Tax Debt Help
Here are the steps to follow to resolve a past-due unfiled tax return:
Confirm a required return has not been filed: review your tax documents to determine if you were required to file and/or have filed an accurate return under your SSN. If a return was not required to be filed or has been filed, you will need to respond to the IRS and request the filing requirement/delinquency inquiry be deleted. Taxpayers can use IRS Form 15103, Form 1040 Return Delinquency, for this response. Business taxpayers will need to contact the IRS directly to remove the filing requirement. In most cases, IRS delinquent return inquiries start because the taxpayer does not have a record of filing AND the IRS has income reported under the taxpayer’s social security number that indicates there is a filing requirement.
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Contact the IRS: you will need three items from the IRS – transcripts to file an accurate return, an extension of time to file to avoid enforcement, and any special filing instructions. The taxpayer should order an IRS account transcript and an IRS wage and income transcript (shows all W-2s, 1099s, etc.) for the year(s) in question. Analyze the transcripts, the payments made to the IRS, and the income reported to the IRS for accuracy. In some cases, the taxpayer will find erroneous Forms W-2 or 1099 that need to be corrected to resolve the delinquent return inquiry. The taxpayer may also find employment-related tax identity theft if someone is fraudulently using the taxpayer’s social security number for work purposes. The taxpayer can also ask the IRS for any additional time to resolve the late filing return. The extension of time can avoid further enforcement letters and the filing of a premature substitute for return. The taxpayer should also ask about specific filing instructions to resolve the matter.
Gather your original tax documents to file: if the taxpayer needs to file their past-due return, they will need to gather their tax information for the year(s) in question.
Complete your return(s): after completing the return, the taxpayer will want to make sure that their return includes all of their Forms W-2, 1099, etc. on their IRS wage and income transcript for the year. This reconciliation will identify any discrepancies that will need to be addressed in order to file a correct return. If the return does not include or explain the omitted reported income items, the IRS can question the return through an audit or notice.
Prepare a penalty non-assertion letter for penalty relief, if applicable: you can protest any late filing penalties by providing the IRS the unforeseen circumstances outside of your control that caused you to file late. You can attach a request to not assert the late filing penalty with the filed return (if filing by paper). If the IRS ignores the penalty relief request, you will get an opportunity to request abatement after you receive the first IRS assessment letter (usually IRS notice CP 14). Serious illness/incapacitation, lack of information returns needed to file, and ignorance of the tax law are common arguments against the late filing penalty. Financial hardship and reliance on a tax professional are not good arguments for late filing.
If there is a balance owed, determine your collection alternative: if you cannot pay, you will need to determine your best collection option (extension to pay, payment plan, currently not collectible hardship status, or an offer in compromise). If a payment plan is needed, you can attach a Form 9465 to the return to request an installment agreement. If the penalties and interest are not paid with the late return, the IRS will send a notice with any additional interest and penalties after the return is processed.
File the return to the proper IRS location: if the taxpayer is timely in responding before the IRS response date on the notice, they can file at the location noted on the notice. If the taxpayer misses the notice deadline, they should contact the IRS for any special filing instructions. This will expedite the review and acceptance by the IRS.
Monitor the processing and acceptance of the return: IRS operations sometimes have issues with processing late returns. Taxpayers should monitor their notices, IRS account transcripts, and periodically contact the IRS to make sure that the return was received and is being processed. The IRS may have questions related to the late-filed return (late-filed returns, especially those filed on paper, receive more scrutiny from the IRS). If there has been a prior assessment and collection activity, the taxpayer should periodically request a collection hold on the account until the return is processed and accepted.
If applicable, set up a collection alternative and follow up on any collection alternatives: if alternative collection options are needed – such as a payment plan, an extension to pay, or other hardship solutions (currently not collectible or an offer in compromise), the taxpayer will need to act quickly after the tax is assessed to avoid IRS collection enforcement.
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If you think that you may need help filing your 2014, 2015, 2016, 2017, 2018, 2019 & 2020 Form 1040 tax returns or past due tax returns, you may want to partner with a reputable tax relief company who can help you get the tax 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.
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