The April 15 tax filing deadline is now well in the rear view mirror, but many U.S. taxpayers remain burdened with the stress and anxiety that can come from having one or more unfiled returns outstanding. The Internal Revenue Service estimates that approximately ten million taxpayers, for one reason or another, fail to get their returns filed each and every year. The individuals and businesses run the risk of mounting fees and penalties, and potentially even criminal prosecution.
NEED HELP WITH IRS BACK TAXES, AUDIT REPRESENTATION OR SMALL BUSINESS TAX PREPARATION?
ADVANCE TAX RELIEF LLC
www.advancetaxrelief.com
BBB A+ RATED
CALL (713)300-3965
The IRS will eventually find and pursue non-filers in order to compel their compliance. At Advance Tax Relief LLC, we have vast experience successfully assisting non-filers with the process of regaining good standing with the government, often greatly mitigating fines and penalties. Our tax attorneys are prepared to address your concerns, review your financial data and determine how best to effectively achieve resolution.
Pursuit of non-filers by the IRS
Though it may not happen immediately, those who fail to file tax returns will eventually be called to account by the IRS. Revenue agents, auditors and collection officers are employed by the agency as part of the IRS Non-Filer program for purposes of identifying delinquent taxpayers and urging their full compliance with filing requirements.
The IRS works to match Form W-2 and Form 1099 information it has received from employers to filing records of individual taxpayers. Other pertinent information will be gathered and a CP59 Notice may be issued, informing the taxpayer of their need to file a return for one or more years or explain why those returns are unnecessary.
If you have received such a communication from the IRS, it is wise to enlist the aid of a skilled tax attorney who understands how to address unfiled tax returns, comb through financial information and return the taxpayer to good standing.
Key considerations concerning unfiled returns
If your unfiled tax returns are causing sleepless nights and worry, scheduling a consultation with Advance Tax Relief LLC from our team will start the process of resolution and help you achieve peace of mind.
Some important factors that will be explored include:
· The number of outstanding unfiled returns
· All accessible income and expense records
· Relevant business records
· Potential for penalties and fines
· Appropriate time to disclose and file
· Relevant statute of limitations, if any
Procrastination and fear behind some non-filer cases
There are numerous reasons why some taxpayers fall behind with their annual filings. For some, it is simply the result of procrastination and forgetfulness. Others fail to file because they believe they will be unable to pay their tax bill, once determined.
Regardless of why you may have fallen out of compliance, swift action to achieve resolution is critical. The financial sanctions for failing to file can be significant and will mount quickly if not addressed. The IRS assess substantial amounts of interest and penalties, which vary depending on the amount of tax owed and the length of delinquency. If fraud and/or evasion are suspected, the penalties become even more onerous and the possibility of criminal prosecution becomes very real.
Fortunately, the IRS is often amenable to requests for abatement of penalties under a wide range of circumstances, and at Advance Tax Relief, we are very experienced with the process of securing such relief for our clients. Seeking dispensation from the IRS can be a complicated undertaking, and therefore it makes good sense to secure the aid of trusted professionals who can guide you through each step and bolster your chances of success.
Get help with unfiled back tax returns today
Many taxpayers who have failed to file tax returns have been pleasantly surprised to discover that not only can they get back into compliance with relative ease, they are actually entitled to refunds. However, taxpayers generally only have three years from the original return due date to claim those funds. After that, the refund amount may be forfeited to the government.
GET TAX RELIEF HELP TODAY
If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.
Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.
Advance Tax Relief is rated one of the best tax relief companies nationwide.
#TaxDebtProblems #FilingBackTaxes #TaxReliefPrograms #IRSDebtForgivenes #TaxAttorneysNearMe #IRSLawyer #TaxReliefFirms #OfferInCompromise #TaxResolution #LocalTaxAttorney #HelpFilingBackTaxes #TaxDebtSettlement #TaxReliefAttorneys #IRSHelp #TaxRELIEF #TaxAttorneys #AuditHelp #BackTaxes
#OfferInCompromise #WageGarnishmentHelp #AuditReliefHelp #SmallBusinessTAXES
Monday, July 29, 2019
Thursday, July 25, 2019
PAYROLL BACK TAX HELP - FORM 941
Employers are required to withhold payroll taxes from the wages earned by their employees and are required to forward these withholdings to the IRS. Under the Internal Revenue Code, an employer is required to collect, account for and pay taxes that have been withheld from employees’ wages.
An employer is required to withhold Federal Income tax, Social Security tax and contribute a portion of Social Security tax as well. These withholdings must then be deposited at a bank for transfer to the IRS. Additionally, if the business has employees with an active payroll, the business is required to file quarterly a Form 941, Employer’s Quarterly Federal Tax Return, and annually a Form 940, Employer’s Annual Federal Unemployment (FUTA) Tax Return.
Failing to properly file and pay payroll taxes is a serious matter. If the employer fails to timely file and pay payroll taxes, the IRS is authorized to collect these taxes from the business or even a person or persons who are responsible for withholding and paying these payroll taxes to the IRS. The IRS typically employees Revenue Officers to work on collecting payroll taxes and to investigate the financial health of the business. Failure to correct a delinquent payroll tax matter could result in the closure of the business and liquidation of the business assets.
NEED HELP WITH IRS BACK TAXES, AUDIT REPRESENTATION OR SMALL BUSINESS TAX PREPARATION?
ADVANCE TAX RELIEF LLC
www.advancetaxrelief.com
BBB A+ RATED
CALL (713)300-3965
GET TAX RELIEF HELP TODAY
If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.
Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.
Advance Tax Relief is rated one of the best tax relief companies nationwide.
#TaxDebtProblems #FilingBackTaxes #TaxReliefPrograms #IRSDebtForgivenes #TaxAttorneysNearMe #IRSLawyer #TaxReliefFirms #OfferInCompromise #TaxResolution #LocalTaxAttorney #HelpFilingBackTaxes #TaxDebtSettlement #TaxReliefAttorneys #IRSHelp #TaxRELIEF #TaxAttorneys #AuditHelp #BackTaxes
#OfferInCompromise #WageGarnishmentHelp #AuditReliefHelp #SmallBusinessTAXES
Wednesday, July 24, 2019
IRS OFFER IN COMPROMISE & TAX SETTLEMENTS
The federal government does not wish to bankrupt you. Nor does the government wish to create unfair financial hardship for you. At the same time, the government would like to collect at least a portion of the outstanding tax debt owed. The IRS Offer in Compromise program is designed to help alleviate some of the burden of outstanding tax debt for taxpayers experiencing hardship while still ensuring the IRS receives some of the revenue needed to sustain the country’s government.
NEED HELP WITH IRS BACK TAXES, AUDIT REPRESENTATION OR SMALL BUSINESS TAX PREPARATION?
ADVANCE TAX RELIEF LLC
www.advancetaxrelief.com
BBB A+ RATED
CALL (713)300-3965
An offer in compromise isn’t easy to secure. In fact, it’s estimated that only one in every five applicants for the program are approved. Nevertheless, it’s entirely possible you may qualify and it’s certainly worth investigating if applying for the program makes sense for you.
WHAT IS AN IRS OFFER IN COMPROMISE?
An IRS offer in compromise (IRS OIC) is a type of tax relief that allows a taxpayer to settle tax debt with the IRS for less than the full amount owed. The IRS is provided authority to settle tax liabilities under 26 U.S.C. section 7122(a).
This program also allows taxpayers that do not agree that they owe the tax a chance to file an Offer in Compromise and have their tax liabilities reconsidered.
The Offer in Compromise program allows taxpayers to get a fresh start.
All back tax liabilities are settled with the amount of the Offer in Compromise.
Federal and state tax liens are generally released upon acceptance of an Offer in Compromise and payment of the amount offered.
Taxpayers can compromise all types of taxes, penalties and interest.
Even payroll taxes and civil penalties from payroll taxes can be compromised.
The program is certainly appealing to taxpayers with a large amount of outstanding tax debt. However, the program isn’t meant to provide anyone and everyone with relief from tax debt. Generally speaking, the IRS cannot accept a settlement offer if the taxpayer can afford to pay all of what they owe.
WHEN DECIDING WHETHER TO ACCEPT OR REJECT AN OFFER, THE IRS WILL EVALUATE THREE THINGS
Ability to pay and doubt as to collectibility: The IRS will compute a taxpayer’s ability to pay based on reasonable collection potential (RCP). The IRS likely won’t accept an offer if it is less than the reasonable collection potential.
Certainty regarding the liability: The IRS will take into account whether or not tax debt exists or the amount of tax debt is correct based on the applicable tax code provisions.
Hardship, equity, or exceptional circumstances: The IRS will also evaluate whether or not paying the tax debt will create hardship or some form of inequity.
The three aspects that the IRS evaluates gives rise to three different types of offer in compromise.
TYPES OF OFFER IN COMPROMISE
Doubt As To Collectibility Offer In Compromise
The most common form of offer in compromise is an offer for doubt as to collectibility. This type of offer in compromise is also the easiest to earn. Often, even if there is a chance for a doubt as to liability or effective tax administration offer, an attorney will still prefer to file a doubt as to collectibility offer. For this type of offer, the IRS will consider your reasonable collection potential.
Reasonable collection potential is the amount the IRS can expect to collect from you (based on the IRS Collection Financial Standards) before the collection statute expiration date. The standards are comprised of national and local standards for expenses such as housing, food, clothing, transportation, etc. In calculating expenses to calculate reasonable collection potential, you should use the lesser of what you pay or the national or local standard. Unless higher amounts can be substantiated as “necessary”, you should not use an expense above the standard. The basic formula for calculating reasonable collection potential is as follows:
Reasonable collection potential = (gross monthly income – reasonable monthly expenses) x 120 + equity in assets
The IRS will have 10 years to collect the debt, which is where the 120 comes from. The reasonable monthly expense amounts will be based on the financial standards. If your assets outweigh the total tax debt, or you have high rent or mortgage, you likely won’t qualify for this type of offer in compromise.
DOUBT AS TO LIABILITY OFFER IN COMPROMISE
If you have reason to believe that the tax amount the IRS says is owed is incorrect, you can file an offer for doubt as to liability. Doubt as to liability may arise if you believe an audit was conducted incorrectly or returns were improperly filed. The IRS prefers that you attempt alternative methods of resolution before filing this type of offer. The IRS offers alternatives to filing a doubt as to liability offer on page three of Form 656L. If there is already a final court judgement or decision on your case, you will not be able to file a doubt as to liability offer.
EFFECTIVE TAX ADMINISTRATION OFFER IN COMPROMISE
An effective tax administration offer in compromise is essentially a plea for help when you don’t meet the requirements for a doubt as to collectibility offer. You can file an effective tax administration offer if you have the means to pay back all of your tax debt, but doing so would cause extreme economic hardship. An effective tax administration offer may be warranted if:
The taxpayer has income, but the income is exhausted taking care of dependents with no other means of support.
The taxpayer has a disability, medical condition, or long-term illness that prevents them from earning a living.
The taxpayer has assets that if liquidated would render the taxpayer unable to meet basic living expenses.
This type of offer is extremely hard to earn and is often unsuccessful. You’ll need to articulate an extremely good reason for the IRS to forgive debt you could otherwise pay in full.
HOW MUCH WILL THE IRS SETTLE FOR AN OFFER IN COMPROMISE?
In 2017, the IRS accepted 25,000 offers, which amounted to $256.862 million. If you divide that amount by 25,000 you get an average settlement amount of $10,274.48. Of course, each case is going to vary greatly depending on the amount of tax debt and the circumstances surrounding the tax debt. You can view our past offer in compromise results to see that settlements range anywhere from $2,000 to $51,000 and above. Likewise, the tax savings also vary. For a doubt as to collectibility offer, the IRS will not settle below reasonable collection potential. If your offer is a doubt as to liability offer, the IRS will not settle below what the correct tax should be. An attorney can analyze your unique situation to help you better determine what kind of offer the IRS will settle for.
DO I QUALIFY FOR AN IRS OFFER IN COMPROMISE?
You can perform a basic self-assessment to determine whether or not you meet the threshold requirements for the offer in compromise program. There are a number of pre-qualifiers you must meet to be eligible for the program. If you answer yes to any of the pre-qualification questions below, you likely won’t qualify for the program:
Have you failed to file any required federal tax returns?
Have you failed to make any required estimated tax payments?
Do you have an open bankruptcy proceeding?
Have you failed to provide all required federal tax deposits for employment taxes (if applicable)?
Of course, it would not be wise to only consider the basic self-assessment when determining if you qualify. An IRS tax attorney can review your case in depth to help you determine if an offer in compromise makes sense for you.
HOW TO APPLY FOR AN OFFER IN COMPROMISE IN HOUSTON TEXAS
If it appears you qualify for an offer in compromise, you can apply by filing Form 656B, otherwise known as the offer in compromise booklet. Your completed application will include:
A completed 656 for personal tax debt and/or business tax debt (if both they will need to be on separate forms)
A completed Form 433-A (for individuals) or Form 433-B (for businesses)
Evidence and documentation requested in Form 433 A or B
A non-refundable application fee of $186 along with initial payment for each 656 submitted
Proper evidence and supporting documentation will be crucial in getting an offer in compromise accepted. Your attorney will help you compile evidence and fill out the required forms.
WHY YOU SHOULD TRUST ADVANCE TAX RELIEF TO REPRESENT YOU FOR AN OIC?
Filing and negotiating an offer requires an extensive background in Federal Tax Procedure. Your tax professional must know the laws and Internal Revenue Manual guidelines for the various methods that the IRS uses to evaluate reasonable collection potential.
Be wary. There are many scams associated with the Offer in Compromise program that are promoted by third parties. Many national tax agencies will offer to settle your tax debt for pennies on the dollar and will quote an affordable price for preparation. However, this fee does not include many of the hidden extras associated with the offer process. Most national tax agencies only prepare the tax forms associated with an Offer in Compromise and will not pre-screen offers for acceptance, review substantiation documents, negotiate with the IRS after the initial determination, or guide you through the appeals process should your offer not be accepted. We have encountered a number of these scams in our daily practice and encourage taxpayers to be vigilant when choosing tax counsel to represent them in the offer in compromise process. For more information, please see our page on National Tax Agencies.
Upon retaining us, all potential offer candidates go through a rigorous financial analysis to determine if an offer in compromise is right for you. We work intimately with our clients to draft an offer that is carefully tailored to your individual situation and we will also help you gather the necessary supporting documentation. Once the federal or state government has processed your offer, our skilled negotiating team will work diligently to get you the best possible resolution. Because we only file quality offers and are extremely experienced in preparing them, we have a high success rate with both federal and state tax authorities. Let our reputation and our record work for you.
Don’t wait. If you qualify for the Offer in Compromise program you can save thousands of dollars in taxes, penalties and interest. If you have any questions or if we can further assist you, contact Advance Tax Relief today filling out a contact form or calling one of our offices to setup a complimentary case evaluation with one of our IRS tax attorneys.
GET TAX RELIEF HELP TODAY
If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.
Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.
Advance Tax Relief is rated one of the best tax relief companies nationwide.
#TaxDebtProblems #FilingBackTaxes #TaxReliefPrograms #IRSDebtForgivenes #TaxAttorneysNearMe #IRSLawyer #TaxReliefFirms #OfferInCompromise #TaxResolution #LocalTaxAttorney #HelpFilingBackTaxes #TaxDebtSettlement #TaxReliefAttorneys #IRSHelp #TaxRELIEF #TaxAttorneys #AuditHelp #BackTaxes
#OfferInCompromise #WageGarnishmentHelp #AuditReliefHelp #SmallBusinessTAXES
Monday, July 22, 2019
IRS BACK TAXES HELP: KNOW YOUR OPTIONS AS A TAXPAYER
Learn about the options you have to deal with back tax debt owed to the IRS.
One of the most common questions I hear is, "I owe the IRS years of back taxes, what are my options?" Many taxpayers gravitate towards the Offer in Compromise (OIC) program, possibly falling victim to the late night television commercials that claim "we can settle your back tax debt for pennies on the dollar." No reasonable person would pass up the opportunity to settle their IRS debt for "pennies on the dollar," but the reality is those types of resolutions are few and far between. While an OIC may work for some, it certainly does not work, or make sense, for all. The good news is the IRS has many other options available to alleviate an individual's back taxes. This article will explain the main resolution options available to taxpayers, when those options would be most advantageous, and the pros and cons of each method.
NEED HELP WITH IRS BACK TAXES, AUDIT REPRESENTATION OR SMALL BUSINESS TAX PREPARATION?
ADVANCE TAX RELIEF LLC
www.advancetaxrelief.com
BBB A+ RATED
CALL (713)300-3965
INSTALLMENT AGREEMENT PLANS
Don’t be surprised to find out how few taxpayers consider entering into an installment agreement to pay off their back taxes, especially considering it is often the best option for a variety of reasons. The IRS labels a taxpayer in an installment agreement as compliant, which reduces the amount of IRS letters and phone calls in the short-term while showing a taxpayer’s willingness to cooperate in the long-term.
When To Use. The easiest way to answer this question is to list when an installment agreement should not be used, which is when another option is far superior. For example, if a taxpayer has a large balance owed to the IRS and can only afford to make minimal installment payments another resolution option is more desirable because the taxpayer would barely be paying off the principal of their debt. That being said, the fact remains that an installment agreement should always be considered, even if only as an interim solution while considering other methods.
Pros. IRS will be happy; prevents IRS from taking further collection action; flexible; almost always available.
Cons. Interest continues to accrue; could take years to pay off debt; must remember to make payments or else default (not an issue if utilize the direct debit option).
FILE AND AMEND PAST TAX RETURNS
Another way to reduce tax debt that often gets overlooked is filing an amended return or filing a return past the deadline where none was ever filed. Sometimes a taxpayer can reduce their liability by amending their return if the taxpayer’s liability was overstated on their original return. Similarly, if a taxpayer fails to file a return the IRS may file a substitute for return, which gives the taxpayer the minimal exemptions and deductions. Obviously, this is not optimal for the taxpayer and potentially leaves many dollars on the table for some taxpayers.
When To Use. Filing an amended or original return is another option that should always be considered because of the direct reduction in liability that would result. Specifically, it is best where a taxpayer’s liability is overstated due to an IRS substitute for return or tax preparer error, typically for Schedule C filers. Another instance where filing a return late is beneficial is where the taxpayer would receive a refund from their taxes withheld during the year or from a particular credit. However, there is a three year statute of limitations to claim a refund and it would be applied against the balance owed to the IRS.
Pros. Dollar for dollar decrease of tax liability; potential penalty and interest abatement.
Cons. Takes knowledge of tax code; statute of limitations issues.
OFFER IN COMPROMISE
The OIC is the resolution method that gets all the publicity, but similar to many things that seem too good to be true, it often is. However, where the circumstances are right, the OIC can be the best route for a taxpayer with back taxes.
When To Use. The OIC program works on a sliding scale of sorts, balancing a taxpayer’s liability owed to the IRS against their income, expenses, assets, and equity. There is no hard and fast rule but generally, the higher a taxpayer’s liability and the lower a taxpayer’s ability to pay (through income and liquidation), the better a candidate the taxpayer is for an OIC. Also, a taxpayer interested in an OIC must have no delinquent returns, must have made all estimated tax payments and deposits, and must not be in an open bankruptcy.
Pros. Reduces taxpayer’s debt via settlement; certain collection actions suspended; can keep certain assets.
Cons. Must make high initial payment; zero tolerance for noncompliance before, during, and five years after OIC; potential need to liquidate assets; could take a couple years to complete.
IRS PERIOD TO COLLECT EXPIRES
In most cases, the statute of limitations for the IRS to collect back taxes is 10 years after the IRS has assessed of a tax liability. Essentially, this means the IRS has a 10 year window to collect on a taxpayer’s deficiency and once that window closes the IRS loses its legal claim towards the back taxes. This method sounds great for the avid tax protester, but this is hardly a get out of jail free card because the IRS will still likely take collection action in the form of a tax lien and/or levy.
A lien is a claim on the taxpayer’s property used as security for the taxpayer’s debt (harming their credit rating), while a levy is the legal seizure of the taxpayer’s property to satisfy the debt. Another important aspect is to avoid triggering the various exceptions to the 10 year statute of limitations, which would extend the 10 year period. Common exceptions to be aware of are filing a tax return past the due date, filing an OIC, and filing for bankruptcy.
When To Use. I personally never recommend this avenue unless the circumstances surrounding the taxpayer are severe, such as if a taxpayer has no property (including wages) in which the IRS can attach a lien or levy. However, there are taxpayers out there who are willing to bite the bullet and let collection action occur just for the chance that they can outlast the 10 year period.
Pros. Potential to wipe out taxpayer’s back taxes.
Cons. The very good chance a lien and/or levy will be filed on taxpayer’s property; long period of time to wait; easy to unintentionally trigger an exception to extend the 10 years.
QUICK NOTES ON OTHER METHODS
Penalty Abatement. A request for penalty abatement can partially abrogate a taxpayer’s liability for reasons such as IRS error or delay, erroneous written advice by IRS, or reasonable cause.
Bankruptcy. Contrary to popular belief, filing for bankruptcy will not discharge all tax debt. In reality only certain income tax is capable of being discharged through bankruptcy. As a general rule, the income tax at issue must be from returns that were due at least three years before bankruptcy is filed, assuming the returns were filed within the following year and the tax was assessed soon thereafter.
Innocent Spouse Relief. This is a relief method for one spouse of a joint return who is assessed additional tax based on the erroneous filing by the other spouse. There is much more detail that is involved but generally the “innocent” spouse must not have known of the understatement of tax by the other spouse and it would be inequitable to hold the innocent spouse responsible.
Currently Not Collectable. Also called a temporary delay for hardship, being placed in currently not collectable status is only a temporary solution and is only for taxpayers whose expenses exceed their income. It is not a long-term answer to relieving back taxes.
GET TAX RELIEF HELP TODAY
If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.
Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.
Advance Tax Relief is rated one of the best tax relief companies nationwide.
#TaxDebtProblems #FilingBackTaxes #TaxReliefPrograms #IRSDebtForgivenes #TaxAttorneysNearMe #IRSLawyer #TaxReliefFirms #OfferInCompromise #TaxResolution #LocalTaxAttorney #HelpFilingBackTaxes #TaxDebtSettlement #TaxReliefAttorneys #IRSHelp #TaxRELIEF #TaxAttorneys #AuditHelp #BackTaxes
#OfferInCompromise #WageGarnishmentHelp #AuditReliefHelp #SmallBusinessTAXES
One of the most common questions I hear is, "I owe the IRS years of back taxes, what are my options?" Many taxpayers gravitate towards the Offer in Compromise (OIC) program, possibly falling victim to the late night television commercials that claim "we can settle your back tax debt for pennies on the dollar." No reasonable person would pass up the opportunity to settle their IRS debt for "pennies on the dollar," but the reality is those types of resolutions are few and far between. While an OIC may work for some, it certainly does not work, or make sense, for all. The good news is the IRS has many other options available to alleviate an individual's back taxes. This article will explain the main resolution options available to taxpayers, when those options would be most advantageous, and the pros and cons of each method.
NEED HELP WITH IRS BACK TAXES, AUDIT REPRESENTATION OR SMALL BUSINESS TAX PREPARATION?
ADVANCE TAX RELIEF LLC
www.advancetaxrelief.com
BBB A+ RATED
CALL (713)300-3965
INSTALLMENT AGREEMENT PLANS
Don’t be surprised to find out how few taxpayers consider entering into an installment agreement to pay off their back taxes, especially considering it is often the best option for a variety of reasons. The IRS labels a taxpayer in an installment agreement as compliant, which reduces the amount of IRS letters and phone calls in the short-term while showing a taxpayer’s willingness to cooperate in the long-term.
When To Use. The easiest way to answer this question is to list when an installment agreement should not be used, which is when another option is far superior. For example, if a taxpayer has a large balance owed to the IRS and can only afford to make minimal installment payments another resolution option is more desirable because the taxpayer would barely be paying off the principal of their debt. That being said, the fact remains that an installment agreement should always be considered, even if only as an interim solution while considering other methods.
Pros. IRS will be happy; prevents IRS from taking further collection action; flexible; almost always available.
Cons. Interest continues to accrue; could take years to pay off debt; must remember to make payments or else default (not an issue if utilize the direct debit option).
FILE AND AMEND PAST TAX RETURNS
Another way to reduce tax debt that often gets overlooked is filing an amended return or filing a return past the deadline where none was ever filed. Sometimes a taxpayer can reduce their liability by amending their return if the taxpayer’s liability was overstated on their original return. Similarly, if a taxpayer fails to file a return the IRS may file a substitute for return, which gives the taxpayer the minimal exemptions and deductions. Obviously, this is not optimal for the taxpayer and potentially leaves many dollars on the table for some taxpayers.
When To Use. Filing an amended or original return is another option that should always be considered because of the direct reduction in liability that would result. Specifically, it is best where a taxpayer’s liability is overstated due to an IRS substitute for return or tax preparer error, typically for Schedule C filers. Another instance where filing a return late is beneficial is where the taxpayer would receive a refund from their taxes withheld during the year or from a particular credit. However, there is a three year statute of limitations to claim a refund and it would be applied against the balance owed to the IRS.
Pros. Dollar for dollar decrease of tax liability; potential penalty and interest abatement.
Cons. Takes knowledge of tax code; statute of limitations issues.
OFFER IN COMPROMISE
The OIC is the resolution method that gets all the publicity, but similar to many things that seem too good to be true, it often is. However, where the circumstances are right, the OIC can be the best route for a taxpayer with back taxes.
When To Use. The OIC program works on a sliding scale of sorts, balancing a taxpayer’s liability owed to the IRS against their income, expenses, assets, and equity. There is no hard and fast rule but generally, the higher a taxpayer’s liability and the lower a taxpayer’s ability to pay (through income and liquidation), the better a candidate the taxpayer is for an OIC. Also, a taxpayer interested in an OIC must have no delinquent returns, must have made all estimated tax payments and deposits, and must not be in an open bankruptcy.
Pros. Reduces taxpayer’s debt via settlement; certain collection actions suspended; can keep certain assets.
Cons. Must make high initial payment; zero tolerance for noncompliance before, during, and five years after OIC; potential need to liquidate assets; could take a couple years to complete.
IRS PERIOD TO COLLECT EXPIRES
In most cases, the statute of limitations for the IRS to collect back taxes is 10 years after the IRS has assessed of a tax liability. Essentially, this means the IRS has a 10 year window to collect on a taxpayer’s deficiency and once that window closes the IRS loses its legal claim towards the back taxes. This method sounds great for the avid tax protester, but this is hardly a get out of jail free card because the IRS will still likely take collection action in the form of a tax lien and/or levy.
A lien is a claim on the taxpayer’s property used as security for the taxpayer’s debt (harming their credit rating), while a levy is the legal seizure of the taxpayer’s property to satisfy the debt. Another important aspect is to avoid triggering the various exceptions to the 10 year statute of limitations, which would extend the 10 year period. Common exceptions to be aware of are filing a tax return past the due date, filing an OIC, and filing for bankruptcy.
When To Use. I personally never recommend this avenue unless the circumstances surrounding the taxpayer are severe, such as if a taxpayer has no property (including wages) in which the IRS can attach a lien or levy. However, there are taxpayers out there who are willing to bite the bullet and let collection action occur just for the chance that they can outlast the 10 year period.
Pros. Potential to wipe out taxpayer’s back taxes.
Cons. The very good chance a lien and/or levy will be filed on taxpayer’s property; long period of time to wait; easy to unintentionally trigger an exception to extend the 10 years.
QUICK NOTES ON OTHER METHODS
Penalty Abatement. A request for penalty abatement can partially abrogate a taxpayer’s liability for reasons such as IRS error or delay, erroneous written advice by IRS, or reasonable cause.
Bankruptcy. Contrary to popular belief, filing for bankruptcy will not discharge all tax debt. In reality only certain income tax is capable of being discharged through bankruptcy. As a general rule, the income tax at issue must be from returns that were due at least three years before bankruptcy is filed, assuming the returns were filed within the following year and the tax was assessed soon thereafter.
Innocent Spouse Relief. This is a relief method for one spouse of a joint return who is assessed additional tax based on the erroneous filing by the other spouse. There is much more detail that is involved but generally the “innocent” spouse must not have known of the understatement of tax by the other spouse and it would be inequitable to hold the innocent spouse responsible.
Currently Not Collectable. Also called a temporary delay for hardship, being placed in currently not collectable status is only a temporary solution and is only for taxpayers whose expenses exceed their income. It is not a long-term answer to relieving back taxes.
GET TAX RELIEF HELP TODAY
If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.
Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.
Advance Tax Relief is rated one of the best tax relief companies nationwide.
#TaxDebtProblems #FilingBackTaxes #TaxReliefPrograms #IRSDebtForgivenes #TaxAttorneysNearMe #IRSLawyer #TaxReliefFirms #OfferInCompromise #TaxResolution #LocalTaxAttorney #HelpFilingBackTaxes #TaxDebtSettlement #TaxReliefAttorneys #IRSHelp #TaxRELIEF #TaxAttorneys #AuditHelp #BackTaxes
#OfferInCompromise #WageGarnishmentHelp #AuditReliefHelp #SmallBusinessTAXES
Thursday, July 18, 2019
SIGNS THE IRS IS ABOUT TO LEVY YOUR WAGES AND BANK ACCOUNTS
Automated Collection Service, IRS levies and property seizures, IRS Seizures, Revenue Officers, Substitute returns, Unfiled returns
It’s what keeps you going from month to month – your wages, and the money in your bank account.
You need it to pay your bills, provide for your family, keep a roof over your head, food on the table, make your car payment.
But at the same time, you owe back taxes to the IRS, and are looking over your shoulder, concerned that the IRS may strike and clean you out.
NEED HELP WITH IRS BACK TAXES, AUDIT REPRESENTATION OR SMALL BUSINESS TAX PREPARATION?
ADVANCE TAX RELIEF LLC
www.advancetaxrelief.com
BBB A+ RATED
CALL (713)300-3965
If any of these signs are true, then your fears are real, and you are indeed at risk for an IRS levy on your wages or bank account:
1. Has the IRS sent you a Final Notice of Intent to Levy and Notice of Rights to an Appeals Hearing? This is the granddaddy of all IRS collection notices, and is identified in the upper left hand corner as an LT11 letter. By law the IRS has to send the Final Notice to you before they can levy. After they send you the Final Notice, tax laws then make the IRS wait 30 days to levy. During this 30 day period, you have the right to stop the levy action by requesting that the IRS office of appeals review the case. This is called a Collection Due Process Appeal.
But if the IRS sent you the Final Notice and you did not appeal, they can now levy you at anytime.
If you are unsure if the IRS has sent you the Final Notice of Intent to Levy, we can secure their internal records and transcripts that can tell us how real the risk of levy is.
2. Has the IRS given you a deadline, and the deadline has passed? Like any good debt collector, the IRS likes putting taxpayers on deadlines. It can be a deadline to get an unfiled tax return in, or to provide the IRS a financial statement on their Form 433A, 433B or 433F. Either way, missed deadlines raises the ire of the IRS. And that, in turn, significantly increases the chance that they will take it out on you with a levy on your wages or bank account. But we can get the IRS the information they are missing.
3. Have you been contacted by an IRS Revenue Officer, but not responded by communicating back in kind? IRS Revenue Officers are the top dogs in IRS collection enforcement. They are local, they and work where you live and work, and have your case because the IRS wants to pay really close attention to you and your tax debt. Ignoring them is done at your peril – don’t do it. If a Revenue Officer has dropped a card off at your house, we need to call her and move the case to resolution. If the Revenue Officer has requested financial records or tax returns, they need to be provided. Remember, when your head is in the mouth of the bear, say nice bear.
4. Do you continue to owe the IRS year after year? The IRS calls this “pyramiding” – every year, the pyramid of your tax debts grows bigger. The IRS can work with us if we stop the problem – what’s done is done. But not getting into compliance and paying taxes going forward results in little mercy from the IRS. Simply put, there is no negotiating to stop them when the problem has not stopped.
If you are self-employed, that means making estimated tax payments. To do that, I recommend that we open up a new, separate bank account, and name it your estimated tax account. Every time you get paid from a customer, we want to take a percent of that payment off the top and escrow it in your estimated tax account. That percent is simple: It is calculated on the ratio of your gross income to your taxes. For example, you are paid $90,000 gross in a year, and that results in a $9,000 in taxes owed to the IRS, your tax rate is 10% of your gross income.
So every time you get paid, 10% of that check would get set aside for the IRS in the estimated tax account. You pay as you go, pay as you get paid. Demonstrating to the IRS that you are setting money aside in an estimated tax account truly can take the sting out of past mistakes.
5. If you have unfiled tax returns, the IRS will not hold back until you get in compliance. This is like not paying year after year. An end has to be put on the problem to negotiate out of it. If you have unfiled tax returns, the IRS will not relent until you get them filed. And how does the IRS get your attention to get those returns filed? They will levy your wages and bank accounts.
Even worse, if you do not file the returns, the IRS has the law on its side in being able to start an investigation and prepare the returns for you. The IRS calls this a Substitute for Return. It is an IRS estimate of your tax liability, and usually result in you owing much, much more than if you filed the return on your own. The good news is that in most circumstances the IRS will still accept the original return after they have filed a Substitute for Return. But problems with getting your returns in is a sure-fire way to provoke the IRS into levying you.
If you have the risk factors for an IRS levy, they can be reduced or eliminated. Even if the IRS sent a Final Notice of Intent to Levy, in most cases they will allow up to a year to file a collection due process appeal late, which will stop the levies. Missed deadlines can sometimes be renegotiated, the sooner the contact after the deadline the better. And if you are going to miss a deadline, call and ask for more time – good faith requests for extensions are usually granted. Revenue Officers need contact, and want what you want – to close a case file.
We need to help the IRS do their job, not restrict it or make it harder. And regardless of past mistakes, escrowing current taxes can be done, and unfiled returns can be prepared to place you in compliance.
Remember, the IRS levies for a reason. With the proper steps, the risk factors of levy can be taken away from the IRS, and an account in the IRS’s active collection enforcement inventory can be put to rest, giving you peace from having to look over your shoulder.
If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.
Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.
Advance Tax Relief is rated one of the best tax relief companies nationwide.
#TaxDebtProblems #FilingBackTaxes #TaxReliefPrograms #IRSDebtForgivenes #TaxAttorneysNearMe #IRSLawyer #TaxReliefFirms #OfferInCompromise #TaxResolution #LocalTaxAttorney #HelpFilingBackTaxes #TaxDebtSettlement #TaxReliefAttorneys #IRSHelp #TaxRELIEF #TaxAttorneys #AuditHelp #BackTaxes
#OfferInCompromise #WageGarnishmentHelp #AuditReliefHelp #SmallBusinessTAXES
Monday, July 15, 2019
WHY THE IRS WANTS TO LEVY YOUR WAGES, AND HOW TO GET THEM TO BACK OFF
IRS levies and property seizures
One of the biggest fears in owing the IRS is not knowing what will come next.
You may feel as if you are always looking over your shoulder, wondering if today is the day the IRS will show its teeth – it’s a horrible feeling.
Maybe you have not heard from the IRS, or they have not heard from you. When the IRS is kept in the dark, they tend to get aggressive. This aggression rears its head in the form of the IRS levying your wages, income, accounts, and property.
Or maybe your account is active in the IRS collection queue, with the IRS calling you or sending letters threatening to take your property.
NEED HELP WITH IRS BACK TAXES, AUDIT REPRESENTATION OR SMALL BUSINESS TAX PREPARATION?
ADVANCE TAX RELIEF LLC
www.advancetaxrelief.com
BBB A+ RATED
CALL (713)300-3965
Think of the IRS as a little kid who is not getting the attention they want, and acting out to get it.
But it does not have to be like that.
Your worrying and looking over your shoulder can be put to rest if you make an agreement with the IRS for the repayment of your taxes.
And your agreement does not have to pay the IRS back, or even pay the IRS at all. The IRS just wants to know what you can do so they can close your file, and move their attention elsewhere.
Here are five options to sooth the IRS, protect your property, and put an end to looking over your shoulder:
Agree to make payments to the IRS, but it in a small amount, only what you can afford.
By law, the IRS cannot force you into an installment agreement that pays them back in full – you can pay less if that’s all you can do. For example, if you owe the IRS $90,000, our tax laws can require them to accept $90/month if it can be proven that’s all you have. This is called a partial pay installment agreement, and it will stop the IRS from levying you.
Once the IRS accepts a partial pay installment agreement, they must immediately stop all levy action against you. However, it is important to remember that the IRS will review a partial pay agreement every two years to see if anything has changed on your end.
IRS accepts you do not have to make any payments.
The IRS calls this “currently not collectible,” also referred to by the IRS as “CNC.” To be currently not collectible, the IRS needs to understand that you are unable to make any payments to them, and have no valuable property that could be used to make payment.
If you can prove to the IRS that you cannot pay, they will back off, and stop coming after you. In their computer, they will place a code, known as Code 53, that puts a hold on any action against you, accompanied by the words Currently Not Collectible. Once the CNC code is input, you and your assets are protected and safe from the IRS. There can be no IRS levy with CNC status.
Enter into an installment agreement to pay everything you owe back to the IRS.
This is called a full pay installment agreement, and would not require any further review or contact from the IRS. In other words, once the IRS has a plan to repay them in full, they close the case file, and should not reopen it.
With a full pay installment agreement, you should no longer have to look back. Remember, tax laws require the IRS to stop levy action while you are in an installment agreement. With a full pay installment agreement, you are done worrying about intimidating IRS collection letters, receiving surprise visits by IRS Revenue Officers, or any future loss of income or property to the IRS.
This is the frequently advertised IRS offer in compromise program. Internal Revenue Code section 7122 permits the IRS to settle a tax debt and accept less than what is owed. Being free from owing the IRS is a sure-fire way to having no IRS worries.
But be careful – getting the IRS to agree to cut what you owe is not as easy as it may seem.
A successful an offer in compromise is based on convincing the IRS that they will never get paid. To do that, the IRS looks at what can be paid to them from your assets, and how much they would get from an installment agreement. If you qualify for a partial pay installment agreement or currently not collectible status, you may be a candidate for an offer in compromise.
THE IRS RUNS OUT OF TIME TO COLLECT BACK TAXES FROM YOU
Yes, it’s true – IRS debts do end. Internal Revenue Code 6502 gives the IRS 10 years to collect. In most cases, when your 10 years expires, the IRS is done. And that means you are done, too – no more IRS attempts to take your property.
Keeping an eye on the clock is a form of IRS forgiveness and is an alternative to an offer in compromise.
Strategies to hold the IRS off now, like currently not collectible or a partial pay installment agreement, permit the clock to continue to run. You can combine solutions, using a currently not collectible or partial pay installment agreement to keep the clock running until the IRS collection end date passes.
Owing the IRS does not have to feel like a constant burden You do not have to spend every day worrying if your wages or accounts will be cleaned out. Protecting you from the IRS means understanding the rules and regulations that require them to back off. Relief from the IRS can be found in our tax laws, which contain options including installment agreements, currently not collectible status, an offer in compromise, and the 10 year period the IRS has to collect.
GET TAX RELIEF HELP TODAY
If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.
Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.
Advance Tax Relief is rated one of the best tax relief companies nationwide.
#TaxDebtProblems #FilingBackTaxes #TaxReliefPrograms #IRSDebtForgivenes #TaxAttorneysNearMe #IRSLawyer #TaxReliefFirms #OfferInCompromise #TaxResolution #LocalTaxAttorney #HelpFilingBackTaxes #TaxDebtSettlement #TaxReliefAttorneys #IRSHelp #TaxRELIEF #TaxAttorneys #AuditHelp #BackTaxes
#OfferInCompromise #WageGarnishmentHelp #AuditReliefHelp #SmallBusinessTAXES
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