Received IRS Final Notice of Intent to Levy – Stop IRS with a CDP

by Fresh Start Tax | Sep 27, 2013 | Tax Help

When most taxpayers get the IRS notice 1058 they get a lot of other information in the Notice.
However, Received IRS Final Notice of Intent to Levy – Stop IRS with a CDP
Most taxpayers are overwhelmed by the IRS final notice of intent to levy and they overlook a very important process that can stop IRS immediately.
When receiving the final notice of intent to levy you can file a CDP or a collection due process notice.
The filing of the collection due process holds the case and sends it to an IRS appeals agent who as a general rule will work more closely with the taxpayer than the ACS unit who is currently managing the case.
As a general rule a taxpayer will find a better result dealing with an appeals agent and the IRS service centers.
The request for a collection due process or a  Equivalency hearing can be filed if the Internal Revenue Service has issued one of the following lien or levy notices.
You can file the CDP on the notice of the filing of a federal tax lien, a notice of intent to levy, a notice of jeopardy levy, the notice of levy on your state tax refund, and a notice of levy.
Any time the Internal Revenue Service has sent one of the above notices you can file a collection due process. You do so on form 12135.
Collection Due Process Procedures
The IRS is required to notify taxpayers in writing that a lien has been filed or when it intends to levy.
A taxpayer is allowed to appeal the filing of the lien or proposed levy action through the CDP by filing a hearing request. This hearing request must be received within 30 calendar days plus five business days of the filing of the lien or within 30 calendar days of the date of the Notice of Intent to Levy.
If a taxpayer’s hearing request is submitted on time, the IRS will suspend all collection efforts and the Office of Appeals (Appeals) will provide the taxpayer a CDP hearing. If a taxpayer’s hearing request is not submitted timely, Appeals has discretionary authority to provide the taxpayer an EH and consider the same issues as in a CDP hearing for both liens and levies; however, the IRS is not required to suspend collection action, and the taxpayer does not have the right to a judicial review.
Taxpayers are entitled to one hearing per tax period for which a lien or Notice of Intent to Levy has been issued. The hearing is conducted by an appeals officer or settlement officer (hearing officer) who has had no prior involvement with the unpaid tax.
During the hearing, the hearing officer must verify whether the requirements of all applicable laws or administrative procedures related to the lien or Notice of Intent to Levy were met.
The hearing officer must also address any issues the taxpayer may raise relevant to the unpaid tax, the filing of the lien, or the proposed levy, such as whether the taxpayer is an innocent spouse; determine if collection actions were appropriate; and decide if other collection alternatives would facilitate the payment of the tax.
The hearing officer must determine whether any proposed collection action balances the need for efficient collection of taxes with the taxpayer’s legitimate concerns.
The taxpayer may not raise an issue that was considered at a prior administrative or judicial hearing if the taxpayer participated meaningfully in the prior proceeding.
At the conclusion of a hearing, Appeals provides the taxpayer a letter with the hearing officer’s findings, agreements reached with the taxpayer, any relief provided to the taxpayer, and any actions the taxpayer or the IRS are required to take.
For a CDP case, the taxpayer receives a Letter 3193, Notice of Determination Concerning Collection Actions Under Sections 6320 and 6330, which provides an explanation of the right to a judicial review.
If the taxpayer disagrees with the Appeals decision, he or she may petition the Tax Court. For an EH case, the taxpayer receives a Letter 3210, Decision Letter Concerning Equivalent Hearing Under Section 6320 and/or 6330.
If the taxpayer disagrees with the Appeals decision in an EH, he or she may not petition the courts.
For both applicable CDP and EH cases, the taxpayer may receive a Form 12257, Waiver of Appeals Notice of Determination in a Collection Due Process Hearing,[21] or a Form 12256, Withdrawal of Request for Collection Due Process or Equivalent Hearing. Waiver Form 12256 and Letter 4382 are applicable when the taxpayer agrees with Appeals, waives the right to a judicial review, and waives the suspension of collection action.
Withdrawal Form 12257 and Letter 4383 are applicable when the taxpayer has reached a resolution with the IRS regarding the tax and tax periods and he or she is otherwise satisfied that a hearing with the Office of Appeals is no longer needed.
The CDP or EH case is generally reviewed by the hearing officer’s manager at the completion of the case to evaluate whether the hearing officer followed all requirements and procedures.[22]
After Appeals has made a determination on a case, if the taxpayer has a change in circumstances that affects the Appeals determination or if the Collection function does not carry out the determination, the taxpayer has the right to return to Appeals.
The Appeals office that made the original determination generally retains jurisdiction over the case.
 
Received IRS Final Notice of Intent to Levy – Stop IRS with a CDP

Tax Company for IRS and State Tax Problems – Specialty Firm – Miami, Ft.Lauderdale, Tampa, Jacksonville – All FLORIDA

by Fresh Start Tax | Sep 26, 2013 | Tax Help

We are a Florida tax firm, Tax Company that has been practicing IRS and State Tax Problems Resolution since 1982.
We are A+ rated by the Better Business Bureau.
Former IRS
Our former IRS agents, managers and tax instructors have worked on the local, district, and regional tax offices in the State of Florida.
Our former Department of revenue, Florida sales tax auditor has worked with the state of Florida sales tax division for 16 years.
We are one of the most trusted, experienced and affordable tax firms nationwide and our practice is located right here in the state of Florida.
Some Tax Company News for IRS and State Tax Problems
There are hundreds upon hundreds of Internet sites claiming they can help resolve back IRS problems.
I just pulled up a Google search and over 6 ,800,000 searches just came up.
You should know right from the beginning that about 90% of all the advertising that you see on the Internet are from marketing companies that sell your information to third parties in hopes to land a sale for your business.
Many of these ads that you see our splash pages with little information but selling hype.
That’s right, your information is sold to third parties for $60. Even companies will call you claiming to be a tax resolution company but they will patch your phone number and direct it  to a tax firm located in who knows where.
IRS Bulletins regarding Tax Company for IRS and State Tax Problems
All you have to do is to go to the IRS website@IRS.gov.
The IRS has come out with several tax bulletins regarding fraudulent tax resolution companies within the past years warning the taxpayers to stay away from scam artists and companies making false claims.
The tax resolution industry for the most part has been turned over to sales people who have worked other business verticals such as mortgage, real estate and credit relief programs.
When industries changes because of economic reasons or changes due to the federal law, these companies and sales people are forced to find other business verticals to work.
The tax resolution company industry  as it seems is the new best thing until something else comes along.
A large number of these sales people have found their way in IRS Tax Relief, Back Taxes, and IRS Debt Resolution business.
While many of them are  real good persons in general, they are sales people, they have no business working an industry they know absolutely nothing about. Many of these people cannot even do their own tax returns. These people should not be giving you any tax advice whatsoever.
Owing the Internal Revenue Service and state governments are serious problems and this work should not be turned over to persons who are not true professionals.
Many of these companies are in business today and gone tomorrow and many times with your money.
You can look at the companies like JK Harris, Ronnie Deutch, and Tax Masters all companies that had huge advertising budgets and wound up ripping thousands upon thousands of taxpayers off with deceptive advertising.
Pennies on a dollar settlements
One of the big advertising statements that have come out in the past marketing campaigns is ” settle your case for pennies on a dollar.”
You must know that this statement is very true, you can settle your case for pennies on a dollar but you must meet very specific criteria to go ahead and make that happen.
Internal Revenue Service excepted 18,000 offers in compromise last year which is a 38% acceptance rate, the highest in the past 10 years.
To get an IRS tax settlement you must find a good tax company who truly knows how to resolve your back taxes to make this happen.
Before any tax company can let you know how they will resolve your IRS or state tax problem, they must have a current financial statement with all documentation before a determination can be rendered.
If anyone promises you a result without having the financial statement they are defrauding you
As a general rule,  you want to do so with a tax company that has tax attorneys, certified public accountants, and former IRS agents as well as enrolled agents who know their business.
 

Follow this practical common sense advice so you do not get ripped off:

 
1. Check the Better Business Bureau report on the Company.
A solid company will have a Better Business Bureau rating that you should be able to just click on their site you will go directly to the Better Business Bureau. If you cannot click on the Better Business Bureau logo on their site this is a huge red flag.
Please Note, many of these companies change names every couple of years. When a company gets a bad business bureau rating they simply open up another company or use a prior company that has been dormant for years. This is a very common trick among all industries and all verticals.
2. Find out if there is a professional Tax Attorney or CPA on staff for more complicated issues and problems.
In legitimate tax companies, Attorneys, enrolled agents and CPA’s usually will not lend their names to scam artists.
Tax professionals really care about their license because there signing there name on the power of attorney therefore you should be able speak directly to the person whose signature is on your power of attorney.
Beware of companies that sub their work out to third party firms that are not connected with the company.
This is a very common practice that these companies employ, they use back-end companies to actually do the work and communication issues become a problem.
3. Check out how long the principles have been practicing tax, tax representation or tax law.  tax companies that are in business for IRS and state tax problems should have their tax professionals practicing for a good number of years, this skill is not picked up overnight.
I should know because I am a former IRS agent and tax instructor. It takes an IRS revenue officer one full year before they know their job. Look for a tax company that has years and years of professional tax experience.
Most solid companies will find their principles have been practicing at least ten years or more. You will also find their bios listed on the website. If you are not dealing with a professional firm the company’s website will be absent of bios so that’s a red flag.
Another red flag is to check Photoshop pictures of tax professionals.
This is a common trick used by scam artist tax companies who say they resolve IRS and state tax problems.
4. Ask if the company guarantees their work.
If a company is guaranteeing their work, flee.
No one can guarantee IRS results. If they guarantee your money will be returned if they are not successful, that’s another story.
5. Interview the person that may work your case. Ask about his or her credentials and IRS work experience. You should also be able to find the bio of the person that is working your case on the company’s website.
6. Skype the person face to face. Ask if the person has a video conferencing system. You will get a good feel with a face to face.
7. Ask the tax professional who is working on your case if they have worked similar cases. They all should be tell you they have because of their vast work experience.
Ask them about what typical results are given your financial history and information.
At the end of the day it is about work history, credibility, due diligence and results.
Contact us today for free initial tax consultation and we will review all your various options and resolutions to resolve in IRS or state tax problem.
We are a true tax company that specializes in IRS and state tax problems.
 
Tax Company for IRS and State Tax Problems – Specialty Firm – Miami, Ft.Lauderdale, Tampa, Jacksonville – All FLORIDA