely happy with her work. She did what she said. Since that time, I needed additional help with paperwork and she responded promptly and to my complete satisfaction. I highly recommend Robin as an attorney.


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