by Fresh Start Tax | Apr 9, 2014 | Tax Help
We are a Affordable professional tax firm located in your neighborhood. 954-492-0088
As Former IRS agents and managers we worked right here out of the South Florida IRS Offices. We know every system that IRS uses.
We can resolve IRS and state Tax Problems and have been since 1982 right here in South Florida.
Filing Back Tax Returns
If you need to file back tax returns we can do so with little or no tax records.
We can simply order IRS income transcripts and prepare the rest of your return using reconstructive methods so do not let a lack of tax record stop you from filing with the Internal Revenue Service.
You should also be aware that IRS can prepare your tax return under 6020 B of the IRS code. You do not want this to happen. Make sure you file your own tax return.
To settle with IRS
If you want to settle with the Internal Revenue Service you should walk yourself through the IRS pre-qualifier tool for the offer in compromise.
It will let you know if you are qualified and suitable candidate to settle with the Internal Revenue Service and will also let you know the lowest amount of money you can settle with the IRS by law.
The dreadful IRS tax audit
If the Internal Revenue Service has pulled you for tax audit that is very unfortunate because IRS audits less than 1% of all taxpayers.
In most cases you received an IRS audit notice because you have fallen out of the national norms.
Call us today and speak to a former IRS audit manager who can explain the best possible tax defense and minimize your tax audit.
To stop an IRS levy
You’ll need to supply IRS for the current financial statement on form 433F along with all documentation to substantiate it.
Once the IRS has that financial statement they will close your case off the enforcement computer and issue release of Levy.
Once we have your current financial statement as a general rule we can get your levy released within a 24-hour period of time.
How we Settle and Negotiate your case with the Internal Revenue Service:
1. We immediately send a power of attorney to the IRS letting them know we are now your tax representative. You will never have to speak to the IRS.
2. We will make sure all your tax returns are filed and current. If your tax returns are not up to date, the IRS will refuse to work your case. This is leverage that they use to get you compliant. We can pull tax transcripts, file and prepare your tax returns within days, even if you have lost your tax records.
3. The IRS requires a current financial statement. We will secure a required 433-A (IRS financial statement), verify the income and expenses and work out a settlement agreement. The IRS will require a closing settlement method for each case.
4. We review with our clients how they want to settle their case. We get them an agreement based on their current financial needs.
IRS Tax Settlement Agreements can be in different forms:
a. Hardship Settlements. Cases usually go into a 3 year suspended status because of an inability to pay. This is also called currently noncollectable. Your case will go into a hardship status because you do not have the income coming in to meet your current expenses. The IRS will use the National Standards Program to assess hardship.
b. Payment Agreements. Cases can be closed with agreed upon monthly installment payments to the IRS. We will review the different programs the IRS uses for the lowest possible amount required.
c. IRS Offer in Compromise. There are three types of OICs:
The IRS may accept an Offer in Compromise based on three grounds:
1. Doubt as to Collectibility – Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.
2. Doubt as to Liability – A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include:
(1) the examiner made a mistake interpreting the law,
(2) the examiner failed to consider the taxpayer’s evidence or
(3) the taxpayer has new evidence.
3. Effective Tax Administration / Exceptional Circumstances – There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider an OIC. To be eligible for compromise on this basis, a taxpayer must demonstrate that the collection of the tax would create an economic hardship or would be unfair and inequitable.
Back Taxes Help IRS – File, Settle, Owe, Audits, Stop Levy *Affordable* Davie, Dania Beach, Hallandale, Hollywood – Tax Attorney, Lawyer, CPA’s
by Fresh Start Tax | Apr 9, 2014 | Tax Help
Amended or Correcting Tax Returns
Did you discover that you made a mistake after you filed your federal tax return?
You can make it right by filing an amended or corrected tax return.
Top things to know about filing an amended tax return.
1. Use Form 1040X, Amended U.S. Individual Income Tax Return, to correct errors on your tax return.
VERY IMPORTANT : You must file an amended return on paper. It can’t be e-filed.
2. You usually should file an amended tax return if you made an error claiming your filing status, income, deductions or credits on your original return.
3. You normally don’t need to file an amended return to correct math errors.
The IRS will automatically make those changes for you.
Also, do not file an amended return because you forgot to attach tax forms, such as a W-2 or schedule.
The IRS will usually send you a request for those.
4. You usually have three years from the date you filed your original tax return to file Form 1040X to claim a refund.
You can file it within two years from the date you paid the tax, if that date is later.
That means the last day for most people to file a 2010 claim for a refund is April 15, 2014. See the 1040X instructions for special rules that apply to certain claims.
5. If you are amending more than one tax return, prepare a 1040X for each year.
You should mail each year in separate envelopes.
Note the tax year of the return you are amending at the top of Form 1040X. Check the form’s instructions for where to mail your return.
6. If you use other IRS forms or schedules to make changes, make sure to attach them to your Form 1040X.
7. If you are due a refund from your original return, wait to receive that refund before filing Form 1040X to claim an additional refund.
Amended returns take up to 12 weeks to process. You may spend your original refund while you wait for any additional refund.
8. If you owe more tax, file your Form 1040X and pay the tax as soon as possible.
This will reduce any interest and penalties.
9. You can track the status of your amended tax return three weeks after you file with ‘Where’s My Amended Return?’
This tool is available on IRS.gov or by phone at 866-464-2050. It’s available in English and in Spanish. The tool can track the status of an amended return for the current year and up to three years back.
10. To use ‘Where’s My Amended Return?’ enter your taxpayer identification number, which is usually your Social Security number.
You will also need your date of birth and zip code. If you have filed amended returns for multiple years, select each year one by one.
If you need someone to prepare a back, corrected or amended tax return call us today and speak directly to former IRS managers and tax instructors who can help you with this process.
by Fresh Start Tax | Apr 9, 2014 | Tax Help
We can Affordably handle all your IRS tax problems and you will never have to talk to IRS.
On staff are Former IRS Agents and Managers who worked right here out of the South Florida IRS offices. We are A+ rated by the Better Business Bureau and have been in private practice since 1982.
Not only did we work on a local office we also were training agents who worked part of the district and regional tax offices of IRS.
As a result of our years of experience at IRS, we know the manuals and the codes inside out.
We know all their theories, protocols, and settlement options so we can find you the best remedy to take care of any IRS problem.
We can go ahead and file all back tax returns, represent you for an IRS tax audit, get levies released generally within a 24 hour period of time and if you are a tax settlement candidate we can settle with IRS for the lowest possible dollar.
You can contact us today for free initial tax consultation. 954-492-0088
IRS Tax Problems
How to Stop IRS Levies
If the Internal Revenue Service has sent a wage or bank levy and you need to get an immediate levy release you will need to be prepared to give IRS a current financial statement.
You will need to be able to verify that statement on a form 433F. and send or fax it to the IRS.
Along with the financial statement, you will have to provide IRS with current pay stubs, current bank statements and a list of all monthly expenses.
IRS will analyze your 433F based on the national and regional standards and come up with a closure method fore your situation.
IRS after review of the financial statement will either place your case into an:
1. economic tax hardship,
2.determine they want a monthly payment agreement and/or
3. let you know you are a settlement candidate and should contemplate the filing of an offer in compromise.
At this point they will send a levy release to the given party.
IRS Tax Audits
IRS audits less than 1% of all taxpayers.
The more you make the greater chance of an IRS tax audit.
Call us today and speak directly to a former IRS audit manager who could advise you of the different tax strategies and tax defenses that will suit you to give you the best possible tax audit defenses.
Settle with IRS
A settlement with IRS is called an offer in compromise.
You should go to our website and look for the offer in compromise tab on our homepage to learn everything that you need to learn about the offer in compromise.
38% of all offers and compromises are accepted by Internal Revenue Service for an average of $.16 on the dollar.
Nobody should file an offer in compromise without walking through the IRS pre-qualifier tool that will let them know what the lowest possible dollar that IRS will accept.
You can contact us today for a free initial tax consultation and we can walk you through any of these processes. You should know am a former IRS agent who worked the offer and compromise program and taught other IRS agents how to settle with taxpayers.
Back Tax filings
It is critical you file your back taxes, if you do not, IRS can file a substitute for return and file your tax returns.
If you not follow up on that assessment, you can expect an IRS notice of levy and the possibility of a notice of a federal tax lien.
If you are in a fight IRS is best to do this with former IRS agents and managers who know the system and can get you the best possible tax result.
IRS Taxes, Back Filings, Audits, Stop Levy, Settle – Affordable – Boynton Beach, Deerfield Beach, Delray Beach – Tax Attorneys, Lawyer, CPA
by Fresh Start Tax | Apr 8, 2014 | Tax Help
Do not let the IRS bully you, fight back, let Former IRS agents handle your problem and never speak to the IRS.
We are a local South Florida Affordable Professional Tax Firm.
We are former IRS agents, managers and tax instructors that worked out of the local South Florida IRS offices.
We have a combined 60 years of experience in the local South Florida IRS offices.
We are A+ rated by the Better Business Bureau and one of the South Florida’s most affordable choices for resolving any back tax problem that you have.
We can immediately stop the federal tax levy, file all your back tax returns, settle your tax case for the lowest possible dollar if you are a true settlement candidate and represent you during an IRS tax audit.
All our work is done in-house.
We have been practicing in South Florida since 1982.
Being from South Florida and working in the local South Florida IRS offices we understand all the problems, concerns and the mentality of IRS employees.
You can call us today for a free initial tax consultation and speak directly to a true tax professional.
We will conduct a free review and assessment on your case and let you know the fastest, quickest and most affordable way to remedy your tax problem.
You can come by visit our offices, Skype us or simply pick up the phone and speak directly to a true tax professional.
IRS – Back Taxes Help – Stop Levy, Back Tax Filing, Settlement, Audit *AFFORDABLE* Hialeah, Norland, Opa-locka, Westview, Gladeview
by Fresh Start Tax | Apr 8, 2014 | Tax Help
Like most things that govern the Internal Revenue Service, there are policies and guidelines that dictate the boundaries of both the taxpayer and the Internal Revenue Service.
In many of the areas, IRS issues policy statements which are general guidelines and how the service is to conduct their mission in a particular area of tax.
This particular tax policy deals with the trust fund recovery penalty.
As a side note: We are former IRS agents and managers who worked the trust fund recovery penalty while at IRS and now we defend those in which the service is actively seeking to get a protective assessment.
Contact us today and we will give you an opinion on possible defenses for the trust fund recovery penalty.
Policy Statement 5-14 (Formerly P-5-60)
Trust Fund Recovery Penalty Assessments
Trust Fund Recovery Penalty Assessments:
The trust fund recovery penalty, applicable to withheld income and employment (social security and railroad retirement) taxes or collected excise taxes, will be used to facilitate the collection of tax and enhance voluntary compliance.
If a business has failed to collect or pay over income and employment taxes, or has failed to pay over collected excise taxes, the trust fund recovery penalty may be asserted against those determined to have been responsible and willful in failing to pay over the tax. Responsibility and willfulness must both be established.
The withheld income and employment taxes or collected excise taxes will be collected only once, whether from the business, or from one or more of its responsible persons.
Collection of the withheld income and employment taxes or collected excise taxes is achieved when the Service’s right to retain the amount collected is established.
Determination of Responsible Persons
Responsibility is a matter of status, duty, and authority.
Those performing ministerial acts without exercising independent judgment will not be deemed responsible.
In general, non-owner employees of the business entity, who act solely under the dominion and control of others, and who are not in a position to make independent decisions on behalf of the business entity, will not be asserted the trust fund recovery penalty.
The penalty shall not be imposed on unpaid, volunteer members of any board of trustees or directors of an organization referred to in section 501 of the Internal Revenue Code to the extent such members are solely serving in an honorary capacity, do not participate in the day-to-day or financial operations of the organization, and/or do not have knowledge of the failure on which such penalty is imposed.
In order to make accurate determinations, all relevant issues should be thoroughly investigated.
An individual will not be recommended for assertion if sufficient information is not available to demonstrate he or she was actively involved in the corporation at the time the liability was not being paid.
However, this shall not apply if the potentially responsible individual intentionally makes information unavailable to impede the investigation.
Field investigations to determine the trust fund recovery penalty liability will be conducted promptly to enhance access to relevant information and reduce burden to taxpayers.
Absent statute considerations, assertion recommendations normally will be withheld in cases of approved and adhered to business installment agreements and bankruptcy payment plans. To the extent necessary, information will be gathered to support a possible assessment in the event the agreement is defaulted.
Application of Payments in Determining Trust Fund Recovery Penalty Assessments (effective for assessments where notices of TFRP liability are issued on or after June 19, 2000 and for any undesignated payment made on or after January 1, 2003)
Any payment made on the business account is deemed to represent payment of the non-trust fund portion of the tax liability (e.g., employer’s share of FICA) unless designated otherwise by the taxpayer.
The taxpayer, of course, has no right of designation of payments resulting from enforced collection measures.
To the extent partial payments exceed the non-trust fund portion of the tax liability, they are deemed to be applied against the trust fund portion of the tax liability (e.g., withheld income tax, employee’s share of FICA, collected excise taxes).
Once the non trust fund and trust fund taxes are paid, the remaining payments will be considered to be applied to assessed fees and collection costs, assessed penalty and interest, and accrued penalty and interest to the date of payment.
Trust Fund Recovery Penalty, IRS Policies – IRS Representation to Avoid Penalty
