Wednesday, 9 January 2019

IRS Revocation of Your Passport for Seriously Delinquent Federal Tax Debt

Do you owe the IRS and are trying to travel outside of the United States?  There is a ton of fear among taxpayers now who have recently received IRS Notice CP508C, Notice of Certification of Your Seriously Delinquent Federal Tax Debt to the U.S. Department of State.  If you have received this, you may be worried about an IRS revocation of your passport.

The biggest concern for most is that they won’t be able to return to the U.S. if their passport is revoked during their trip. Below is some clarification on this issue.

Requirements for non-issuance/non-renewal or revocation of your passport

On December 4, 2015, Congress enacted Section 7345 of the Internal Revenue Code, requiring the IRS to notify the State Department of taxpayers certified as owing a seriously delinquent tax debt.  The IRS began sending certifications of unpaid tax debt to the State Department in February of 2018.

A seriously delinquent tax debt is tax debt (including penalties and interest) totaling more than $51,000 for which:

1) a Notice of Federal tax lien has been filed OR

2) a levy has been issued to collect upon the debt

If either of these two situations apply, when you go to apply for or renew your passport, the State Department will deny it.

Still, what if you have an existing passport?  The IRS notice states that if you have a valid passport, the State Department may revoke your passport or limit your ability to travel outside the United States.  What can you really expect from this?  How will they “limit your ability” to travel abroad?  Basically, you can use your passport until you are notified by the State Department that it has been “revoked” or “limited.”

If you are outside of the United States when the revocation occurs, the State Department may issue a limited validity passport good for a return to the U.S.  If you must travel and are deemed seriously delinquent, you can call the National Passport Information Center at 877-487-2778 to inquire about your situation.

For more information, the IRS issued Notice 2018-01 dated Jan. 16, 2018, and also has an IRS informational link on their website.

How to avoid being “Seriously Delinquent”

Section 7345(b)(2) provides that a seriously delinquent tax debt does not include the following:

  • A debt that is being timely paid under an IRS-approved installment agreement under section 6159;
  • A debt that is being timely paid under an offer in compromise accepted by the IRS under section 7122;
  • A debt that is being timely paid under the terms of a settlement agreement with the Department of Justice under section 7122;
  • A debt in connection with a levy for which collection is suspended because of a request for a due process hearing (or because such a request is pending) under section 6330; and
  • A debt for which collection is suspended because the individual made an innocent spouse election (section 6015(b) or (c)) or the individual requested innocent spouse relief (section 6015(f)).

Additionally, an IRS revocation of your passport will not occur if:

  • you are in bankruptcy
  • you are identified by the IRS as a victim of tax-related identity theft
  • your account the IRS has determined is currently not collectible due to hardship
  • you are located within a federally declared disaster area
  • you have a request pending with the IRS for an installment agreement
  • you have a pending offer in compromise with the IRS
  • you have an IRS accepted adjustment that will satisfy the debt in full

Also, certification will be postponed while an individual is serving in a designated combat zone or participating in a contingency operation.

Finally, even if the IRS certifies a taxpayer as seriously delinquent, the State Department holds the IRS’s certification application for 90 days to permit the resolution of the tax debt.

In summary, if the following occurs:

  • The tax debt is fully satisfied or becomes legally unenforceable.
  • The tax debt is no longer seriously delinquent (see above) or
  • The certification is erroneous,

The IRS will reverse this certification to the State Department generally within 30 days and provide notification to the State Department as soon as possible.

Tax resolution options for tax debt

IRS tax debt comes about in many different ways such as audit, underreporting of income, or failure to withhold enough over the year.  If it is impossible to pay back the IRS, you may be able to negotiate an Offer in Compromise, settling your IRS tax debt for less than you owe. If the IRS accepts your offer, you can pay the amount agreed upon, and all federal tax liens will be removed (generally after one month of the final settlement payment).

It is highly recommended that you get a tax attorney to help with your offer. An offer in compromise takes much planning, strategy and advanced negotiation skills, not to mention it can take up to six months to a year to get accepted.

If you are not eligible for an offer in compromise, other options include:

  • Currently Not Collectible (CNC) status—due to your financial hardship, the IRS will suspend collection activity against you. This is just a temporary fix, until your financial condition approves. It is a valuable resolution option because it can allow you time to get your finances in order.
  • Payment plan/installment agreement– allows you to pay off your tax debt over time. Usual agreements range from three to seven years. You can elect to pay off the entire amount over time or attempt to negotiate a reduced payoff amount (i.e. partial payment installment agreement). With a PPIA, a full set of financials is required to be submitted to the IRS showing you can only pay a reduced amount.

If you are in fear about an IRS revocation of your passport or need assistance with other IRS tax problems, seek the advice of a knowledgeable tax attorney.  The Los Angeles Tax Attorneys at Delia Law have many years of tax resolution experience and will competently represent you before the IRS.  Please call for a no-cost tax attorney consultation for tax resolution at (310) 494-0100. We look forward to helping you.

This blog post is not intended as legal advice and should be considered general information only.

The post IRS Revocation of Your Passport for Seriously Delinquent Federal Tax Debt appeared first on Delia Tax Attorneys Southern California IRS tax lawyers.



source https://deliataxattorneys.com/irs-revocation-passport-seriously-delinquent-federal-tax-debt/

Monday, 1 October 2018

IRS payroll Tax violations – How do I correct IRS payroll tax violations?

IRS Payroll Tax Violations – What Are they and How Do I correct Them 

IRS Payroll Tax violationEmployment tax violations occur for many reasons.  Some employers take withheld payroll taxes to fund business operations. Other employers use the withheld employment taxes for their own personal benefit.  Either way, the IRS sees these acts as stealing from the government and treats payroll tax violations very seriously.

What are payroll taxes for the IRS?

Employers are required to withhold income taxes from their employee’s pay.  They must also withhold employee FICA taxes (Federal Insurance Contribution Act), which include social security and Medicare (hospital insurance).  These amounts withheld from an employee’s salary for the Federal income tax and the employee share of FICA taxes and amounts contributed by the employer for the employer share of FICA taxes and unemployment taxes are known as employment taxes.

Additionally, employers are generally required to file employment tax returns, forms 940 and 941 on a quarterly basis. See the IRS website for IRS help on employer filing requirements.

What happens when there is an IRS payroll TAX violation?

Employers or payroll service providers that violate the withholding requirements are subject to civil sanctions for willfully failing to deposit employment taxes.  A delinquent employer will receive a series of notices demanding payment. If no payment is received, a revenue officer is generally assigned to the case fairly quickly.  Revenue officers will then attempt to collect the taxes due using various collection tactics, such as steep penalties, garnishments, levies and tax liens.

A revenue officer may also assess a trust fund recovery penalty (TFRP) against anyone who was responsible for not paying the employment taxes.  The amount of this penalty is for the employee’s portion (not the employer’s portion) of the employment tax not deposited.  This portion is what would have been the withheld and deposited income tax and FICA.  The debt then is attributed to the person responsible and becomes a tax debt on their personal account.

Additionally, non compliant employers or payroll service providers can be subject to criminal investigation which can then be referred to the U.S. Department of Justice (DOJ). If the case is accepted, the DOJ will prosecute the case in Federal District Court.  Under I.R.C. Section 7202, a taxpayer that fails to collect or pay tax can be guilty of a felony punishable by a fine of up to $10,000, up to five years in prison, or both.

How do I correct an IRS payroll tax violation?

The IRS continues to be in hot pursuit of those who violate employment tax laws.  If you are in violation and have payroll tax problems, get compliant as soon as possible by filing all employment tax returns and making deposits to get current.  If this is not possible and you get behind, be sure to file and make deposits for the existing quarter moving forward.

For that one non-compliant quarter or quarters, there may be some options.  Hiring a reputable and competent Los Angeles IRS tax attorney is the first step.  IRS Tax Lawyers are experienced in negotiating potential settlements (called an offer in compromise) or getting the business into an installment agreement that it can afford.  There are also many other options to consider when you have an IRS payroll tax violation.

A tax lawyer can also assist in preventing the trust fund recovery penalty in being assessed against non-responsible parties.  If nothing is done, an IRS revenue officer can move forward and empty all business bank accounts, take business assets and ultimately shut down the business.

Taxpayers needing tax relief help and more information on IRS payroll tax violations, should seek the advice of a Los Angeles tax attorney.  The Los Angeles Tax Attorneys at Delia Law have many years of IRS tax resolution experience and will competently represent you before the IRS.  Please call for a no-cost tax attorney consultation for tax resolution at (310) 494-0100. We look forward to helping you.

 

This blog post is not intended as legal advice and should be considered general information only.

Keywords:  IRS Payroll tax violation, payroll taxes, payroll tax problems, employment tax violations, Offer in Compromise, payroll tax debt relief, Tax Attorney

 

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source https://losangeles-tax-attorneys.com/irs-payroll-tax-violations/

Monday, 3 September 2018

Late filing for taxes- What If I haven’t filed taxes in years?

Late filing, what if I haven’t filed taxes in years and I have IRS Tax Debt?

Putting off preparing all of those unfiled tax returns?  Don’t let them pile up because as time goes by, there is less and less information available to you for preparation.  You also just tend to forget what happened in those years.  Even worse, the IRS, after making demands for those unfiled tax returns, can file a substitute for return (“SFR”) based upon only information reported to them.  You don’t want that so file your back taxes!

Late filing -Gather your documents

If you have a lot of past due tax returns or even one return that is delinquent from many years back, you may have a mental block in getting started due to having to compile the older documentation.  It can be done.

Luckily, you can call or order online, IRS wage and income statements that show all income reported (w-2s, 1099s).  However, you will have to compile personal expenses or business expenses from your bank statements or from any kept receipts.

The important thing is not to stress.  Find a reputable tax preparer that can assist you through the process.

Late filing – Will I get my tax refund?

If you finally file your return and you are expecting a refund, the time limit for receiving your refund is three years from the original filing deadline.  Let’s say the deadline for your 1040 return is April 15, 2016.  You will thus have until April 15, 2019 to file an original return and to claim your refund.

If you do not file within that three-year time frame, the refund expires.  This means that you will not receive the overpaid amount and will not be able to apply that refund to any other years owing.  Essentially, you are giving away money to the IRS so definitely file before the three-year statute of limitation expires.

Late filing – What if I just don’t file?

When you don’t file, you run the risk of the IRS preparing a tax return for you based upon the information reported to them, called a substitute for a tax return (“SFR”). The IRS does this so they can assess tax and begin collection activities.  You can get “account transcripts” from the IRS to see if this was done.

You may be infuriated and ask yourself, can the IRS do this?  Yes, according to IRC §6020 (b), the IRS is authorized to prepare tax returns based upon information available to it in situations where a person has not filed a return.  For more information on SFRs, see the Internal Revenue Manual 4.12.1.

Since they can do this and they have, then why should you bother filing original returns?  Because the IRS does not have all of the tax information you may have and does not include any additional expenses, tax credits or exemptions to which you may be entitled.  As you can see, it may greatly overstate your actual tax liability.

It is generally best to file an original tax return and ask the IRS for “SFR Reconsideration.”  See IRM 5.1.15 for more information on the reconsideration process. If you do not file an original return, the SFR will remain and the IRS will send a letter asking you to consent to the proposed tax.  If you ignore it, they will issue a statutory notice of deficiency (“SND”).  If you do not respond to the SND, the IRS will move forward with collections and may place a levy on your bank accounts and/or garnish your wages.

Late filing – Tax resolution options

If you have a balance due on your original returns or if you agree with the IRS SFR, look to resolve the IRS tax debt with a payment plan, currently not collectible status or offer in compromise.  You must move quickly as active collections are taking place.  It is best to get tax help with an experienced tax relief attorney to get a resolution put in place most advantageous to you and your financial situation.

Taxpayers needing tax help with a late filing and how to file back taxes and tax debt help should seek the advice of a qualified tax attorney.  The Los Angeles Tax Attorneys at Delia Law have many years of tax fraud experience and will competently represent you before the IRS.  Please call for a no-cost tax attorney consultation for tax resolution at (310) 494-0100. We look forward to helping you.

This blog post is not intended as legal advice and should be considered general information only.

Keywords:  Late Filing, Unfiled tax returns, file back taxes, past due tax returns, how to file back taxes, tax debt help, IRS tax debt, tax relief attorney

The post Late filing for taxes- What If I haven’t filed taxes in years? appeared first on Delia Tax Attorneys.



source https://losangeles-tax-attorneys.com/late-filing-taxes/

Saturday, 1 September 2018

Late filing, what if I haven’t filed taxes in years and I have IRS Tax Debt?

By Dawn Delia August 31, 2018
Putting off preparing all of those unfiled tax returns? Don’t let them pile up because as time goes by, there is less and less information available to you for preparation. You also just tend to forget what happened in those years. Even worse, the IRS, after making demands for those unfiled tax returns, can file a substitute for return (“SFR”) based upon only information reported to them. You don’t want that so file your back taxes!
Gather your documents
If you have a lot of past due tax returns or even one return that is delinquent from many years back, you may have a mental block in getting started due to having to compile the older documentation. It can be done.
Luckily, you can call or order online, IRS wage and income statements that show all income reported (w-2s, 1099s). However, you will have to compile personal expenses or business expenses from your bank statements or from any kept receipts.
The important thing is not to stress. Find a reputable tax preparer that can assist you through the process.
Will I get my refund?
If you finally file your return and you are expecting a refund, the time limit for receiving your refund is three years from the original filing deadline. Let’s say the deadline for your 1040 return is April 15, 2016. You will thus have until April 15, 2019 to file an original return and to claim your refund.
If you do not file within that three-year time frame, the refund expires. This means that you will not receive the overpaid amount and will not be able to apply that refund to any other years owing. Essentially, you are giving away money to the IRS so definitely file before the three-year statute of limitation expires.
What if I just don’t file?
When you don’t file, you run the risk of the IRS preparing a tax return for you based upon the information reported to them, called a substitute for a tax return (“SFR”). The IRS does this so they can assess tax and begin collection activities. You can get “account transcripts” from the IRS to see if this was done.
You may be infuriated and ask yourself, can the IRS do this? Yes, according to IRC §6020 (b), the IRS is authorized to prepare tax returns based upon information available to it in situations where a person has not filed a return. For more information on SFRs, see the Internal Revenue Manual 4.12.1.
Since they can do this and they have, then why should you bother filing original returns? Because the IRS does not have all of the tax information you may have and does not include any additional expenses, tax credits or exemptions to which you may be entitled. As you can see, it may greatly overstate your actual tax liability.
It is generally best to file an original tax return and ask the IRS for “SFR Reconsideration.” See IRM 5.1.15 for more information on the reconsideration process. If you do not file an original return, the SFR will remain and the IRS will send a letter asking you to consent to the proposed tax. If you ignore it, they will issue a statutory notice of deficiency (“SND”). If you do not respond to the SND, the IRS will move forward with collections and may place a levy on your bank accounts and/or garnish your wages.
Tax resolution options
If you have a balance due on your original returns or if you agree with the IRS SFR, look to resolve the IRS tax debt with a payment plan, currently not collectible status or offer in compromise. You must move quickly as active collections are taking place. It is best to get tax help with an experienced tax relief attorney to get a resolution put in place most advantageous to you and your financial situation.
Taxpayers needing tax help with how to file back taxes and tax debt help should seek the advice of a qualified tax attorney. The Los Angeles Tax Attorneys at Delia Law have many years of tax fraud experience and will competently represent you before the IRS. Please call for a no-cost tax attorney consultation for tax resolution at (310) 494-0100. We look forward to helping you.
This blog post is not intended as legal advice and should be considered general information only.
Keywords: Unfiled tax returns, file back taxes, past due tax returns, how to file back taxes, tax debt help, IRS tax debt, tax relief attorney

The post Late filing, what if I haven’t filed taxes in years and I have IRS Tax Debt? appeared first on Delia Tax Attorneys.



source https://losangeles-tax-attorneys.com/late-filing-what-if-i-havent-filed-taxes-in-years-and-i-have-irs-tax-debt/

Wednesday, 1 August 2018

Los Angeles IRS Tax relief help – 3 signs you need help now

Los Angeles IRS Tax relief help – 3 signs you need help now

IRS tax resolution helpFeeling overwhelmed with handling your tax problems on your own?  That is usually the first sign that you need to hire someone to help with IRS tax relief.  An experienced tax relief attorney is by far the best choice.  Tax attorneys have gone to law school and are well-versed with IRS law.  Stay away from tax relief companies, tax resolution companies and others that are not tax attorneys.

Other obvious warning signs that it is time to hire some IRS tax relief help from a licensed tax attorney:

  1. What if I have a Receipt of IRS notices

If you are receiving IRS letters telling you an amount is due, you should be concerned.  If you start receiving a barrage of IRS collection notices threatening to levy your bank accounts and/or wages, it’s time to hire a tax attorney.  The IRS will not go away as some often think and hiding from them only makes matters worse.

Think about it, if you do not feel you owe the tax debt and have proof that you do not, sometimes it is tough to get the IRS to understand your point of view.  It’s even hard to get a hold of the IRS with the long call hold times and frequent hang ups.  When you finally reach the IRS, the documents and argument have to be submitted properly so that the IRS representatives can understand.  And, sometimes, it’s pretty hard to get through to them.   A tax attorney that works with IRS representative’s day in and day out, with expert negotiation skills, can push the argument through and help the IRS representative understand in a calm and skilled manner.

  1. Will the IRS use Wage garnishment and/or bank levy

If you waited too long to work with the IRS and ignored their collection letters, the inevitable conclusion is a wage garnishment and/or bank levy.  Sometimes, these efforts can take some time, especially if you are self-employed and they can’t find an employer for you.  Then they will try to attach your bank account if they can find it.

Once you receive notice a bank levy, you generally have 21 days to prevent it.  Act quickly and find tax relief help with a tax attorney because once they levy your bank account, it is almost impossible to get the money back on your own.  If you are experiencing hardship and you need that money back, find a professional tax lawyer to negotiate on your behalf.  Likewise, it is difficult to remove a garnishment from your paycheck when it finally attaches.  Your tax attorney can work directly with the IRS to get this lifted in a timely manner and can find a resolution such as a non-collectible status or payment plan.

  1. What if you can’t pay your tax debt

IRS tax debt comes up in many ways: like underreporting of income, audit or not withholding enough over the course of the year.  Another way, which is occurring more often, is when a taxpayer gets behind on filing their tax returns.  If this happens, it is a great time to hire a tax relief attorney to guide you in getting compliant.

Once filed, a flood of tax debt may come your way for multiple years of filings for which your tax attorney can prepare you.  Tacked on to your debt are IRS penalties (i.e., failure to pay, failure to file) and interest that can seem more than the debt itself.  Your tax attorney can also assist in getting these removed where appropriate.

Once your tax debt is assessed and you agree to it, you may not be able to pay it all off.  This is a common scenario and it always seems the IRS coming after you happens at the worst possible time.  You may have paid off a large medical bill or are putting a few kids through college.  If this is the case, there are options, so don’t feel the situation is hopeless.  The best thing to do is move fast, hire a tax attorney and face the problem head on.

Some of your IRS tax relief help options include:

  • Currently Not Collectible (CNC) status—due to your financial hardship, the IRS will suspend collection activity against you. This is just a temporary fix, until your financial condition approves. It is a valuable resolution option because it can allow you time to get your finances in order.
  • Payment plan/installment agreement— allows you to pay off your tax debt over time. Usual agreements range from three to seven years. You can elect to pay off the entire amount over time or attempt to negotiate a reduced payoff amount (i.e. partial payment installment agreement). With a PPIA, a full set of financials is required to be submitted to the IRS showing you can only pay a reduced amount.
  • Offer in Compromise—settling your debt for less than you owe. It allows you to settle your tax debt in a lump sum payment or with a short-term payment plan. As with the Installment Agreement, you can attempt to negotiate with the IRS to accept a lesser amount that what you owe to satisfy your tax liability.

Los Angeles tax payers needing IRS tax relief help should seek the advice of a tax attorney.  The Los Angeles Tax Attorneys at Delia Law have many years of IRS tax resolution help experience and will competently represent you before the IRS.  Please call for a no-cost tax attorney consultation for tax resolution at (310) 494-0100. We look forward to helping you.

This blog post is not intended as legal advice and should be considered general information only.

 

Keywords:  Tax Relief Help, Help with Tax Relief, Tax Relief Attorney

The post Los Angeles IRS Tax relief help – 3 signs you need help now appeared first on Delia Tax Attorneys.



source https://losangeles-tax-attorneys.com/tax-relief-help/

Wednesday, 16 May 2018

Tax Fraud – What is tax fraud which the IRS pursues?

Tax Fraud – What are the Types of Tax Fraud the IRS Pursues?

The IRS takes tax fraud very seriously.  If the IRS finds fraudulent activity, generally through an audit, it can mean stiff penalties and even jail time.

Los Angeles IRS Tax FraudReceiving a notice that the IRS is conducting a criminal tax investigation is not something anyone wants to experience. Should such a notification be received, look into hiring a tax fraud lawyer as soon as possible.

What is IRS tax fraud?

Tax fraud involves a conscious decision to falsify tax records and returns. In most cases, the motivation for committing such an act is to avoid paying the rightful amount of taxes due on personal income, business profits, inventories, and other types of financial assets.

Tax evasion is a subset of tax fraud.  Tax evasion usually entails a deliberate act of misrepresentation of taxable income to the IRS (see IRC § 7201).  Both tax fraud and tax evasion are felony charges and they generally have the same level of punishment.

Serious violations of the IRS tax code such as tax fraud may lead to criminal charges. Most of the time though, tax fraud results in civil penalties only.  Criminal charges are reserved for the most severe tax fraud cases, when a taxpayer intentionally evades paying taxes or engages in an illegal act in declaring taxes.

What types of acts constitute tax fraud?

Usually, fraud cases start with an audit of a filed tax return. During the audit investigation, the auditor may find errors that the taxpayer knowingly and willingly committed.  When these errors go on for several years and in large amounts, it is common to find a pattern of willful evasion.

The following are some examples of fraud:

  • understatement of income. For instance, taking a second job, receiving cash on the side and not reporting it.
  • claiming exemptions or deductions that are not legitimate, both personal and business
  • unscrupulous activities by tax return preparers
  • abusive tax schemes to hide income
  • altering tax returns and financial reports in order to reduce taxes owed
  • inadequate records
  • accounting irregularities (i.e., two sets of books, false entries on documents)

See also,  Cases of General Tax Fraud Investigations.

What are the penalties for tax fraud?

There are civil and criminal penalties associated with a finding of tax fraud. Whether it is potentially criminal or civil depends on the severity and intent of the taxpayer to defraud the IRS.

If fraud is found, but not amounting to criminal activity, a taxpayer may be charged with civil tax fraud penalties.  Civil tax fraud can include a penalty of up to 75% of the underpayment of tax attributable to fraud, in addition to the taxes owed (see IRC § 6663 and the IRS Fraud Handbook—Civil Fraud Section).

A criminal conviction can result in jail time and civil penalties for the following (see IRS Fraud jail time and penalties chart):

  • Persons who willfully attempt to evade or defeat any tax imposed (tax evasion). Up to five years in prison or penalties of up to $250,000 for individuals and $500,000 for corporations or both, together with the costs of prosecution.
  • Fraudulent statements or returns. Up to three years in prison or penalties of up to $250,000 for individuals and $500,000 for corporations or both, together with the costs of prosecution.
  • Persons who willfully aid or assist in fraudulent activity. Up to three years in prison or penalties of up to $250,000 for individuals and $500,000 for corporations or both, together with the costs of prosecution.

What do you do when accused of tax fraud?

First and foremost, taxpayers facing a tax fraud criminal investigation should never represent themselves or allow themselves to be represented by non-attorneys or inexperienced attorneys.

If you have been contacted by IRS Criminal Investigations or you suspect you are under investigation for tax fraud, do not speak to anyone, including your CPA.  Any conversation between you and your CPA is not considered to be protected by any type of privilege, and the IRS can compel your CPA to testify against you.  All evidence you provide is admissible in court and can be used to bring criminal penalties against you.

Only speak to a tax fraud attorney.  That way the communication between your attorney and yourself will be privileged and protected by the attorney client privilege.

Taxpayers needing assistance in dealing with a potential case of tax fraud and other IRS tax problems should seek the advice of a knowledgeable tax fraud attorney.  The Los Angeles Tax Attorneys at Delia Law have many years of tax fraud experience and will competently represent you before the IRS.  Please call for a no-cost tax attorney consultation for tax resolution at (310) 494-0100. We look forward to helping you.

This blog post is not intended as legal advice and should be considered general information only.

 

Keywords:  Tax Fraud, best tax fraud lawyer, IRS Criminal Investigation, IRS Tax Fraud Attorney, Tax Fraud Lawyer



source https://losangeles-tax-attorneys.com/tax-fraud/

Tuesday, 10 April 2018

IRS tax relief help – When to ask for IRS tax relief help?

When to Ask for IRS Tax Relief Help

Dealing with the IRS can be overwhelming.  Many taxpayers get hit with multiple issues with the IRS that they don’t even know where to start.  To compound the problem, the IRS mails many notices, which are a lot of the time terribly confusing.

IRS wage garnishmentMany taxpayers think the problem will just go away.  With the IRS…it never does.  Letting time pass without taking action will only make matters worse.

You need the help from an experienced tax relief attorney when you are faced with the following IRS tax problems:

  • unfiled tax returns
  • tax liens
  • wage garnishments
  • bank levies
  • tax debt, interest or penalties that you cannot pay off
  • payroll tax debt
  • seizure threats of real and personal property
  • tax audits and underreporter issues

Below are some of the most commonly asked questions by taxpayers needing tax relief help:

Can I get IRS help or IRS tax relief?

Yes.  There are many ways for any taxpayer to obtain tax relief.  Depending on your financial situation, there is a program for almost everyone.  Knowing which one you fit in to can be perplexing so hiring an experienced tax relief attorney is your best bet.

The IRS allows qualified taxpayers to settle their tax debt, obtain hardship status when it is not possible to pay anything due to job loss or other life events, or get into a full pay payment plan or reduced payment plan. The IRS also allows abatement of penalties in appropriate situations.

I have unfiled tax returns, should I file?

Absolutely.  Many taxpayers think that if they start filing, it will wake the IRS monster.  It will definitely put you on the IRS radar, but in doing so, you will reduce penalties and will also prevent the IRS from filing their own return for you called a substitute return.

Additionally, the IRS generally already knows that you need to file and has most likely mailed notices informing you of this.  They obtain your information through employers, contractors, mortgage holders or previous documentation.

So, beware.  The longer you go without filing and paying taxes, the more fines you will have to pay.  At a minimum, just file.  At least you will prevent the failure to file penalty.  After filing, then you can look toward resolution with the many options the IRS has to offer.

What if I don’t have the tax documentation to prepare an unfiled return?

As stated above, the IRS most likely already has much of your tax information from employers, contractors, mortgage holders, unless you are self-employed.  That always presents problems when trying to piece together income for an older unfiled return.

It is best to find that information through bank statements.  Just call the IRS to see what information they have and get a wage and income transcript mailed to you for the appropriate year.  You can also get a transcript online at IRS.gov.

What can I do if I can’t pay the IRS what I owe?

IRS tax debt comes about in many different ways such as audit, underreporting of income, or failure to withhold enough over the year.  If it is impossible to pay back the IRS, you may be able to negotiate an Offer in Compromise, settling your IRS tax debt for less than you owe. If the IRS accepts your offer, you can pay the amount agreed upon, and all federal tax liens will be removed (generally after one month of the final settlement payment).

It is highly recommended that you get a tax attorney to help with your offer. An offer in compromise takes much planning, strategy and advanced negotiation skills, not to mention it can take up to six months to a year to get accepted.

If you are not eligible for an offer in compromise, other options include:

  • Currently Not Collectible (CNC) status—due to your financial hardship, the IRS will suspend collection activity against you. This is just a temporary fix, until your financial condition approves. It is a valuable resolution option because it can allow you time to get your finances in order.
  • Payment plan/installment agreement– allows you to pay off your tax debt over time. Usual agreements range from three to seven years. You can elect to pay off the entire amount over time or attempt to negotiate a reduced payoff amount (i.e. partial payment installment agreement). With a PPIA, a full set of financials is required to be submitted to the IRS showing you can only pay a reduced amount.

Taxpayers needing assistance in dealing with an offer in compromise and IRS tax problems should seek the advice of a knowledgeable tax attorney.  The Los Angeles Tax Attorneys at Delia Law have many years of tax resolution experience and will competently represent you before the IRS.  Please call for a no-cost tax attorney consultation for tax resolution at (310) 494-0100. We look forward to helping you.

This blog post is not intended as legal advice and should be considered general information only.

 

Keywords:  Tax Relief Help, Help with Tax Relief, Tax Relief Attorney

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