I’VE NOT FILED IN TAXES WITH THE IRS. I’M I IN TROUBLE?

What if you have not filed your taxes in years, but have paid taxes to the IRS all the while? In other words, you have unfiled taxes, but probably do not owe the IRS much of anything because your employer took taxes out of your paycheck. How much trouble could you be in with the IRS?

The good news is you likely are not in much trouble at all if you have not filed and do not owe any money to the IRS.

Here’s why:

You are not going to jail for not filing the tax returns.  The IRS likes to prosecute people who do not pay their taxes.  That’s not you.  You paid your taxes, but just did not file your returns.  There is a difference, and the difference takes you out of any IRS criminal exposure.

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No IRS penalties for not filing your returns. Common penalties are late filing, late payment, and not making estimated tax payments. The amount of the penalties can be as much as 20-25% of the tax owed on the return. The key here is the phrase tax owed on the return.  You had withholdings, paid your taxes, and do not owe any tax on your returns.  Since the penalties are calculated on money owed, you will not owe the IRS any penalties – even for not filing the return on time.

There will be no interest charged to you.  The IRS likes to charge interest – but it needs money owed to calculate the interest charges.  If you do not owe the IRS, and have a refund on the returns, regardless of how long it has been since they were to be filed, you will not owe the IRS any interest.

No IRS levy or property seizures.  The IRS can’t take your stuff if you do not owe them money.  If they are trying to take your stuff, the original returns need to be filed so the IRS knows there are no balances due and you have refunds.  Any levies should then be immediately released.

You do not have to go back forever on the unfiled returns.  There is a limit on how far back you have to go to get in compliance with your filings.  You do not have to go back forever. In most every case, filing the past six years’ tax returns will bring you into the IRS’s good graces.  See IRS Policy Statement 5-133 and Internal Revenue Manual 4.12.1.3.

You may be off the IRS’s grid.  The IRS may not even be looking for your returns.  You may not even be on the IRS’s radar.  Here’s why:  Your employer reported your earnings and tax withholdings to the IRS.  The IRS’s computers know what you have earned, and that you have not filed.  But the computers may also see that you had enough withholding, and if you filed, the IRS would owe you.  And guess what?  The IRS does not notify you when they think that they owe you money.  The IRS only comes after you when they think you owe them.

Here is some so-so news that can be turned into good news:

 

The IRS may owe you money on those unfiled returns, and they can pay it to you if you get the returns filed.  And you want that money.  But for the IRS to pay it to you, you need to get those returns filed.  The IRS won’t pay you unless you file.  Filing the returns with refunds leads to good news.  If the IRS owes you, and you have not filed, they will pay you the refunds for the last three years.  And they will pay you interest on those refunds.  Unfortunately, the Internal Revenue Code prevents the IRS from paying you a refund that is more than three years old.

You may have received a bill from the IRS stating that you owe money to them for the years you did not file.  This may be wrong, but the IRS can do this – estimate your liability when you don’t file, and bill you for it.  The technical IRS term for it is a Substitute for Return, with the acronym SFR.  When you don’t file, and the IRS files for you, they often get it all wrong. The IRS will not give you the correct filing status, the right tax rates, will usually allow no dependents, and will not give you a deduction for mortgage interest, or charitable contributions, or employee business expenses, or your business expenses if you are self-employed.

An IRS substitute return can be corrected by preparing the original returns and filing them with the IRS.  In most every case, the IRS will accept the right numbers – yours – and allow you all the deductions you are entitled to.  The result is the IRS changing your return from a balance due to a refund, or in the very least, to a smaller, correct amount owed.

In summary, if left to their own devices, the IRS may determine that you are owed money, and never pay it to you if you do not file your returns.  Or they may incorrectly think that you owe them money, make a substitute return filing, and bill you for it.  Preparing and filing past due tax returns can not only get you the refunds, but correct erroneous IRS actions in estimating your taxes.

GET TAX RELIEF HELP TODAY

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 max refund and reduce your chances for an IRS AUDIT.

 

Advance Tax Relief is headquartered in Houston, TX. 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.

 

#FreshStartInitiative

#OfferInCompromise

#TaxPreparation 

#TaxAttorneys

#TaxDebtRelief

#TaxHelp 

#TaxRelief

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SELLING YOUR HOUSE? HOW TO REMOVE YOUR UNPAID FEDERAL TAX LIEN

You are in the process of selling your house, and your bank alerts you that they found an IRS tax lien, and it needs to be removed for your buyer.

It is not financially feasible for you to pay the IRS lien in full to have it immediately removed.

However, you can still successfully clear the title and sell your house.

The IRS has a lien removal process that allows us to clear the lien, the title, and close your sale even if you are only able to pay some, or none, of what you owe.

NEED HELP WITH OFFER IN COMPROMISE, TAX SETTLEMENTS, TAX PREPARATION, AUDIT REPRESENTATION OR STOP WAGE GARNISHMENTS?

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The lien removal process begins with IRS calculations based on the amount you will receive from selling your house.

The IRS formula includes the following:

Sale price of your house.

Amount you owe on your home mortgage.

Closing costs (like real estate commissions).

From the sale price, the IRS deducts the amount you owe on your mortgage along with the closing costs. After the deductions, the amount you are left with is your home equity.

If your home equity is less than what you owe the IRS, you will be able to pay some but not all of your taxes. That is not a barrier to lien removal. The IRS can agree to remove the tax lien even if you have no home equity and cannot pay at all.

Here are two examples, one demonstrating the lien removal process if you have some leftover home equity, the other if you do not:

Example #1 – Equity

You owe the IRS $80,000 and have your house under contract at a sale price of $200,000. Your mortgage balance is currently $160,000, and closing costs will be $10,000. Your home equity is $30,000 ($200,000 sale price – $160,000 mortgage – $10,000 closing costs).

The IRS will accept $30,000 (home equity) of the $80,000 you owe them and remove their tax lien from the house.

Example #2 – No Equity

You owe the IRS $80,000, your sale price is $200,000, but you owe $190,000 rather than $160,000 on your mortgage. Closing costs are still $10,000. In this case, your home equity is $0 ($200,000 sale price – $190,000 mortgage – $10,000 closing costs).

The IRS will remove their tax lien from your house without any payment to them as you have no home equity.

If your home equity is less than the amount you owe the IRS, they will accept the equity in exchange for removing the lien. As the examples demonstrate, the IRS can approve the removal of your tax lien so you can sell your house even if there is not enough home equity to pay them. IRS just gets what you would have received from the sale.

The IRS does have a formal application process we need to follow for acceptance of your payment amount on the lien.

The process for lien removal requires the following:

Proof that your house’s value is not worth more than your sale price. The IRS wants to make sure that you receive full market value for selling your house to ensure they get as much from their lien as possible. To show your sale price is correct, the IRS will require two appraisals of your house, consisting of

An independent appraisal by a professional appraiser, and

Your county tax assessor’s valuation of the property, or an informal valuation of property by a disinterested third party.

The two valuations should be equal to or less than your sale price. If they are greater than your sale price, the IRS can reject the lien removal and want you to get more for the house (and for them).

Copy of your sales contract/purchase agreement.

Copy of a title report on your house, listing all mortgages and liens (including the IRS’).

Closing/settlement statement for the sale, showing your real estate commissions and closing fees that will be deducted.

Copy of the deed/title to your house.

Copy of your Federal tax liens.

Filing of IRS Form 14135, Application for Discharge of Property from Federal Tax Lien. The IRS calls your lien removal a “discharge,” the legal terminology under Internal Revenue Code Section 6325. Section 6325 of the tax code grants the IRS the power to remove your tax lien in return for payment of any equity. The discharge application is designed to satisfy the requirements of Section 6325.

It is important for us to get the application for lien discharge and supporting records filed with the IRS as soon as your house is under contract. It can take the IRS 45-60 days to approve the application, so prompt action is best to manage delays in your closing.

A discharge application is not required if your home equity is more than your IRS debt, resulting in your receipt at closing of enough money to pay your tax debt in full. The IRS will require payment in full and will file a lien release showing you no longer owe the taxes.

An IRS lien removal on your home requires a formal application process and must comply with Internal Revenue Code 6325. Your application requires that the IRS receive your equity to remove the lien. If you have no equity to pay the IRS, that’s okay too. IRS can approve lien removal for as little as nothing. News of an IRS tax lien should not change your plans of selling your house.

GET TAX RELIEF HELP TODAY

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 max refund and reduce your chances for an IRS AUDIT.

Advance Tax Relief is headquartered in Houston, TX. 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.

#FreshStartInitiative

#OfferInCompromise

#TaxPreparation

#TaxAttorneys

#TaxDebtRelief

#TaxHelp

#TaxRelief

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I HAVE NOT FILED TAX RETURNS IN YEARS - HOW DO I FIX THIS ISSUE?

You have not filed your tax returns with the IRS in years, and want to put that behind you and make amends with the IRS.

But how many years of unfiled returns do you need to prepare to become compliant with the IRS?

The good news is that the IRS does not require you to go back 20 years, or even 10 years, on your unfiled tax returns.

In most cases, the IRS requires you to go back and file your last six years of tax returns to get in their good graces.  And then, to make arrangements on payment of what is owed.

 

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That’s right, a fairly reasonable and more manageable six years and working with IRS collections on payment options.

 

The six year enforcement period for delinquent returns is found in IRS Policy Statement 5-133 and Internal Revenue Manual 1.2.14.1.18.

 

Part of the reason the IRS requires six years is manpower – the IRS cannot administer and staff the enforcement of unfiled tax returns going back as far as 10 or 20 years.  And believe it or not, the IRS’s records rarely, if ever, go back that far.  The IRS is looking to draw a line in the sand that is consistent with their internal resources, and at the same time secure a good faith effort at compliance from taxpayers to get current.  And that line in the sand is six years.

 

As for payment of what you will owe after the returns are filed, the IRS offers several programs, including installment agreements, offer in compromise settlements, and even currently not collectible status (where the IRS agrees not to enforce collection of your tax debt as it would create a financial hardship).  In some situations, bankruptcy can eliminate what you owe on the returns, too.

 

Bear in mind that this is a general rule, and will likely apply to most taxpayers who seek in good faith to come forward to the IRS on their unfiled tax returns.  The IRS can seek enforcement of longer periods if there are unique circumstances, such as income from illegal sources or hiding or concealing assets.  That is the exception, not the rule.

 

Indeed, not filing your tax returns is most always a civil issue (not criminal) that simply requires (1) filing the last six years’ tax returns and (2) making arrangements with the IRS to repay what you owe.

 

If you do not have all the records to prepare the returns, the IRS will often have copies of your W2s, 1099s, etc.  There are also methods to recreate your income and business expenses if your records are incomplete – one way, for example, is to determine your living expenses for any year you did not file.  You likely earned at least what you spent, and that forms a basis to recreate your income for a good faith tax return filing.

 

And criminal nonfiling cases are the exception, not the rule.  In most every case, the IRS simply wants you to voluntarily file the last six years returns, and then work with them on an agreement to pay or settle what you owe.  Criminal cases usually involve a level of sophistication and planning on your part that would show an intent beyond the good faith reason why you probably did not file – poor recordkeeping, medical trauma, divorce, fear or procrastination.

 

You do not have to be held back by unfiled tax returns.  The path to a fresh start is the last six years’ returns, and providing the IRS a plan of repayment. You do not have to be in a state of fear and inaction from the prospects of getting this behind you, and moving on.  It can actually be more manageable than you may think.

GET TAX RELIEF HELP TODAY

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 max refund and reduce your chances for an IRS AUDIT.

 Advance Tax Relief is headquartered in Houston, TX. 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.

 

#FreshStartInitiative

#OfferInCompromise

#TaxPreparation 

#TaxAttorneys

#TaxDebtRelief

#TaxHelp 

#TaxRelief

#BestTaxReliefCompanies

IRS MAY BE READY TO LEVY YOUR BANK ACCOUNT: Look for these signs

If any of these signs are true, then your fears are real, and you are indeed at risk for the IRS to levy your bank account or wages:

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 any time.

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 is that they will levy your bank account.

NEED HELP WITH OFFER IN COMPROMISE, TAX SETTLEMENTS, TAX PREPARATION, AUDIT REPRESENTATION OR STOP WAGE GARNISHMENTS?

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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 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 $100,000 gross in a year, and that results in a $10,000 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 results 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.

GET TAX RELIEF HELP TODAY

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 max refund and reduce your chances for an IRS AUDIT.

 Advance Tax Relief is headquartered in Houston, TX. 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.

 

#FreshStartInitiative

#OfferInCompromise

#TaxPreparation 

#TaxAttorneys

#TaxDebtRelief

#TaxHelp 

#TaxRelief

#BestTaxReliefCompanies

UNFILED TAX RETURNS? Don’t wait, you could lose your refunds

Not filing tax returns can be habit-forming.

With the best intentions, you miss filing one year’s return.  That grows into another year, and then another.

Fears mount, procrastination feeds itself, and one missed filing turns into more years than you can keep track of.

Getting motivated to get back into the system is seemingly impossible.

Not filing tax returns can cost you money.

Maybe you were employed for wages, with taxes deducted from your paycheck and paid to the IRS every year.

 

NEED HELP WITH OFFER IN COMPROMISE, TAX SETTLEMENTS, TAX PREPARATION, AUDIT REPRESENTATION OR STOP WAGE GARNISHMENTS?

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Or you are self-employed but sent the IRS estimated tax payments to cover your earnings.

Either way, if you have not filed, but have paid money to the IRS, it is possible that your tax returns would have refunds.

The IRS is not going to knock on your door with a check, announcing ¨You did not file.  We owe you money.  Here it is!¨

The only way the IRS is going to pay you back is if you file the returns.

The IRS will only pay refunds for the last three years’ tax returns.

Anything older than that, they keep.

This is not an IRS rule; it is law.  Internal Revenue Code Section 6511 directs the IRS to only pay refunds for returns filed in the last three years. IRS is simply following the law.

Bottom line:  The IRS is holding your money.  And you need to get it back.  And the sooner you act, the more you will get.

There is another bonus to getting your refund returns filed ASAP:  If the IRS owes you money, they will not charge you any penalties for not filing on time.  Your record will be clear.

The risk of waiting is that the IRS will not be patient, and file an estimated tax return against you.  The IRS calls this a Substitute for Return, which is often referred to as a SFR.  The IRS is permitted to file a substitute return under Internal Revenue Code Section 6020(b).

Chances are that if the IRS files a substitute for return for you, they will get your taxes wrong.  The IRS will guess what your taxes should be, and will get your filing status wrong, not give you credit for dependents, and not allow any deductions.

Most IRS substitutes for returns result in your taxes being too high.

In fact, an IRS estimated filing can result in you owing them money when they should be paying you a refund.

If the IRS has already filed an estimated return against you, it is not too late to set the record straight. The IRS will still accept your original returns, clear the balance they think you owe, and pay your refunds for the last three years.

Either way, you benefit by getting your refund returns filed.

Here are the steps to take to get out of your filing rut and get your money back:

Secure all your income reporting papers from the IRS.  This includes your W2s and 1099s, everything that the IRS has about you.  We want to make sure that your returns match IRS records, and that you get full credit for your withholding and payments.

Find out if the IRS has made any moves against you on their own.  If the IRS has filed a substitute for return, they will tell us about it.  We will also be able to get information about the SFR so we can correct it.  After all, you should only pay the IRS what you owe, if anything.

Gather any tax papers you have kept.  If you are missing any records, we will be able to fill in the blanks with what the IRS has provided.

Claim your tax deductions down.  This includes dependents, exemptions, and deductions.  Deductions can include mortgage interest paid on your house, real estate taxes, charitable contributions, medical expenses, student loan payments, and expenses from operating your business.  

All of these deductions lower your taxes and increase your refunds.

 

Prepare the returns, get them filed with the IRS, and monitor IRS processing and letters.  We want to file each return with proof of mailing to the IRS, with a separate envelope for each.  It can take the IRS several months to process each return.  We monitor IRS action on the returns.  After completing the processing of your returns, the IRS sends us letters confirming.  We then want to make sure the IRS letters agree with your returns.

All background calls to the IRS are made in a low-key manner to not wake them up.  No calls are made to agents overseeing IRS non-filing programs. Instead, the IRS has a separate information line for attorneys to gather records for their clients.

If you have unfiled returns but have paid your taxes, waiting can be costly.  The IRS pays refunds for only the last three years, so the sooner you file, the more you can get back.  

Waiting can also make it worse, with the IRS growing impatient and taking matters into their own hands, and filing estimated tax returns for you.  The good news is your taxes can be set straight, with the returns prepared and filed.  Refunds should belong to you, not the IRS.

GET TAX RELIEF HELP TODAY

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 max refund and reduce your chances for an IRS AUDIT.

Advance Tax Relief is headquartered in Houston, TX. 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.

 

#FreshStartInitiative

#OfferInCompromise

#TaxPreparation 

#TaxAttorneys

#TaxDebtRelief

#TaxHelp 

#TaxRelief

#BestTaxReliefCompanies