by Fresh Start Tax | Feb 26, 2020 | Tax Help
Owe IRS Trust Fund Tax Debt? We Can Offer Tax Relief Solutions With Former IRS Agents, Revenue Officers. We are affordable tax experts in tax problems with the IRS & State. Since 1982.
We can handle anything from a simple IRS notice or letter, tax representation at all levels filing of back tax returns including appellate and Tax Court.
We have over €200 professional tax experience and over 100 years of working directly for the Internal Revenue Service and the local, district, and regional tax offices of the IRS.
As former IRS Agents, we both worked and taught the IRS tax debt settlement programs.
The Internal Revenue Service will individually engage those responsible under section 6672 of the Internal Revenue Code. This is the Trust Fund Tax Assessment.
Once these assessments are made, IRS collects the funds as if personal taxes are owed and the same procedures are followed.
Tax Debt Options for Settling Back IRS Trust Fund Debt
There are three basic ways that taxpayers settle their current tax situation for back taxes with the Internal Revenue Service.
There are different ways to settle IRS tax debt and there are generally three programs that the taxpayer can qualify for to pay back taxes owed to IRS.
1. The first is a hardship or currently non-collectible program.
There is good news and bad news about this program. After IRS takes a current documented financial statement, IRS may determine you are not collectible at the current time. IRS will suspend your case for a period of 1 to 3 years and put a freeze on it.
The good news is IRS’s off your back for a couple of years and the bad news is penalties and interest still run on it.
Taxpayer should also be aware that the case will come out every couple of years to be reviewed. Its only a part time fix.
2. The second program is the installment agreement or monthly payment.
After IRS takes a current financial statement they will determine how much money they expect from you on a monthly basis. IRS has certain national standards test that they use to determine if the taxpayer will be placed into a payment agreement.
You can find the national standards on our site.
3. The third way to sell your debt is to qualify for an offer in compromise, this is where you can settle your debt for pennies on the dollar. it’s important for taxpayers to understand that not all are eligible for the offer in compromise program.
FACTS:
* There are 78,000 offers filed each year,
* 38% usually approved,
* The average tax debt settlement $9500.
Before you get excited, there is a pre-qualifier tool.
I suggest everyone who wants to go the route was the direction of the offer make sure they are truly qualified before wasting time and money.
As a former IRS agent I taught the offer in compromise program at the IRS. I can tell you within seconds of your settlement candidate.
After review of your current financial statement we will let you know which of the program to qualify for and start to remove IRS out of your life and help pay back taxes.
Call us today for free initial tax consultation and we will walk you through the process and tell you how many years you have to file and let you know the different tax strategies based on your current financial conditions. <><
You will never have to speak to the Internal Revenue Service, ever. We handle all the communication.
Feel free to call us by voice or Skype us directly.
We are a full-service firm with all work being done in-house.
When you call our office you will speak to a true tax professional and not a salesperson.
We know the system inside and out and have saved thousands of dollars for clients over the years.
Owe IRS Trust Fund Tax Debt + Tax Relief Solutions With Former IRS Agents, Revenue Officers
by Fresh Start Tax | Feb 26, 2020 | Tax Help
We know IRS inside and out.Since 1982, A plus rated BBB. Everyone should appeal. Call us and find out why.
We can handle anything from a simple IRS notice or letter, tax representation at all levels filing of back tax returns including appellate and Tax Court.
We have over €200 professional tax experience and over 100 years of working directly for the Internal Revenue Service and the local, district, and regional tax offices of the IRS.
As former IRS Agents, we both worked and taught the IRS tax debt settlement programs and are seasoned specialists in the trust fund penalty law and application and the appeals processes.
Received IRS Notice 2751?
Help From Former IRS Agents, Revenue Officers.
We know the systems and all appeals procedure to provide your best possible tax defense.
Being a former IRS agent and teaching instructor you should understand that the Internal Revenue Service is tougher on payroll taxes than any other taxes.
WHY ? The reason for this is very simple, this tax is money held in trust in not an actual tax.
It is one of few taxes that the Internal Revenue Service not only go after the company it can in addition can go after the responsible persons or individuals.
This is a tax that you should not fool around with because it is number one on the IRS to hit list.
The Internal Revenue Service will individually engage those responsible under section 6672 of the Internal Revenue Code. That means, IRS can go after you for the full amount of the trust fund.
We should be able to make sure we can reach a reasonable settlement on your payroll tax liability and you can continue to operate your business without fear and worry from the Internal Revenue Service.
IRS does not want to seize your business for back taxes due on payroll taxes, however 941 payroll taxes are a big concern for the IRS.
The Process of receiving a IRS Payroll Tax Settlements
The Internal Revenue Service will want to fully review your company or corporation before you can obtain in IRS payroll tax settlement. You will need to provide IRS with the current financial statement along with proof that all payroll tax deposits and 941 tax forms have been filed.
Many times IRS will want a personal or individual financial statement for more responsible persons. For most company’s of the IRS payroll tax settlement may come in three forms.
IRS will review your current financial statement Internal Revenue Service may determine that you are a hardship candidate, monthly payment agreement candidate or an offer in compromise candidate and IRS payroll settlement.
IRS 941 Payroll Taxes:
Steps to take to work out an affordable payment plan with the Internal Revenue Service:
1. Immediately stay current on all payroll tax deposits to show the IRS good faith;
2. Be prepared to give the IRS a current financial statement;
3. Make sure your personal tax liabilities are filed and paid;
4. Have all documentation on the financial statement prepared for the IRS.
If you do not pay your Payroll Taxes IRS can collect them from you individually!
To encourage prompt payment of withheld income and employment taxes, including social security taxes, railroad retirement taxes, or collected excise taxes, Congress passed a law that provides for the TFRP.( trust fund recovery penalty )
These payroll taxes are called trust fund taxes because you actually hold the employee’s money in trust until you make a federal tax deposit in that amount.
The TFRP may apply to you if these unpaid trust fund taxes cannot be immediately collected from the business.
The business does not have to have stopped operating in order for the TFRP to be assessed
WHAT ARE TRUST FUND TAXES, the 6672 penalty
A trust fund tax is money withheld from an employee’s wages (income tax, Social Security, and Medicare taxes) by an employer and held in trust until paid to the Treasury.
When you pay your employees, you do not pay them all the money they earned. As their employer, you have the added responsibility of withholding taxes from their paychecks.
The income tax and employees’ share of FICA (Social Security and Medicare) that you withhold from your employees’ paychecks are part of their wages you pay to the Treasury instead of to your employees.
Your employees trust that you pay the withholding to the Treasury by making Federal Tax Deposits (FTD) (PDF). That is why they are called trust fund taxes.
Through this withholding, your employees pay their contributions toward retirement benefits (Social Security and Medicare) and the income taxes reported on their tax returns.
Your employees’ trust fund taxes, along with your matching share of FICA, are paid to the Treasury through the Federal Tax Deposit System. For additional information, refer to Employment Taxes and the Trust Fund Recovery Penalty (TFRP).
Who can be Responsible for the TFRP ?????
The TFRP may be assessed against any person who:
Is responsible for collecting or paying withheld income and employment taxes, or for paying collected excise taxes, and
Willfully fails to collect or pay them.
A responsible person is a person or group of people who has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes.
This person may be:
An officer or an employee of a corporation,
A member or employee of a partnership,
A corporate director or shareholder,
A member of a board of trustees of a nonprofit organization,
Another person with authority and control over funds to direct their disbursement,
Another corporation or third-party payer,
Payroll Service Providers (PSP) ore responsible parties within a PSP
Professional Employer Organizations (PEO) or responsible parties within a PEO, or
Responsible parties within the common law employer (client of PSP/PEO).
For wilfulness to exist, the responsible person:
Must have been, or should have been, aware of the outstanding taxes and either intentionally disregarded the law or was plainly indifferent to its requirements (no evil intent or bad motive is required).
Using available funds to pay other creditors when the business is unable to pay the employment taxes is an indication of willfulness. You will be asked to complete an interview in order to determine the full scope of your duties and responsibilities.
Responsibility is based on whether an individual exercised independent judgment with respect to the financial affairs of the business.
An employee is not a responsible person if the employee’s function was solely to pay the bills as directed by a superior, rather than to determine which creditors would or would not be paid.
Figuring the IRS Trust Fund Amount
The amount of the penalty is equal to the unpaid balance of the trust fund tax. The penalty is computed based on:
The unpaid income taxes withheld, plus
The employee’s portion of the withheld FICA taxes. For collected taxes, the penalty is based on the unpaid amount of collected excise taxes.
Appeals
Assessing the TFRP. If the IRS determines that you are a responsible person, we will provide you a letter stating that we plan to assess the TFRP against you. You have 60 days (75 days if this letter is addressed to you outside the United States) from the date of this letter to appeal our proposal.
The letter will explain your appeal rights. Refer to Publication 5, Your Appeal Rights and How to Prepare a Protest if You Don’t Agree (PDF), for a clear outline of the appeals process.
If you do not respond to our letter, we will assess the penalty against you and send you a Notice and Demand for Payment.
Once we assert the penalty, the IRS can take collection action against your personal assets. For instance, we can file a federal tax lien or take levy or seizure action.
Call us today for a free tax consult.<>< Speak to the specialists.
by Fresh Start Tax | Feb 25, 2020 | Tax Help
We are affordable professional Christian IRS tax lawyers, Christian IRS tax attorneys, Christian CPA’s, Christian former IRS agents. We are payroll and trust fund tax specialists. <><
We can handle anything from a simple IRS notice or letter, tax representation at all levels filing of back tax returns including appellate and Tax Court.
We have over €200 professional tax experience and over 100 years of working directly for the Internal Revenue Service and the local, district, and regional tax offices of the IRS.
As former IRS Agents, we both worked and taught the IRS tax debt settlement programs and are seasoned specialists in the trust fund penalty law and application and the appeals processes.
IRS Trust Fund Penalty Assessment Help by a Christian Tax Company and we handle tax debt settlement for 941 Payroll Tax Debt.
Reminders from Scripture for advice:
Psalm 37: 30
The godly offer good counsel, they know what is right from wrong.
Proverbs 18: 2
Fools have no interest in understanding; they only want to offer their own opinions.
We are also referred by Crown Financial Ministries, a national Christian ministry.
Being a former IRS agent and teaching instructor you should understand that the Internal Revenue Service is tougher on payroll taxes than any other taxes.
WHY ? The reason for this is very simple, this tax is money held in trust in not an actual tax.
It is one of few taxes that the Internal Revenue Service not only go after the company it can in addition can go after the responsible persons or individuals.
This is a tax that you should not fool around with because it is number one on the IRS to hit list.
The Internal Revenue Service will individually engage those responsible under section 6672 of the Internal Revenue Code
We should be able to make sure we can reach a reasonable settlement on your payroll tax liability and you can continue to operate your business without fear and worry from the Internal Revenue Service.
IRS does not want to seize your business for back taxes due on payroll taxes, however 941 payroll taxes are a big concern for the IRS.
The Process of receiving a IRS Payroll Tax Settlements
The Internal Revenue Service will want to fully review your company or corporation before you can obtain in IRS payroll tax settlement. You will need to provide IRS with the current financial statement along with proof that all payroll tax deposits and 941 tax forms have been filed.
Many times IRS will want a personal or individual financial statement for more responsible persons. For most company’s of the IRS payroll tax settlement may come in three forms.
IRS will review your current financial statement Internal Revenue Service may determine that you are a hardship candidate, monthly payment agreement candidate or an offer in compromise candidate and IRS payroll settlement.
IRS 941 Payroll Taxes:
Steps to take to work out an affordable payment plan with the Internal Revenue Service:
1. Immediately stay current on all payroll tax deposits to show the IRS good faith;
2. Be prepared to give the IRS a current financial statement;
3. Make sure your personal tax liabilities are filed and paid;
4. Have all documentation on the financial statement prepared for the IRS.
If you do not pay your Payroll Taxes IRS can collect them from you individually!
To encourage prompt payment of withheld income and employment taxes, including social security taxes, railroad retirement taxes, or collected excise taxes, Congress passed a law that provides for the TFRP.( trust fund recovery penalty )
These payroll taxes are called trust fund taxes because you actually hold the employee’s money in trust until you make a federal tax deposit in that amount.
The TFRP may apply to you if these unpaid trust fund taxes cannot be immediately collected from the business.
The business does not have to have stopped operating in order for the TFRP to be assessed
WHAT ARE TRUST FUND TAXES, the 6672 penalty
A trust fund tax is money withheld from an employee’s wages (income tax, Social Security, and Medicare taxes) by an employer and held in trust until paid to the Treasury.
When you pay your employees, you do not pay them all the money they earned. As their employer, you have the added responsibility of withholding taxes from their paychecks.
The income tax and employees’ share of FICA (Social Security and Medicare) that you withhold from your employees’ paychecks are part of their wages you pay to the Treasury instead of to your employees.
Your employees trust that you pay the withholding to the Treasury by making Federal Tax Deposits (FTD) (PDF). That is why they are called trust fund taxes.
Through this withholding, your employees pay their contributions toward retirement benefits (Social Security and Medicare) and the income taxes reported on their tax returns.
Your employees’ trust fund taxes, along with your matching share of FICA, are paid to the Treasury through the Federal Tax Deposit System. For additional information, refer to Employment Taxes and the Trust Fund Recovery Penalty (TFRP).
Who can be Responsible for the TFRP ?????
The TFRP may be assessed against any person who:
Is responsible for collecting or paying withheld income and employment taxes, or for paying collected excise taxes, and
Willfully fails to collect or pay them.
A responsible person is a person or group of people who has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes.
This person may be:
An officer or an employee of a corporation,
A member or employee of a partnership,
A corporate director or shareholder,
A member of a board of trustees of a nonprofit organization,
Another person with authority and control over funds to direct their disbursement,
Another corporation or third-party payer,
Payroll Service Providers (PSP) ore responsible parties within a PSP
Professional Employer Organizations (PEO) or responsible parties within a PEO, or
Responsible parties within the common law employer (client of PSP/PEO).
For wilfulness to exist, the responsible person:
Must have been, or should have been, aware of the outstanding taxes and either intentionally disregarded the law or was plainly indifferent to its requirements (no evil intent or bad motive is required).
Using available funds to pay other creditors when the business is unable to pay the employment taxes is an indication of willfulness. You will be asked to complete an interview in order to determine the full scope of your duties and responsibilities.
Responsibility is based on whether an individual exercised independent judgment with respect to the financial affairs of the business.
An employee is not a responsible person if the employee’s function was solely to pay the bills as directed by a superior, rather than to determine which creditors would or would not be paid.
Figuring the IRS Trust Fund Amount
The amount of the penalty is equal to the unpaid balance of the trust fund tax. The penalty is computed based on:
The unpaid income taxes withheld, plus
The employee’s portion of the withheld FICA taxes. For collected taxes, the penalty is based on the unpaid amount of collected excise taxes.
Assessing the TFRP. If the IRS determines that you are a responsible person, we will provide you a letter stating that we plan to assess the TFRP against you. You have 60 days (75 days if this letter is addressed to you outside the United States) from the date of this letter to appeal our proposal.
The letter will explain your appeal rights. Refer to Publication 5, Your Appeal Rights and How to Prepare a Protest if You Don’t Agree (PDF), for a clear outline of the appeals process.
If you do not respond to our letter, we will assess the penalty against you and send you a Notice and Demand for Payment.
Once we assert the penalty, the IRS can take collection action against your personal assets. For instance, we can file a federal tax lien or take levy or seizure action.
Call us today for a free tax consult.<>< Speak to the specialists.
IRS Trust Fund Penalty Assessment Help, Appeals, Notices, Letters + Christian Tax Company + Payroll Tax Debt Problem
by Fresh Start Tax | Feb 25, 2020 | Tax Help
We are affordable professional Christian IRS tax lawyers, Christian IRS tax attorneys, Christian CPA’s, Christian former IRS agents. We are payroll and trust fund tax specialists. <><
We can handle anything from a simple IRS notice or letter, tax representation at all levels filing of back tax returns including appellate and Tax Court.
We have over €200 professional tax experience and over 100 years of working directly for the Internal Revenue Service and the local, district, and regional tax offices of the IRS.
As former IRS Agents, we both worked and taught the IRS tax debt settlement programs and are seasoned specialists in the trust fund penalty law and application and the appeals processes.
If you need any Help For Unpaid Trust Taxes, Need Trust Fund Tax Relief, looking for an Abatement from our team including Former IRS Agents, Revenue Officer, call Today, Know the System!
Reminders from Scripture for advice:
Psalm 37: 30
The godly offer good counsel, they know what is right from wrong.
Proverbs 18: 2
Fools have no interest in understanding; they only want to offer their own opinions.
We are also referred by Crown Financial Ministries, a national Christian ministry.
941 PAYROLL TAXES & Trust Fund Taxes, Appeals
Being a former IRS agent and teaching instructor you should understand that the Internal Revenue Service is tougher on payroll taxes than any other taxes.
WHY ? The reason for this is very simple, this tax is money held in trust in not an actual tax.
It is one of few taxes that the Internal Revenue Service not only go after the company it can in addition can go after the responsible persons or individuals.
This is a tax that you should not fool around with because it is number one on the IRS to hit list.
The Internal Revenue Service will individually engage those responsible under section 6672 of the Internal Revenue Code
We should be able to make sure we can reach a reasonable settlement on your payroll tax liability and you can continue to operate your business without fear and worry from the Internal Revenue Service.
IRS does not want to seize your business for back taxes due on payroll taxes, however 941 payroll taxes are a big concern for the IRS.
The Process of receiving a IRS Payroll Tax Settlement
The Internal Revenue Service will want to fully review your company or corporation before you can obtain in IRS payroll tax settlement. You will need to provide IRS with the current financial statement along with proof that all payroll tax deposits and 941 tax forms have been filed.
Many times IRS will want a personal or individual financial statement for more responsible persons. For most company’s of the IRS payroll tax settlement may come in three forms.
IRS will review your current financial statement Internal Revenue Service may determine that you are a hardship candidate, monthly payment agreement candidate or an offer in compromise candidate and IRS payroll settlement.
IRS 941 Payroll Taxes:
Steps to take to work out an affordable payment plan with the Internal Revenue Service:
1. Immediately stay current on all payroll tax deposits to show the IRS good faith;
2. Be prepared to give the IRS a current financial statement;
3. Make sure your personal tax liabilities are filed and paid;
4. Have all documentation on the financial statement prepared for the IRS.
If you do not pay your Payroll Taxes IRS can collect them from you individually!
To encourage prompt payment of withheld income and employment taxes, including social security taxes, railroad retirement taxes, or collected excise taxes, Congress passed a law that provides for the TFRP.( trust fund recovery penalty )
These payroll taxes are called trust fund taxes because you actually hold the employee’s money in trust until you make a federal tax deposit in that amount.
The TFRP may apply to you if these unpaid trust fund taxes cannot be immediately collected from the business.
The business does not have to have stopped operating in order for the TFRP to be assessed
WHAT ARE TRUST FUND TAXES, the 6672 penalty
A trust fund tax is money withheld from an employee’s wages (income tax, Social Security, and Medicare taxes) by an employer and held in trust until paid to the Treasury.
When you pay your employees, you do not pay them all the money they earned. As their employer, you have the added responsibility of withholding taxes from their paychecks.
The income tax and employees’ share of FICA (Social Security and Medicare) that you withhold from your employees’ paychecks are part of their wages you pay to the Treasury instead of to your employees.
Your employees trust that you pay the withholding to the Treasury by making Federal Tax Deposits (FTD) (PDF). That is why they are called trust fund taxes.
Through this withholding, your employees pay their contributions toward retirement benefits (Social Security and Medicare) and the income taxes reported on their tax returns.
Your employees’ trust fund taxes, along with your matching share of FICA, are paid to the Treasury through the Federal Tax Deposit System. For additional information, refer to Employment Taxes and the Trust Fund Recovery Penalty (TFRP).
Who can be Responsible for the TFRP ?????
The TFRP may be assessed against any person who:
Is responsible for collecting or paying withheld income and employment taxes, or for paying collected excise taxes, and
Willfully fails to collect or pay them.
A responsible person is a person or group of people who has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes.
This person may be:
An officer or an employee of a corporation,
A member or employee of a partnership,
A corporate director or shareholder,
A member of a board of trustees of a nonprofit organization,
Another person with authority and control over funds to direct their disbursement,
Another corporation or third-party payer,
Payroll Service Providers (PSP) ore responsible parties within a PSP
Professional Employer Organizations (PEO) or responsible parties within a PEO, or
Responsible parties within the common law employer (client of PSP/PEO).
For wilfulness to exist, the responsible person:
Must have been, or should have been, aware of the outstanding taxes and either intentionally disregarded the law or was plainly indifferent to its requirements (no evil intent or bad motive is required).
Using available funds to pay other creditors when the business is unable to pay the employment taxes is an indication of willfulness. You will be asked to complete an interview in order to determine the full scope of your duties and responsibilities.
Responsibility is based on whether an individual exercised independent judgment with respect to the financial affairs of the business.
An employee is not a responsible person if the employee’s function was solely to pay the bills as directed by a superior, rather than to determine which creditors would or would not be paid.
Figuring the IRS Trust Fund Amount
The amount of the penalty is equal to the unpaid balance of the trust fund tax. The penalty is computed based on:
The unpaid income taxes withheld, plus
The employee’s portion of the withheld FICA taxes. For collected taxes, the penalty is based on the unpaid amount of collected excise taxes.
Assessing the TFRP. If the IRS determines that you are a responsible person, we will provide you a letter stating that we plan to assess the TFRP against you. You have 60 days (75 days if this letter is addressed to you outside the United States) from the date of this letter to appeal our proposal.
The letter will explain your appeal rights. Refer to Publication 5, Your Appeal Rights and How to Prepare a Protest if You Don’t Agree (PDF), for a clear outline of the appeals process.
If you do not respond to our letter, we will assess the penalty against you and send you a Notice and Demand for Payment.
Once we assert the penalty, the IRS can take collection action against your personal assets. For instance, we can file a federal tax lien or take levy or seizure action.
Call us today for a free tax consult.<>< Speak to the specialists.
Help, Unpaid Trust Taxes, Trust Fund Tax Relief + Abatement + Former IRS Agents, Revenue Officer + Know the System
by Fresh Start Tax | Feb 25, 2020 | Tax Help
I was employed by Internal Revenue Service and made the trust fund assessments and determinations against those who are held responsible. I have worked hundreds of cases since 1982.
We are staff with Affordable tax attorney, tax lawyers, CPA’s and former IRS Agents. We have over 200 years of professional tax experience and over 100 years with the IRS.
Call us for a free tax consult about your payroll tax case and or trust fund tax assertion.
We can help everyone.
Have you received a IRS Letter 1153? 10-Day Notification Letter, Trust Fund Recovery Penalty Proposed?
The IRS is proposing a Trust Fund Recovery Penalty (TFRP) assessment against you.
IRS Letter 1153
You must follow-up with this letter with a response to IRS.
If you do nothing, IRS will impose the trust fund penalty against you personally and as a result if you do not pay the liability, they will go after you as though it is a personal tax debt and eventually file a federal tax lien and may be able to levy and your garnish your wages.
You have a period of time in which you can file a protest on appeal to move this case to the next step.
Why you received IRS Letter 1153?
1.You are an employee or responsible officer in a company that has employment or excise taxes.
2. The company has not fully paid the taxes due.
The IRS determined that you are a responsible party for the trust fund recovery penalty assessment.
3. The IRS sent Letter 1153 to notify you that the IRS is proposing to assess these uncollected taxes against you as an individual. You have the right to appeal this assessment.
Notice deadline: 10 days
If you miss this deadline: If you do not respond within 10 days, you will lose the right to informally appeal the proposed assessment of the trust fund recovery penalty.
You still have up to 60 days from the date on the letter to file an appeal with the IRS Office of Appeals.
What are the letters you will receive.
1. Letter 1153, is what gives you the opportunity to appeal the IRS Revenue Officer’s decision.
2. Notice 2751, gives you the amount of proposed assessments for each quarter.
Your request to appeal must be made within 60 days of Letter 1153 being issued or within 75 days if the Letter 1153 is being issued somewhere outside the United States. The request to appeal is considered timely filed as lon
3. Letter 1153, is what gives you the opportunity to appeal the IRS Revenue Officer’s decision.
4. Notice 2751, gives you the amount of proposed assessments for each quarter.
Your request to appeal must be made within 60 days of Letter 1153 being issued or within 75 days if the Letter 1153 is being issued somewhere outside the United States.
The request to appeal is considered timely filed as long as it is post marked on or before the 60th day, 75th if outside U.S.
Always send mail back to the IRS certified!
The request to appeal the decision will generally take the form of a formal written protest (depending on the amount owed) that contains supporting evidence as to why the TFRPs are being improperly assessed.
All the supporting evidence should contain, but is not limited to, factual and legal arguments against the assessment, relevant documentation that supports your position, and any records or affidavits you may feel are necessary. This is the time you plead your case. The use of the form 4180 will come into play.
After you have sent in your request to appeal, you will receive Letter 4141. Yep, more letters.
This is to inform you that your request to appeal has been received and assigned to an Appeals Officer.
It will also provide you with additional information regarding the appeals process.
You will then receive a follow up letter within 30 days that sets a time and date for the appeals hearing. Along with this letter or possibly after this letter has been received, you may also receive a letter stating the preliminary findings of the Appeals Office.
Any additional materials you may want the Appeals Office to be aware of before the hearing must be provided within five days of the hearing. Send certified.
During the appeals hearing you will have the opportunity to present a proposed settlement offer.Remember, these are not an all or nothing, settlement scan be reached.
After the hearing has concluded, a determination by the Appeals Office to either uphold the originally proposed assessment of TFRPs, accept the proposed settlement you submitted, or offer a hazards of litigation settlement will be made.
The IRS Appeals Office will provide you with a determination letter, which you have one week to accept.
If you do not accept or do not agree with the determination, the case will be sent back to IRS Collections and the Appeals Office will send you a notice to remind you of the assessment decision and request for payment and the follow up collection process.
Call us today for a free tax consults, hear the truth.
Help With Trust Fund Tax Assessment + IRS Letter 1153 + Former IRS Agent, Revenue Officer
by Fresh Start Tax | Feb 25, 2020 | Tax Help
We are affordable professional Christian IRS tax lawyers, Christian IRS tax attorneys, Christian CPA’s, Christian former IRS agents. We are payroll and trust fund tax specialists. <><
We can handle anything from a simple IRS notice or letter, tax representation at all levels filing of back tax returns including appellate and Tax Court.
We have over €200 professional tax experience and over 100 years of working directly for the Internal Revenue Service and the local, district, and regional tax offices of the IRS.
As former IRS Agents, we both worked and taught the IRS tax debt settlement programs and are seasoned specialists in the trust fund penalty law and application and the appeals processes.
Reminders from Scripture for advice:
Psalm 37: 30
The godly offer good counsel, they know what is right from wrong.
Proverbs 18: 2
Fools have no interest in understanding; they only want to offer their own opinions.
We are also referred by Crown Financial Ministries, a national Christian ministry.
941 PAYROLL TAXES & Trust Fund Taxes, Appeals
Being a former IRS agent and teaching instructor you should understand that the Internal Revenue Service is tougher on payroll taxes than any other taxes.
WHY ? The reason for this is very simple, this tax is money held in trust in not an actual tax.
It is one of few taxes that the Internal Revenue Service not only go after the company it can in addition can go after the responsible persons or individuals.
This is a tax that you should not fool around with because it is number one on the IRS to hit list.
The Internal Revenue Service will individually engage those responsible under section 6672 of the Internal Revenue Code
We should be able to make sure we can reach a reasonable settlement on your payroll tax liability and you can continue to operate your business without fear and worry from the Internal Revenue Service.
IRS does not want to seize your business for back taxes due on payroll taxes, however 941 payroll taxes are a big concern for the IRS.
The Process of receiving a IRS Payroll Tax Settlement
The Internal Revenue Service will want to fully review your company or corporation before you can obtain in IRS payroll tax settlement. You will need to provide IRS with the current financial statement along with proof that all payroll tax deposits and 941 tax forms have been filed.
Many times IRS will want a personal or individual financial statement for more responsible persons. For most company’s of the IRS payroll tax settlement may come in three forms.
IRS will review your current financial statement Internal Revenue Service may determine that you are a hardship candidate, monthly payment agreement candidate or an offer in compromise candidate and IRS payroll settlement.
IRS 941 Payroll Taxes:
Steps to take to work out an affordable payment plan with the Internal Revenue Service:
1. Immediately stay current on all payroll tax deposits to show the IRS good faith;
2. Be prepared to give the IRS a current financial statement;
3. Make sure your personal tax liabilities are filed and paid;
4. Have all documentation on the financial statement prepared for the IRS.
If you do not pay your Payroll Taxes IRS can collect them from you individually!
To encourage prompt payment of withheld income and employment taxes, including social security taxes, railroad retirement taxes, or collected excise taxes, Congress passed a law that provides for the TFRP.( trust fund recovery penalty )
These payroll taxes are called trust fund taxes because you actually hold the employee’s money in trust until you make a federal tax deposit in that amount.
The TFRP may apply to you if these unpaid trust fund taxes cannot be immediately collected from the business.
The business does not have to have stopped operating in order for the TFRP to be assessed
WHAT ARE TRUST FUND TAXES, the 6672 penalty
A trust fund tax is money withheld from an employee’s wages (income tax, Social Security, and Medicare taxes) by an employer and held in trust until paid to the Treasury.
When you pay your employees, you do not pay them all the money they earned. As their employer, you have the added responsibility of withholding taxes from their paychecks.
The income tax and employees’ share of FICA (Social Security and Medicare) that you withhold from your employees’ paychecks are part of their wages you pay to the Treasury instead of to your employees.
Your employees trust that you pay the withholding to the Treasury by making Federal Tax Deposits (FTD) (PDF). That is why they are called trust fund taxes.
Through this withholding, your employees pay their contributions toward retirement benefits (Social Security and Medicare) and the income taxes reported on their tax returns.
Your employees’ trust fund taxes, along with your matching share of FICA, are paid to the Treasury through the Federal Tax Deposit System. For additional information, refer to Employment Taxes and the Trust Fund Recovery Penalty (TFRP).
Who can be Responsible for the TFRP ?????
The TFRP may be assessed against any person who:
Is responsible for collecting or paying withheld income and employment taxes, or for paying collected excise taxes, and
Willfully fails to collect or pay them.
A responsible person is a person or group of people who has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes.
This person may be:
An officer or an employee of a corporation,
A member or employee of a partnership,
A corporate director or shareholder,
A member of a board of trustees of a nonprofit organization,
Another person with authority and control over funds to direct their disbursement,
Another corporation or third-party payer,
Payroll Service Providers (PSP) ore responsible parties within a PSP
Professional Employer Organizations (PEO) or responsible parties within a PEO, or
Responsible parties within the common law employer (client of PSP/PEO).
For wilfulness to exist, the responsible person:
Must have been, or should have been, aware of the outstanding taxes and either intentionally disregarded the law or was plainly indifferent to its requirements (no evil intent or bad motive is required).
Using available funds to pay other creditors when the business is unable to pay the employment taxes is an indication of willfulness. You will be asked to complete an interview in order to determine the full scope of your duties and responsibilities.
Responsibility is based on whether an individual exercised independent judgment with respect to the financial affairs of the business.
An employee is not a responsible person if the employee’s function was solely to pay the bills as directed by a superior, rather than to determine which creditors would or would not be paid.
Figuring the IRS Trust Fund Amount
The amount of the penalty is equal to the unpaid balance of the trust fund tax. The penalty is computed based on:
The unpaid income taxes withheld, plus
The employee’s portion of the withheld FICA taxes. For collected taxes, the penalty is based on the unpaid amount of collected excise taxes.
Assessing the TFRP. If the IRS determines that you are a responsible person, we will provide you a letter stating that we plan to assess the TFRP against you. You have 60 days (75 days if this letter is addressed to you outside the United States) from the date of this letter to appeal our proposal.
The letter will explain your appeal rights. Refer to Publication 5, Your Appeal Rights and How to Prepare a Protest if You Don’t Agree (PDF), for a clear outline of the appeals process.
If you do not respond to our letter, we will assess the penalty against you and send you a Notice and Demand for Payment.
Once we assert the penalty, the IRS can take collection action against your personal assets. For instance, we can file a federal tax lien or take levy or seizure action.
Call us today for a free tax consult.<>< Speak to the specialists.
Payroll Tax Christian Attorney – Trust Fund Recovery Penalty & Filing Appeals + Former IRS Agents
