by Fresh Start Tax | Apr 29, 2013 | Tax Help
Help for any IRS Problem – Former IRS Agents/Managers 1-866-700-1040
If you need help for any IRS problem whatsoever contact us today for free initial tax consultation.
We are comprised of tax attorneys, IRS tax lawyers, certified public accountants, and former IRS agents and managers.
We have over 60 years of direct working experience and knowledge of the Internal Revenue Service.
We have worked in the local, district, and regional tax offices of the IRS.
While at IRS we taught tax law. Also on staff as a former IRS appellate agent of 25 years. Collectively we have worked every facet of IRS problems. We can help with with all your IRS Problems.
As a result of our 60 years of working for the Internal Revenue Service we are your ultimate help for any IRS problem that you have. We can resolve any IRS notices, bills, collections, audit, or IRS appeal issues that you may have.
We have over 206 years a professional tax experience and we are A+ rated by the Better Business Bureau. We have been in private practice since 1982.
Before you hire any tax firm for help with any IRS problem contact us today and hear what we have to say because we are the true experts for the resolution of IRS issues and problems.
Can the new IRS fresh start program help you for your IRS problem,new IRS policies
The Internal Revenue Service it’s doing its best to reach out to taxpayers having particular issues and problems with the IRS. As a result of several complaints from taxpayer and taxpayer groups the IRS last year came out with a series of different programs to help for taxpayers at fault to certain categories resolve their IRS tax problem.
There are four basic areas that these fall into. You will find below part of the new IRS fresh start program and how it may be helpful to you.
From the IRS
In its latest effort to help struggling taxpayers, the Internal Revenue Service today announced a series of new steps to help people get a fresh start with their tax liabilities.
The goal is to help individuals and small businesses meet their tax obligations, without adding unnecessary burden to taxpayers.
Specifically, the IRS is announcing new policies and programs to help taxpayers pay back taxes and avoid tax liens.
“We are making fundamental changes to our lien system and other collection tools that will help taxpayers and give them a fresh start,” IRS Commissioner Doug Shulman said. And it’s all about time.
“These steps are good for people facing tough times, and they reflect a responsible approach for the tax system.”
Changes to its tax lien filing practices
The is IRS making important changes to its lien filing practices that will lessen the negative impact on taxpayers.
The changes include:
a. Significantly increasing the dollar threshold when liens are generally issued, resulting in fewer tax liens.
b. Making it easier for taxpayers to obtain lien withdrawals after paying a tax bill.
Withdrawing liens in most cases where a taxpayer enters into a Direct Debit Installment Agreement.
c. Creating easier access to Installment Agreements for more struggling small businesses.
d. Expanding a streamlined Offer in Compromise program to cover more taxpayers.
From the Commissioner of the IRS
“These steps are in the best interest of both taxpayers and the tax system,” Shulman said. “People will have a better chance to stay current on their taxes and keep their financial house in order.
We all benefit if that happens.”
Tax relief for taxpayers selling their homes
This is another in a series of steps to help struggling taxpayers. In 2008, the IRS announced lien relief for people trying to refinance or sell a home. In 2009, the IRS added new flexibility for taxpayers facing payment or collection problems. And last year, the IRS held about 1,000 special open houses to help small businesses and individuals resolve tax issues with the Agency.
A review of collection operations which Shulman launched last year, as well as input from the Internal Revenue Service Advisory Council and the National Taxpayer Advocate.
New Federal Tax Lien Thresholds
The IRS will significantly increase the dollar thresholds when liens are generally filed. The new dollar amount is in keeping with inflationary changes since the number was last revised. Currently, liens are automatically filed at certain dollar levels for people with past-due balances. These balances are set currently at $10,000.
The IRS plans to review the results and impact of the lien threshold change in about a year.
A federal tax lien gives the IRS a legal claim to a taxpayer’s property for the amount of an unpaid tax debt.
The notice Filing a Notice of Federal Tax Lien is necessary to establish priority rights against certain other creditors. Usually the government is not the only creditor to whom the taxpayer owes money.
What does a federal tax lien mean
A lien informs the public that the U.S. government has a claim against all property, and any rights to property, of the taxpayer. This includes property owned at the time the notice of lien is filed and any acquired thereafter.
A lien will affect a taxpayer’s credit rating, so it is critical to arrange the payment of taxes as quickly as possible.
“Raising the lien threshold keeps pace with inflation and makes sense for the tax system,” Shulman said. “These changes mean tens of thousands of people won’t be burdened by liens, and this step will take place without significantly increasing the financial risk to the government.”
Federal Tax Tax Lien Withdrawals
The IRS will also modify procedures that will make it easier for taxpayers to obtain lien withdrawals.
Liens will now be withdrawn once full payment of taxes is made if the taxpayer requests it. The IRS has determined that this approach is in the best interest of the government.
In order to speed the withdrawal process, the IRS will also streamline its internal procedures to allow collection personnel to withdraw the liens.
Installment payments – Direct Debit Installment Agreements and Liens
The IRS is making other fundamental changes to liens in cases where taxpayers enter into a Direct Debit Installment Agreement (DDIA). For taxpayers with unpaid assessments of $25,000 or less, the IRS will now allow lien withdrawals under several scenarios:
Lien withdrawals for taxpayers entering into a Direct Debit Installment Agreement.
The IRS will withdraw a lien if a taxpayer on a regular Installment Agreement converts to a Direct Debit Installment Agreement.
The IRS will also withdraw liens on existing Direct Debit Installment agreements upon taxpayer request.
Liens will be withdrawn after a probationary period demonstrating that direct debit payments will be honored.
In addition, this lowers user fees and saves the government money from mailing monthly payment notices. Taxpayers can use the Online Payment Agreement application on IRS.gov to set-up with Direct Debit Installment Agreements.
“We are trying to minimize burden on taxpayers while collecting the proper amount of tax,” Shulman said. “We believe taking away taxpayer burden makes sense when a taxpayer has taken the proactive step of entering a direct debit agreement.”
Installment Agreements and Small Businesses, Payroll Taxes 941
The IRS will also make streamlined Installment Agreements available to more small businesses. The payment program will raise the dollar limit to allow additional small businesses to participate.
Small businesses with $25,000 or less in unpaid tax can participate.
Currently, only small businesses with under $10,000 in liabilities can participate. Small businesses will have 24 months to pay.
The streamlined Installment Agreements
The streamlined Installment Agreements will be available for small businesses that file either as an individual or as a business. Small businesses with an unpaid assessment balance greater than $25,000 would qualify for the streamlined Installment Agreement if they pay down the balance to $25,000 or less.
Small businesses will need to enroll in a Direct Debit Installment Agreement to participate.
“Small businesses are an important part of the nation’s economy, and the IRS should help them when we can,” Shulman said. “By expanding payment options, we can help small businesses pay their tax bill while freeing up cash flow to keep funding their operations.”
Offers in Compromise – The Tax Debt Settlement Process
The IRS is also expanding a new streamlined Offer in Compromise (OIC) program to cover a larger group of struggling taxpayers.
This 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.
OICs 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. Generally, an offer 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 and assets to make a determination regarding the taxpayer’s ability to pay.
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Help for any IRS Problem – Former IRS Agents/Managers – IRS Problem Resolution
by Fresh Start Tax | Apr 29, 2013 | Tax Help
Offer in Compromise – Free Tax Consultation from Former IRS 1-866-700-1040
As a former IRS agent I was an offers in compromise specialist.
Not only to work offers in compromise but as a teaching instructor.
I am a true offer in compromise or IRS tax debt settlement expert trained by the IRS.
I have worked a lifetime worth of offer cases.
As a result of my years of experience at the Internal Revenue Service, I know all the settlement formulas, the settlement procedures, and the exact structure to make this work for any taxpayer who is a true candidate for the IRS settlement program.
If you are considering filing an IRS tax debt settlement called an offer in compromise contact us today and we can offer you a free tax consultation and answer any question that you may have before you file the offer in compromise or the IRS tax debt settlement.
The IRS tax debt settlement or the offer in compromise is a true tax specialty.
There are a lot of misconceptions about the IRS tax debt settlement of OIC and it’s important for taxpayers not to be ripped off by Internet companies and firms claiming they can settle their case for pennies on a dollar.
Each case is unique in each case has its challenges. There is no such thing as a simple offer.
On our website, go to our homepage, click on IRS tools you will find the offer in compromise pre-qualifier. I advise all taxpayers who want to file an offer compromise to walk-through that pre-qualifier to make sure they are qualified offer candidate before filing.
After you walk through that form and have any questions please feel free to contact us and you will speak directly to a qualified IRS attorney, IRS lawyer, former IRS agent or instructor.
The Offer in Compromise/Tax Debt Settlements
The Internal Revenue Service Offer In Compromise Program is the basic IRS settlement tool used by taxpayers to settle their IRS debt.
IRS receives about 60,000 Offers a year. They usually take at least 9 months to work by the IRS.
Settlement program for IRS has a 25% -30% success rate for all those who file offers in compromise. most offers that are accepted by the IRS.
You should know from the start that not all taxpayers fit into the IRS settlement program. Many taxpayers hear about the program thinking that IRS accepts offers in all cases.
The offer in compromise program is for those who have very few assets and have a limited amount of income. There are strict standards for the offer in compromise or IRS tax debt settlement program.
You should not engage any tax firm until they let you know that you are a true settlement candidate.
Many internet tax firms rip thousands and thousands of taxpayers off by telling them ” we can settle for pennies on a dollar. ” If you are going to hire any firm to process your IRS tax debt settlement or your offered compromise I suggest you hire a professional tax firm that has IRS tax attorneys, IRS tax lawyers, certified public accountants, or former IRS agents and managers.
Make sure you are speaking to a tax attorney, certified public accountant, and enrolled agent or a former IRS agent. With most Internet firms they often have sales people try to convince you into an IRS settlement program. Be very cautious this does not happen to you because you can lose your upfront money.
We have over 60 years of direct working knowledge and experience with the Internal Revenue Service and the local, district, and regional tax offices of the Internal Revenue Service.
We will review your case for free and let you know whether you are a qualified settlement program candidate for your back taxes. Hear the truth from fresh start tax today.
What is a IRS Tax Debt Settlement
An offer in compromise or IRS tax debt settlement program is an agreement between a taxpayer and the Internal Revenue Service that settles the taxpayer’s tax liabilities for less than the full amount owed.
If the liabilities can be fully paid through an installment agreement or other means, the taxpayer will in most cases not be eligible for an OIC. check the IRS pre-qualifier before filing.
Eligibility for IRS Tax Debt Settlements
In order to be eligible for an OIC, the taxpayer must have filed all tax returns, made all required estimated tax payments for the current year, and made all required federal tax deposits for the current quarter if the taxpayer is a business owner with employees.
Reasonable Collection Potential
In most cases, the IRS will not accept an OIC unless the amount offered by the taxpayer is equal to or greater than the reasonable collection potential (the RCP).
The RCP is how the IRS measures the taxpayer’s ability to pay.
The RCP includes the value that can be realized from the taxpayer’s assets, such as real property, automobiles, bank accounts, and other property. In addition to property, the RCP also includes anticipated future income, less certain amounts allowed for basic living expenses.
IRS may accept an Tax Debt Settlement or Offer in Compromise based on three grounds.
1. Acceptance is permitted if there is doubt as to liability. This ground is only met when genuine doubt exists under applicable law that the IRS has correctly determined the amount owed.
2. Acceptance is permitted if there is doubt that the amount owed is fully collectible. This means that doubt as to collectibility exists in any case where the taxpayer’s assets and income are less than the full amount of the tax liability.
3. Acceptance is permitted based on effective tax administration. An offer may be accepted based on effective tax administration when there is no doubt that the tax is legally owed and that the full amount owed can be collected, but requiring payment in full would either create an economic hardship or would be unfair and inequitable because of exceptional circumstances.
Submission of the IRS Offer in Compromise/IRS Tax Debt Settlement
When submitting an OIC based on doubt as to collectibility or based on effective tax administration taxpayers must use the most current version of Form 656 (PDF), Offer in Compromise, and must also submit Form 433-A (PDF), Collection Information Statement for Wage Earners and Self-Employed Individuals, and/or Form 433-B (PDF), Collection Information Statement for Businesses.
You can find these forms on our website.
A taxpayer submitting an OIC based on doubt as to liability must file a Form 656-L (PDF), Offer in Compromise (Doubt as to Liability), instead of Form 656 and Form 433-A and/or Form 433-B.
Application fee for the IRS Tax Debt Settlement program
A taxpayer must submit a $150 application fee with the Form 656. Do not combine this fee with any other tax payments.
There are, however, two exceptions to this requirement.
1. No application fee is required if the OIC is based on doubt as to liability.
2. The fee is not required if the taxpayer is an individual (not a corporation, partnership, or other entity) who qualifies for the low-income exception.
This exception applies if the taxpayer’s total monthly income falls at or below 250 percent of the poverty guidelines published by the Department of Health and Human Services. Section 4 of Form 656 contains the Low Income Certification guidelines to assist taxpayers in determining whether they qualify for the low-income exception.
A taxpayer who claims the low-income exception must complete section 4 of Form 656.
The lump sum payment settlement for the Tax Debt Settlement
Taxpayers may choose to pay the offer amount in a lump sum or in installment payments. A “lump sum offer” is defined as an offer payable in 5 or fewer installments and within 24 months after the offer is accepted.
If a taxpayer submits a lump sum offer, the taxpayer must include with the Form 656 a nonrefundable payment equal to 20 percent of the offer amount.
This payment is required in addition to the $150 application fee.
The 20 percent amount is called “nonrefundable” because it cannot be returned to the taxpayer even if the offer is rejected or returned to the taxpayer without acceptance. The 20 percent amount will be applied to the taxpayer’s tax liability.
The taxpayer has a right to specify the particular tax liability to which the IRS will apply the 20 percent amount.
Periodic Payment Settlement
The offer is called a “periodic payment offer” under the tax law if it is payable in 6 or more monthly installments and within 24 months after the offer is accepted.
When submitting a periodic payment offer, the taxpayer must include the first proposed installment payment along with the Form 656. This payment is required in addition to the $150 application fee.
This amount is nonrefundable, just like the 20 percent payment required for a lump sum offer.
Also, while the IRS is evaluating a periodic payment offer, the taxpayer must continue to make the installment payments provided for under the terms of the offer. These amounts are also nonrefundable.
The statutory time within which the IRS may engage in collection activities is suspended during the period that the OIC is under consideration and is further suspended if the OIC is rejected by the IRS and where the taxpayer appeals the rejection to the IRS Office of Appeals within 30 days from the date of the notice of rejection.
If the IRS accepts the taxpayer’s offer, the IRS expects that the taxpayer will have no further delinquencies and will fully comply with the tax laws.
If the taxpayer does not abide by all the terms and conditions of the OIC, the IRS may determine that the OIC is in default.
For doubt as to collectibility and effective tax administration OICs, the terms and conditions include a requirement that the taxpayer timely file all tax returns and timely pay all taxes for 5 years from the date of acceptance of the OIC.
IRS Tax Debt Settlement in Default
When an OIC is declared to be in default, the agreement is no longer in effect and the IRS may then collect the amounts originally owed, plus interest and penalties. Additionally, any refunds due within the calendar year in which the offer is accepted will be applied to the tax debt.
Rejections of the IRS Settlement for Back Taxes
If the IRS rejects an OIC, then the taxpayer will be notified by mail. The letter will explain the reason that the IRS rejected the offer and will provide detailed instructions on how the taxpayer may appeal the decision to the IRS Office of Appeals.
The appeal must be made within 30 days from the date of the letter.
In some cases, an OIC is returned to the taxpayer, rather than rejected, because the taxpayer has not submitted necessary information, has filed for bankruptcy, has failed to include a required application fee or nonrefundable payment with the offer, or has failed to file tax returns or pay current tax liabilities while the offer is under consideration.
A return is different from a rejection because there is no right to appeal the IRS’s decision to return the offer.
You can refile your IRS Settlement on Back Taxes if it is not approved
Remember you can file as many offers in compromise as you want.
Taxpayers are not restricted whatsoever. If your first offer in compromise is rejected learn from your mistakes and resubmit another offer correcting the issues in which IRS had problems with.
IRS Tax Debt Settlements – Free Answers to Questions – IRS Tax Attorneys, Lawyers, Former IRS
by Fresh Start Tax | Apr 25, 2013 | Tax Help
IRS Tax Debt Settlements – Free Answers to Questions – Former IRS 1-866-700-1040
If you are considering filing an IRS tax debt settlement called an offer in compromise contact us today and we can offer you a free tax consultation and answer any question that you may have before you file the offer in compromise or the IRS tax debt settlement.
The IRS tax debt settlement or the offer in compromise is a true tax specialty.
As a former IRS agent I was assigned offers in compromise not only to work but as a teaching instructor. I am a true offer in compromise or IRS tax debt settlement expert. I have worked hundreds and hundreds cases.
There are a lot of misconceptions about the IRS tax debt settlement and it’s important for taxpayers not to be ripped off by Internet companies and firms claiming they can settle their case for pennies on a dollar. Each case is unique in each case has its challenges. There is no such thing as a simple offer.
On our site, go to our homepage, click on IRS tools you will find the a pre-qualifier. I advise all taxpayers who want to file an offer compromise to walk-through that pre-qualifier to make sure they are qualified candidate before filing.
After you walk through that form and have any questions please feel free to contact us and you will speak directly to a qualified IRS attorney, IRS lawyer, former IRS agent or instructor.
The Offer in Compromise/Tax Debt Settlements
The Internal Revenue Service Offer In Compromise Program is the basic IRS settlement tool used by taxpayers to settle their IRS debt.
IRS receives about 60,000 Offers a year. They usually take at least 9 months to work by the IRS.
Settlement program for IRS has a 25% success rate for all those who file offers in compromise.
As a result of my years of experience at the Internal Revenue Service, I know all the settlement formulas, the settlement procedures, and the exact structure to make this work for any taxpayer who is a true candidate for the IRS settlement program.
You should know from the start that not all taxpayers fit into the IRS settlement program. Many taxpayers hear about the program thinking that IRS accepts offers in all cases.
The offer in compromise program is for those who have very few assets and have a limited amount of income. There are strict standards for the offer in compromise or IRS tax debt settlement program.
You should not engage any tax firm until they let you know that you are a true settlement candidate.
Many internet tax firms rip thousands and thousands of taxpayers off by telling them ” we can settle for pennies on a dollar. ” If you are going to hire any firm to process your IRS tax debt settlement or your offered compromise I suggest you hire a professional tax firm that has IRS tax attorneys, IRS tax lawyers, certified public accountants, or former IRS agents and managers.
When call the company make sure you know who you’re speaking to before engaging any tax firm to settle your IRS cases on back tax.
Make sure you are speaking to a tax attorney, certified public accountant, and enrolled agent or a former IRS agent. With most Internet firms they often have sales people try to convince you into an IRS settlement program. Be very cautious this does not happen to you because you can lose your upfront money.
We have over 60 years of direct working knowledge and experience with the Internal Revenue Service and the local, district, and regional tax offices of the Internal Revenue Service.
We will review your case for free and let you know whether you are a qualified settlement program candidate for your back taxes. Hear the truth from fresh start tax today.
What is a IRS Tax Debt Settlement
An offer in compromise or IRS tax debt settlement program is an agreement between a taxpayer and the Internal Revenue Service that settles the taxpayer’s tax liabilities for less than the full amount owed.
If the liabilities can be fully paid through an installment agreement or other means, the taxpayer will in most cases not be eligible for an OIC. check the IRS pre-qualifier before filing.
Eligibility for IRS Tax Debt Settlements
In order to be eligible for an OIC, the taxpayer must have filed all tax returns, made all required estimated tax payments for the current year, and made all required federal tax deposits for the current quarter if the taxpayer is a business owner with employees.
In most cases, the IRS will not accept an OIC unless the amount offered by the taxpayer is equal to or greater than the reasonable collection potential (the RCP).
The RCP is how the IRS measures the taxpayer’s ability to pay.
The RCP includes the value that can be realized from the taxpayer’s assets, such as real property, automobiles, bank accounts, and other property. In addition to property, the RCP also includes anticipated future income, less certain amounts allowed for basic living expenses.
IRS may accept an Tax Debt Settlement or Offer in Compromise based on three grounds.
1. Acceptance is permitted if there is doubt as to liability. This ground is only met when genuine doubt exists under applicable law that the IRS has correctly determined the amount owed.
2. Acceptance is permitted if there is doubt that the amount owed is fully collectible. This means that doubt as to collectibility exists in any case where the taxpayer’s assets and income are less than the full amount of the tax liability.
3. Acceptance is permitted based on effective tax administration. An offer may be accepted based on effective tax administration when there is no doubt that the tax is legally owed and that the full amount owed can be collected, but requiring payment in full would either create an economic hardship or would be unfair and inequitable because of exceptional circumstances.
Submission of the IRS Offer in Compromise/IRS Tax Debt Settlement
When submitting an OIC based on doubt as to collectibility or based on effective tax administration taxpayers must use the most current version of Form 656 (PDF), Offer in Compromise, and must also submit Form 433-A (PDF), Collection Information Statement for Wage Earners and Self-Employed Individuals, and/or Form 433-B (PDF), Collection Information Statement for Businesses.
You can find these forms on our website.
A taxpayer submitting an OIC based on doubt as to liability must file a Form 656-L (PDF), Offer in Compromise (Doubt as to Liability), instead of Form 656 and Form 433-A and/or Form 433-B.
Application fee for the IRS Tax Debt Settlement program
A taxpayer must submit a $150 application fee with the Form 656. Do not combine this fee with any other tax payments.
There are, however, two exceptions to this requirement.
1. No application fee is required if the OIC is based on doubt as to liability.
2. The fee is not required if the taxpayer is an individual (not a corporation, partnership, or other entity) who qualifies for the low-income exception.
This exception applies if the taxpayer’s total monthly income falls at or below 250 percent of the poverty guidelines published by the Department of Health and Human Services. Section 4 of Form 656 contains the Low Income Certification guidelines to assist taxpayers in determining whether they qualify for the low-income exception.
A taxpayer who claims the low-income exception must complete section 4 of Form 656.
The lump sum payment settlement for the Tax Debt Settlement
Taxpayers may choose to pay the offer amount in a lump sum or in installment payments. A “lump sum offer” is defined as an offer payable in 5 or fewer installments and within 24 months after the offer is accepted.
If a taxpayer submits a lump sum offer, the taxpayer must include with the Form 656 a nonrefundable payment equal to 20 percent of the offer amount.
This payment is required in addition to the $150 application fee.
The 20 percent amount is called “nonrefundable” because it cannot be returned to the taxpayer even if the offer is rejected or returned to the taxpayer without acceptance. The 20 percent amount will be applied to the taxpayer’s tax liability.
The taxpayer has a right to specify the particular tax liability to which the IRS will apply the 20 percent amount.
Periodic Payment Settlement
The offer is called a “periodic payment offer” under the tax law if it is payable in 6 or more monthly installments and within 24 months after the offer is accepted.
When submitting a periodic payment offer, the taxpayer must include the first proposed installment payment along with the Form 656. This payment is required in addition to the $150 application fee.
This amount is nonrefundable, just like the 20 percent payment required for a lump sum offer.
Also, while the IRS is evaluating a periodic payment offer, the taxpayer must continue to make the installment payments provided for under the terms of the offer. These amounts are also nonrefundable.
The statutory time within which the IRS may engage in collection activities is suspended during the period that the OIC is under consideration and is further suspended if the OIC is rejected by the IRS and where the taxpayer appeals the rejection to the IRS Office of Appeals within 30 days from the date of the notice of rejection.
If the IRS accepts the taxpayer’s offer, the IRS expects that the taxpayer will have no further delinquencies and will fully comply with the tax laws.
If the taxpayer does not abide by all the terms and conditions of the OIC, the IRS may determine that the OIC is in default.
For doubt as to collectibility and effective tax administration OICs, the terms and conditions include a requirement that the taxpayer timely file all tax returns and timely pay all taxes for 5 years from the date of acceptance of the OIC.
IRS Tax Debt Settlement in Default
When an OIC is declared to be in default, the agreement is no longer in effect and the IRS may then collect the amounts originally owed, plus interest and penalties. Additionally, any refunds due within the calendar year in which the offer is accepted will be applied to the tax debt.
Rejections of the IRS Settlement for Back Taxes
If the IRS rejects an OIC, then the taxpayer will be notified by mail. The letter will explain the reason that the IRS rejected the offer and will provide detailed instructions on how the taxpayer may appeal the decision to the IRS Office of Appeals.
The appeal must be made within 30 days from the date of the letter.
In some cases, an OIC is returned to the taxpayer, rather than rejected, because the taxpayer has not submitted necessary information, has filed for bankruptcy, has failed to include a required application fee or nonrefundable payment with the offer, or has failed to file tax returns or pay current tax liabilities while the offer is under consideration.
A return is different from a rejection because there is no right to appeal the IRS’s decision to return the offer.
You can refile your IRS Settlement on Back Taxes if it is not approved
Remember you can file as many offers in compromise as you want.
Taxpayers are not restricted whatsoever. If your first offer in compromise is rejected learn from your mistakes and resubmit another offer correcting the issues in which IRS had problems with.
IRS Tax Debt Settlements – Free Answers to Questions – IRS Tax Attorneys, Lawyers, Former IRS
by Fresh Start Tax | Apr 24, 2013 | FBAR
FBAR Filing, Reporting, Amnesty – Tax Attorneys, Lawyers – FBAR Expert Settlement 1-866-700-1040
The federal government and the Internal Revenue Service has found a new revenue stream through FBAR reporting or lack thereof.
The Internal Revenue Service and the Department of Justice are having a field day ever since the government has opened the door for full compliance in FBAR Reporting.
It is been very apparent over the last three years that the IRS is no longer fooling around and if taxpayers do not become in compliance with the new Fbar reporting and filing laws, a criminal investigation looms and hangs over their heads.
For the most part, IRS is been very lenient with this program but talks inside the agency speaks about the heavy hand of the Internal Revenue Service applying their criminal power to start to prosecute people who are no longer compliant in filing Fbars and amending their tax returns.
The Internal Revenue Service has collected nearly $6 billion in the last three years ever since their declaration against those not filing Fbar.
Do yourself a favor and find the IRS before the IRS find you. If you are one of those taxpayers who have this issue it is your best interest to contact us today and speak directly do a tax attorney or tax lawyer who can help you through this situation settle your case.
You will find below the results of a recent case.
Preet Bharara, the U.S. Attorney for the Southern District of New York, and Victor S. O. Song, the Chief of the United States Internal Revenue Service (IRS) Criminal Investigation Division, announced today the filing of charges against seven individuals who collectively hid more than $100 million from the IRS by using sham companies to conceal their ownership of secret Swiss bank accounts held at UBS AG (UBS).
Two of those seven defendants, Jules Robbins and Federico Hernandez, pleaded guilty to separate criminal information’s filed today in Manhattan federal court and agreed to pay civil penalties of $20.8 million and $4.4 million, respectively. Robbins pleaded guilty before U.S. Magistrate Judge Ronald L. Ellis. Hernandez pleaded guilty before U.S. District Judge Denny Chin.
Charges also were unsealed today against five additional defendants: Kenneth Heller, Sybil Nancy Upham, Richard Werdiger, Ernest Vogliano and Shmuel Sternfeld. Upham, who surrendered this morning, was presented and arraigned before Magistrate Judge Ellis. Werdiger, who also surrendered this morning, is expected to be presented and arraigned before United States District Judge Paul G. Gardephe. Vogliano is expected to surrender to law enforcement authorities. Sternfeld and Heller remain at large.
According to the charging instruments unsealed today in Manhattan federal court, statements made in connection with the guilty plea proceedings involving Robbins and Hernandez, and other court documents:
For many years, UBS provided private banking services to U.S. taxpayers as part of its “U.S. cross-border banking business,” which employed approximately 60 UBS employees based in Switzerland.
From at least 2000 to 2008, UBS, through these employees, helped U.S. taxpayers conceal their Swiss-based assets, and the income earned on those assets, from the IRS.
UBS and the U.S. taxpayers, assisted by independent Swiss attorneys and financial advisors, hid these assets from the IRS by listing sham offshore companies as the account holders of UBS accounts, when in fact the U.S. taxpayers actually owned and controlled the accounts.
Four of the defendants – Upham, Heller, Vogliano and Sternfeld – removed their assets from UBS shortly after the publication of media reports in May 2008 that the Government’s criminal investigation of UBS might result in the disclosure of their unreported accounts to the United States Department of Justice.
Specifically to avoid this result, these defendants moved tens of millions of dollar collectively from UBS to smaller, lower-profile Swiss and Liechtenstein banks, hand-picked because they, unlike UBS, did not have offices in the United States.
Two of the defendants – Upham and Vogliano – repatriated funds from their UBS bank accounts to the United States by traveling or having a close family member travel from New York to UBS’s offices in Zurich, Switzerland, to pick up hundreds of thousands of dollars in cash or travelers checks and then return to the United States.
Under federal law, when filing Individual Income Tax Returns, Form 1040, U.S. taxpayers are obligated to report their worldwide income.
Additionally, taxpayers who have a financial interest in, or signature or other authority over, a financial account in a foreign country with an aggregate value of more than $10,000 at any time during a particular year are required to file with the IRS a Report of Foreign Bank and Financial Accounts (FBAR), as indicated on Schedule B of Form 1040.
The defendants are variously charged with conspiracy crimes, criminal tax offenses, and/or willful failure to file FBARs. The cases against each of the seven defendants are outlined below.
Call us today for free initial consultation. You can speak directly to an IRS tax attorney or IRS tax lawyer.
FBAR Filing, Reporting, Amnesty – Tax Attorneys, Lawyers – FBAR Expert Settlement
by Fresh Start Tax | Apr 24, 2013 | Sales Tax
Sales Tax Audits – Sales Tax Experts, Affordable – Ft.Lauderdale, Miami, Palm Beaches 954-492-0088
If you have been notified that State of Florida Department of Revenue is conducting a sales tax audit contact us today for expert sales tax defense.
We have over 206 years of professional tax experience in over 60 years of working directly for government agencies right here in South Florida. We are true tax experts.
We are comprised of tax attorneys, certified public accountants, former IRS agents and managers. We are tax experts in sales tax audits.
You can contact us today for an initial tax consultation. We will review your case and give you an expert opinion on how to proceed forward on your sales tax audit.
The best advice that we give our clients is not to get too worried.
Due to our years of experience we can handle the situations without fear or worry for clients.
So, Why Are Taxpayers Audited by the State of Florida?
The State of Florida conducts Sales Tax Audits for many reasons. Some of them are to:
1. Enforce Florida tax laws uniformly.
2. Deter tax evasion.
3. Promote voluntary compliance.
4. Educate taxpayers.
While the State of Florida accept most tax returns as filed, they audit some returns to verify accuracy and evaluate compliance. The state of Florida runs different compliance programs to make sure different industries are in check and paying their share of sales tax.
Sales Tax Audits do not always result in the taxpayer owing additional tax, penalty or interest. The sales tax auditor may adjust a credit carryover or correct distribution without assessing additional tax. The auditor may even determine that a refund is due.
How Are Taxpayers Selected for Audit?
The methods for selecting a business or individual to audit vary from tax to tax and from industry to industry. Management for sales tax runs a variety of programs based on geographic territories and compliance programs especially in area where they feel negligence is apparent. At the end of every year the state of Florida sets out its goal and mission for the following year and make sure there is an equal weight of sales tax audits among all companies and types of businesses throughout the state of Florida.
Here are some examples of sources we use to identify a potential Sales Tax audit candidate:
a. Internal Revenue Service information.
b. Information sharing programs with other states and state agencies.
c. Computer-based random selection.
d. Analysis of Florida tax return information.
e. Business publications, periodicals, journals, and directories.
What Types of Records Will I Need to Provide?
When we notify you of our intent to audit, we will also tell you what records you will need to provide. Sometimes the auditor may ask a few records and other times you will find a voluminous amount of records will be requested by the sales tax auditor.
The types of records may include, but are not limited to:
a. General ledgers and journals
b. Cash receipt and disbursement journals
c. Purchase and sales journals
d. Sales tax exemption or resale certificates
e. Florida tax returns
f. Federal tax returns
g. Depreciation schedules
h. Property records
i. Other documentation to verify amounts entered on tax returns
You must keep your records for three years since an audit can extend back that far. The Department may audit for periods longer than three years if you did not file, or filed a substantially incorrect return or payment.
What Are My Rights During an Audit?
The Florida Taxpayer’s Bill of Rights provides protection for taxpayers’ privacy and assets during their interactions with Revenue employees.
Your Taxpayers rights include:
1. The right to fair treatment.
2. The right to get available information and prompt, accurate responses to your questions.
3. The right to have the Department begin and complete its audit in a timely manner after we notify you of our intent to audit.
4. The right to get simple, nontechnical statements which explain the reason for audit selection and the procedures, remedies, and rights available during audit, appeals, and collection proceedings.
Communicating and Meeting Deadlines
Throughout the audit process, communication is vital. It is important for the taxpayer never to miss a compliance date whatsoever. Should you miss a date the state has the ability to set the tax deficiencies.
After we send you a Notice of Intent to Audit Books and Records, the auditor will work with you to set a date to begin the audit.
The auditor will give you deadlines for providing information or documentation.
If you need additional time to prepare, or need to request a delay for other reasons, contact the auditor.
If you fail to respond to the Auditor Request
The auditor will make every effort to accommodate your requests. If you fail to respond or provide the requested information, we may issue an assessment and file a warrant based on the best available information.
Can I Request Technical Assistance During the Audit?
When there are transactions or issues for which the tax consequences are questionable, you may ask for a written statement of our position any time during the audit.
Our office of Technical Assistance and Dispute Resolution will issue a Technical Assistance Advisement (TAA), which is binding on the Department.
We encourage you to use our Tax Law Library to research the issue before requesting technical assistance.
What Happens When the Audit is Complete?
After your audit is complete, you can review the audit findings and proposed changes to your tax liability. The auditor will give you a copy of the work papers and explain your rights, including deadlines for filing protests.
If you agree with the findings of the sales tax audit
If you agree with the audit findings, we expect you to pay the amount due in full. You have the right to protest the proposed changes if you disagree with them.
Self-Audit/Self-Analysis
The Department uses self-audit or self-analysis projects to educate taxpayers on issues related to a particular compliance problem or industry. We send selected taxpayers information about a specific tax or issue, user-friendly instructions, and simple worksheets.
We ask them to review the materials, complete the worksheets, calculate any additional tax due, and return the paperwork to us with payment. The auditor has limited contact with the taxpayer and does not visit the taxpayer’s location. The Department usually accepts the taxpayer’s responses.
However, participation in a self-audit/self-analysis does not exempt the taxpayer from further audit review of the same time period.
Sales Tax Audits – Sales Tax Experts, Affordable – Ft.Lauderdale, Miami, Palm Beaches
