by Fresh Start Tax | Jan 3, 2013 | New Jersey Tax, Sales Tax
New Jersey Sales Tax Audit – Owe Back Sales Tax – Essex, Morris, Bergen, Passaic, Union – New Jersey 1-866-700-1040
We have over 206 years of professional tax experience and over 60 years of direct work experience with the IRS and worked in relationship with State Agencies.
If you have a pending issue with the State of New Jersey and are going to experience a tax audit or owe back taxes call us today and start the process of getting immediate tax relief through experienced Tax Attorneys, Tax Lawyers, CPA’s and Former IRS Agents.
We are a local professional tax firm and are available for a no cost professional tax consultation.
New Jersey Sales Tax
New Jersey Sales Tax consists of twenty-one field audit teams strategically located throughout the State of New Jersey. Field Audit district offices are located in Trenton (Hamilton Township), Newark, Toms River, Camden and Northfield.
In-State Field Audit is responsible for the examination of taxpayer’s books and records to ensure compliance with existing laws and regulations.
Tax Audits are usually performed on site at the taxpayer’s place of business or at sites provided by the taxpayer’s representative.
Audits are comprehensive in nature and intended to include all taxes administered by the Division of Taxation, however their primary focus is on Sales and Use Tax and Corporation Business Tax.
In addition to the State of New Jersey audit significance given to medium and larger sized entities, the Division has recently placed a special emphasis on the audit of smaller “cash” type businesses.
The initiation of the cash audit program was intended to strengthen compliance and collection efforts as well as level the playing field for compliant businesses. Since it’s inception in 1996 cash audit and compliance efforts have become an integral part of Field Audit operations and have collected billions of dollars for the State.
Voluntary Disclosure Policy – Contact the State before they contact you.
The Voluntary Disclosure Program is not available to any taxpayer who is currently under criminal investigation, has been contacted by the Division regarding delinquencies or deficiencies or is amending a previously filed individual return.
The Division will consider requests from New Jersey residents as well as New Jersey non-residents. All taxpayers should be represented by professional council.
All requests for a Voluntary Disclosure Agreement must be made in writing detailing the tax years involved and the reason for not filing.
These requests will be reviewed and the Division will make a determination whether a Voluntary Disclosure Agreement can be offered to the taxpayer. If a formal investigation has been opened up many times it is to late to bargain.
If a Voluntary Disclosure Agreement is appropriate, a letter of confirmation will be sent. If the request has been made anonymously, the taxpayer must disclose his or her name, address and social security number to the Division once the confirmation letter from the Division has been received.
An agreement will then be drafted by the STATE and returned to the taxpayer for his or her signature. All copies of the taxpayer signed agreement will be returned by the Taxpayer to the Division along with the returns and payment of tax.
The Division will waive the late filing and late payment penalties related to the tax years included in the agreement.
The taxpayer will then be assessed a 5% post amnesty penalty (for any amnesty eligible year) and statutory interest.
After all returns, tax, applicable penalties and statutory interest have been received by the Division, a fully executed agreement will be returned to the taxpayer.
In addition to the conditions outlined above, the taxpayer ( individual or business ) is expected to remain compliant with all future tax obligations.
As an alternative to the Voluntary Disclosure Program, the Division is willing to enter
into negotiations leading to a Taxpayer specific closing agreement with a Taxpayer who is prepared to come forward with full disclosure of all pertinent information. Many times this may be the best available option.
Warning – It is always best to be represented by professional and experienced Council. Free tax consultations. We are a local tax firm.
New Jersey Sales Tax Audit – Owe Back Sales Tax – Essex, Morris, Bergen, Passaic, Union – New Jersey – Sales Tax Experts NJ 1-866-700-1040
by Fresh Start Tax | Jan 1, 2013 | New Jersey Tax, Tax Levy and Wage Garnishments
Stop IRS Levy, Wage Garnishment, Seizure – Tax Attorneys, Former IRS – Essex, Morris, Bergen, Passaic, Union – New Jersey
IRS sends out 3.8 million tax levy’s a year. We can get yours released!
We can stop a IRS Tax Levy, Wage Levy Garnishment or a IRS Tax Seizure. As former IRS agents and managers we know exactly how to make the IRS go away FAST.
We are affordable and get immediate results. 1-866-700-1040.
All initial first consultations are free. find out the truth from tax professionals that have released thousands of IRS tax levies since 1982.
The IRS Levy or Tax Garnishment
IRS can usually levy, seize or garnish only after these (3) three requirements are met:
1. The IRS assessed the tax and sent you a Notice and Demand for Payment,
2. You neglected or refused to pay IRS the tax and,
3. IRS sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy.
The IRS has the option to give you this notice in person, leave it at your home or your usual place of business, or send it to your last known address by certified or registered mail, return receipt requested.
A IRS Tax Levy is a seizure. It is the biggest hammer the IRS uses to collect back taxes from delinquent taxpayers.
The are two types of tax levies.
A IRS Tax Levy is a seizure. It is the biggest hammer the IRS uses to collect back taxes from delinquent taxpayers.
1. The Bank Levy,
2. The Wage Garnishment.
The difference between the two.
The Bank Levy is a bank freeze on your account. There is a 21 day hold on the bank account. Basically the account is frozen. IRS will serve a 668A which is a one time levy.As a side note your account is not closed.
The Wage Garnishment is a immediate levy. Your next pay check is gone. It is also a continuous levy. It does not stop until you get the levy released. This is served with a 668W. There is a small amount exempt with this levy. You must fill out the associated form to be eligible for the exemption.
Property Exempt from Levy
IRC § 6334(a) exempts certain property from levy.
In addition to residences,principal residences and certain business assets which may be exempt as discussed above, the following property is exempt from levy:
1. Wearing apparel and school books necessary for the taxpayer or members of his family
2. Fuel, provisions, furniture, and personal effects in the taxpayer’s household, up to a specified, inflation-adjusted amount
3. Books and tools of the trade, necessary for the trade, business or profession of the taxpayer, up to a specified, inflation-adjusted amount
4. Unemployment benefits,
The unemployment benefit exemption has been strictly construed and does not encompass retirement and survivors benefits or disability insurance payments under the Social Security Act.
5. Undelivered mail
6. Certain annuity or pension payments: payments under the Railroad Retirement Act, benefits under the Railroad Unemployment Insurance Act, special pension payments received by Army, Navy, Air Force, and Coast Guard Medal of Honor recipients, and annuities based on retired or retainer pay under chapter 73 of Title 10 of the United States
Side Note – Although as a matter of policy, the Service has placed some administrative restrictions on levying on retirement income and retirement assets, those listed in IRC § 6334(a) are the only ones exempt from levy as a matter of law.
7. Workmen’s compensation (including amounts payable with respect to dependents)
8. So much of the salary, wages, or other income as is necessary to comply with a judgment of a court requiring the taxpayer to contribute to the support of his/her minor children, but only if the judgment was entered before the date of the levy
9. An amount determined under IRC § 6334(d) as a minimum exempt amount of wages, salary, or other income
10.Certain service-connected disability payments
11. Certain public assistance payments
12. Any amount payable under the Job Training Partnership Act
Call us today to get immediate tax relief from a IRS levy or wage garnishment, 1-866-700-1040.
Stop IRS Levy, Wage Garnishment, Seizure – Tax Attorneys, Former IRS – Essex, Morris, Bergen, Passaic, Union – New Jersey
by Fresh Start Tax | Dec 28, 2012 | Tax Levy and Wage Garnishments
IRS Intent to Levy – Stop IRS Tax Debt – Essex, Morris, Bergen, Passaic, Union – New Jersey
Call us directly at 1-866-700-1040 to stop IRS tax levies, bank seizures or wage garnishments.
We are comprised of Tax Attorneys, CPA’ and Former IRS agents.
We know the system and get one day releases from tax levies once we have your information in hand.
The Legal Authority for a IRS Tax Levy
The Internal Revenue Code (IRC) authorizes levies to collect delinquent tax. See IRC6331. Any property or right to property that belongs to the taxpayer or on which there is a Federal tax lien can be levied, unless it is exempt.
IRS Notice of Levy vs. IRS Seizure
There is no legal distinction between levy and seizure.
Generally, use a notice of levy (Form 668-A/668-W) to take a taxpayer’s property held by someone else if it can be turned over by writing a check.
Notice of Levy is often used to take a taxpayer’s bank account, wages, other income, or accounts receivables.
Seizure procedures are used to take a taxpayer’s car, house, or business property.
If a taxpayer’s car is seized in a commercial parking lot, seizure procedures include giving the attendant a Form 668-A, Notice of Levy, to demand that the car be turned over.
There is no required sequence for levying. Generally, though, levy funds that are held by a third party first. This is usually less time consuming.
Appeals for Levies
Generally, taxpayers are entitled to a Collection Due Process (CDP) hearing under IRM 6330, or an equivalent hearing.
Notices of levy can also be appealed under the Collection Appeals Program (CAP) regardless of whether the taxpayer can appeal under IRC 6330. CAP was created to give taxpayers a chance for administrative review that is independent from the Collection function.
Pre-Levy Actions
Required Notices
Before property can be levied, the taxpayer must be given a
1. Notice and demand
2. Notice of intent to levy, and
3. Notice of a right to a Collection Due Process (CDP) hearing
Official Notice and Demand
The notice and demand required by IRC 6331(a) must be left at the taxpayer’s home or business, or mailed to the taxpayer’s last known address.
This is normally taken care of by a master file notice mailed shortly after there is an assessment. The taxpayer has 10 days to pay the amount that is owed. If the taxpayer neglects or refuses to pay the amount due, the Federal tax lien arises.
In addition, the taxpayer must be given a notice of intent to levy at least 30 days prior to the date of the levy. The taxpayer has 30 days to pay the amount that is owed before property can be levied. See IRC 6331(d) .
This notice must be:
a. Given in person
b. Left at the taxpayer’s home or business, or
c. Sent to the taxpayer’s last known address by certified or registered mail
Use of Register Mail
Use registered mail only if the taxpayer is outside the United States. There is no international certified mail.
Exception to the Rule:
If collection is in jeopardy, property can be levied immediately if the taxpayer has been provided notice and demand for immediate payment.
There are exceptions to the pre-levy notice requirements of IRC 6330.
When the collection of tax is in jeopardy under section 6331(a).
A levy is served on a State to collect a Federal tax liability from a State tax refund, referred to as the State Income Tax Levy Program (SITLP). A taxpayer’s state tax refund can be levied, even though the taxpayer may not have already been sent a notice or a right to a hearing
A disqualified employment tax levy is served.
A Federal Contractor Levy is served. A Federal contractor levy is any levy if the person whose property is subject to the levy (or any predecessor thereof) is a Federal contractor.
Last Known Address
Generally, the last known address is the master file address that posted from the most recently filed and properly processed return. A list of returns that are used to update this address is in Rev. Proc. 2010–16. This revenue procedure also describes how taxpayers can give a new address to the Service.
A last known address may be obtained or changed by information received from the United States Postal Service National Change of Address database (NCOA database).
As provided in Treas. Reg.§ 301.6212-2(b)(2), an address obtained from the NCOA database becomes the taxpayer’s last known address unless the taxpayer provides clear and concise notification of a change of address or the Service properly processes a taxpayer’s federal income tax return with a different address.
If a third party provides a new address for the taxpayer, this is not the taxpayer’s last known address, unless the taxpayer verifies it and requests it be used as such by the Service.
Right to a Hearing
When a Notice of Intent to Levy and Notice of Your Right to a Hearing (L1058) is mailed to the taxpayer, it must be sent to the last known address. If other addresses have been received from third parties without a change to the official last known address, send a copy of the L1058 and the enclosures to the taxpayer at these other addresses on the same date that the L1058 is sent to the last known address.
IRS Intent to Levy – Stop IRS Levy – Tax Debt
by Fresh Start Tax | Dec 8, 2012 | New Jersey Tax, Tax Help, Tax Relief
Tax Relief Help – Settle, Reduce IRS Debt – Tax Attorneys, Former IRS
We are comprised of Board Certified Tax Attorneys, Tax Lawyers, CPA’s and Former IRS Agents.
We offer a no cost consult and review your case and explain your options before taking any fee.
We are affordable and friendly. 1-866-700-1040.
We have a combined 205 years of professional tax experience and over 60 years of direct experience at the IRS.
We as Former IRS agents taught the Tax Settlement Program at the IRS called the Offer in Compromise.
The Offer in Compromise is the only way to settle or reduce your tax debt with the IRS.
The system is a very precise one. IRS will ask for very detailed information regarding your financial life. The IRS spends upwards of 20 hours working a Offer in Compromise .
As a Former Agent who use to work offers I would recommend you hire a professional tax firm to prepare, file and defend the offer. As general rule the IRS will look to deny your offer because of the amount of work it takes to accept the offer.
You should always have your offer qualified before the submission of a offer. I have reviewed countless offers in my life and by having the right professional can make this process seamless.
At Fresh Start Tax LLC we qualify all offers before sent to IRS. Be careful not to be ripped off by companies claiming pennies on a dollar.
Current Fresh Start Program of the IRS
Under the current Fresh Start initiative the IRS has incorporated its Streamlined Offer in Compromise process into the overall investigation of offers and has added flexibility to the financial analysis used in evaluating offers.
The Streamlined Offer in Compromise process includes:
a. Fewer IRS requests for additional financial information,
b. If necessary requests for additional information by phone not by mail,
c. Much greater flexibility when considering your ability to pay.
The changes to financial analysis add more flexibility to the OIC or Tax Debt Settlements process including:
1. Greater flexibility in determining the equity in assets
2. Greater flexibility in determining the allowable living expenses
3. Reducing the amount of future income included in the offer
4.Decreased time frame to complete the OIC payment process to two years
Do your homework before hiring a Professional Tax Firm. Make sure they have on staff Board Certified Tax Attorneys, Lawyers, CPAs, Former IRS Agents and Managers.
Also, check the following to ensure the creditability and history of the Tax Firm.
1. Better Business Bureau – www.bbb.org/us/Find-Business-Reviews
2. Complaints.com – www.complaintsboard.com
3. Rip Off Report – http://www.ripoffreport.com/
Tax Relief Help – Settle, Reduce IRS Debt – Tax Attorneys, Lawyers Former IRS – Essex, Morris, Bergen, Passaic, Union – New Jersey
by Fresh Start Tax | Dec 4, 2012 | IRS Tax Debt, New Jersey Tax, Tax Settlements
IRS Tax Attorneys, Former IRS – Settle IRS Back Tax Debt
Have Board Certified Tax Attorneys, Tax Lawyers and Former IRS Agents settle your IRS tax debt.
The IRS settles about 30 % of all cases sent to the Offer in Compromise Unit. Most of those accepted offers in compromise are prepared by a professional tax firm.
We can settle your IRS back tax debt for the lowest amount allowed by law. As former IRS agents we know all the settlement policies.
Contact us for a no cost evaluation. 1-866-700-1040.
Our Former IRS Agents taught Tax Law at the IRS and actually taught the tax debt settlement policies at the IRS called the Offer in Compromise.
We have over 205 years of total IRS experience and over 60 years of direct IRS experience in the local, district and regional offices of the IRS.
The New Fresh Start Program initiated by the IRS is now allowing reduced settlements.
See below IRS statement regarding the Offer in Compromise.
Offers in Compromise, Tax Debt Settlement program by the IRS.
The IRS is expanding a new streamlined Offer in Compromise program to cover a larger group of hurting taxpayers and business owners.
This IRS streamlined OIC is being expanded to allow taxpayers with annual incomes up to $100,000 to participate.
In addition, participants must have tax liability of less than $50,000, doubling the current limit of $25,000 or less.
Offers in compromise are subject to acceptance based on legal requirements. An offer-in-compromise is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed.
An offer in compromise will not be accepted if the IRS believes that the liability can be paid in full as a lump sum or through a payment agreement.
The IRS looks at the taxpayer’s income, assets and expenses to make a determination regarding the taxpayer’s ability to pay.
There are very specific tax formulas to settle cases. After a review of your case we will make recommendations of how to settle for the lowest amount allowed by law.
Our Firm
We are affordable , friendly and get results. Call us for a no cost professional tax consultation and speak directly to a Tax professional.
An Offer in Compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship.
IRS considers your unique set of facts and circumstances:
- Ability to pay;
- Income;
- Expenses; and
- Asset equity.
IRS will generally approve an offer in compromise when the amount offered represents the most we can expect to collect within a reasonable period of time. Explore all other payment options before submitting an offer in compromise.
The Offer in Compromise program is not for everyone. Do not be ripped off.
We will qualify an client before submission of an Offer. We offer free tax assessments before any fees are required.
Make sure you are eligible for the Offer in Compromise Program
Before the can consider your offer, you must be current with all filing and payment requirements. You are not eligible if you are in an open bankruptcy proceeding.
IRS Tax Attorneys, Former IRS – Settle IRS Back Tax Debt – Essex, Morris, Bergen, Passaic, Union – New Jersey 1-866-700-1040
