by Fresh Start Tax | Nov 26, 2013 | Tax Help
How to Get a Release of the Federal Tax Lien
We are comprised of Former IRS agents that can help you with any IRS problem you may have.
Great News for the taxpayer, the Fresh Start changes increase the IRS Notice of Federal Tax Lien filing threshold from $5,000 to $10,000.
Notices of Federal Tax Liens may still be filed on amounts less than $10,000 when circumstances warrant.
The IRS will not retroactively apply the new $10,000 lien notice filing threshold and automatically withdraw a previously filed lien.
Requesting a lien withdrawal after the lien has been released
The IRS may now issue a withdrawal of a filed Notice of Federal Tax Lien after the lien has been released.
If you wish to have the Notice of Federal Tax Lien withdrawn, you must request the withdrawal in writing.
You need to use Form 12277, Application for Withdrawal (PDF). In item 11, Reason for requesting withdrawal, check the last box, “The taxpayer, or the Taxpayer Advocate acting on behalf of the taxpayer, believes withdrawal is in the best interest of the taxpayer and the government.”
Generally, eligibility requirements are:
- Your tax liability has been satisfied and your lien has been released,
- You are in compliance for the past three years in filing,
- All individual and business returns,
- You are current on your estimated tax payments and federal tax deposits, as applicable.
Notice of Federal Tax Lien withdrawal after entering into a Direct Debit installment agreement.
If you are a qualifying taxpayer and meet the eligibility requirements, you may have your filed Notice of Federal tax Lien withdrawn after entering into a Direct Debit installment agreement.
Your request for lien withdrawal must be in writing.
Form 12277
Please use Form 12277, Application for Withdrawal (PDF). In item 11,
“Reason for requesting withdrawal,” check the third box , “The taxpayer is under a Direct Debit Installment Agreement.“
Qualifying taxpayers are:
- Businesses with income tax liability only
- Out of business entities with any type of tax debt
Eligibility Requirements are:
- The current amount you owe must be $25,000 or less
- If you owe more than $25,000, you may pay down the balance to $25,000 prior to requesting the lien withdrawal to be eligible
- Your Direct Debit Installment Agreement must full pay the amount you owe within 60 months or before the Collection Statute expires, whichever is earlier
- You must be in full compliance with other filing and payment requirements
- You must have made three consecutive direct debit payments
- You cannot have previously received a lien withdrawal for the same taxes unless the withdrawal was for an improper filing of the lien
- You cannot have defaulted on your current, or any previous, direct debit installment agreement
- If you are currently on a regular installment agreement, you may convert to a Direct Debit Installment Agreement.
How to Get a Release of the Federal Tax Lien – Former IRS
by Fresh Start Tax | Nov 26, 2013 | Tax Help
IRS Representation, Since 1982 – Tax Defense + 954-492-0088
We are Former IRS agents who know the system. Call us today and find out the truth.
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We are a local South Florida tax firm that specializes in IRS and state tax representation.
We handle IRS audits and any matters dealing with the collection division including offers in compromise, pay agreements and hardship settlements.
We have over 250 years of combined federal and state tax experience and where over 60 years of working directly for the Internal Revenue Service and the local South Florida offices.
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You can call us today for a free initial tax consultation and hear the truth about your case from affordable and experienced tax professionals.
Areas of Professional Tax Representation
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
- Full Service Accounting Tax Firm,
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New IRS Programs that may Help You
Federal Tax Liens.
The Fresh Start program increased the amount that taxpayers can owe before the IRS generally will file a Notice of Federal Tax Lien.
That amount is now $10,000. However, in some cases, the IRS may still file a lien notice on amounts less than $10,000.
When a taxpayer meets certain requirements and pays off their tax debt, the IRS may now withdraw a filed Notice of Federal Tax Lien.
Taxpayers must request this in writing using Form 12277, Application for Withdrawal.
Some taxpayers may qualify to have their lien notice withdrawn if they are paying their tax debt through a Direct Debit installment agreement.
Taxpayers may also need to request this in writing by using Form 12277.
If a taxpayer defaults on the Direct Debit Installment Agreement, the IRS may file a new Notice of Federal Tax Lien and resume collection actions.
IRS Installment Agreements.
The Fresh Start program expanded access to streamlined installment agreements. Now, individual taxpayers who owe up to $50,000 can pay through monthly direct debit payments for up to 72 months (six years). While the IRS generally will not need a financial statement, they may need some financial information from the taxpayer. The easiest way to apply for a payment plan is to use the Online Payment Agreement tool at IRS.gov. If you don’t have Web access you may file Form 9465, Installment Agreement, to apply.
Taxpayers in need of installment agreements for tax debts more than $50,000 or longer than six years still need to provide the IRS with a financial statement.
In these cases, the IRS may ask for one of two forms: either Collection Information Statement, Form 433-A or Form 433-F.
IRS Offers in Compromise.
An Offer in Compromise is an agreement that allows taxpayers to settle their tax debt for less than the full amount.
Fresh Start expanded and streamlined the OIC program. The IRS now has more flexibility when analyzing a taxpayer’s ability to pay. This makes the offer program available to a larger group of taxpayers.
Call us today and we can talk to you about these programs and how they may be of benefit to you.
Areas of Professional Tax Practice:
- Same Day IRS Tax Representation
- Offers in Compromise or IRS Tax Debt Settlements
- Immediate Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Return Reconstruction
- Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
IRS Representation – Audit, Collections Tax Defense – Affordable Experts – Ft.Lauderdale, Miami, Palm Beaches
by Fresh Start Tax | Nov 26, 2013 | Tax Help
Standard Mileage Rates 2013
Driving your vehicle? Here are your mileage rates for this year.
Standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.
Beginning on Jan. 1, 2013, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:
- 56.5 cents per mile for business miles driven.
- 24 cents per mile driven for medical or moving purposes.
- 14 cents per mile driven in service of charitable organizations.
The rate for business miles driven during 2013 increases 1 cent from the 2012 rate. The medical and moving rate is also up 1 cent per mile from the 2012 rate.
The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs.
Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.
A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle.
In addition, the business standard mileage rate cannot be used for more than four vehicles used simultaneously.
These and other requirements for a taxpayer to use a standard mileage rate to calculate the amount of a deductible business, moving, medical, or charitable expense are in Rev. Proc. 2010-51.
Notice 2012-72 contains the standard mileage rates, the amount a taxpayer must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that a taxpayer may use in computing the allowance under a fixed and variable rate plan.
Standard Mileage Rates 2013
by Fresh Start Tax | Nov 25, 2013 | Tax Help
IRS Tax Levy Tax Help – We can get your Tax Levy Released Now.
We are a local South Florida tax firm specializing in IRS Tax Relief.
We had been practicing right here in South Florida since 1982 and we are one of the most affordable and experienced tax firms in South Florida.
We can get your IRS tax levy released and work out a tax settlement all at the same time.
We are comprised of Tax Attorney’s, CPA’s and Former IRS Agents.
We have over 250 years of professional tax experience and over 60 years of combined IRS experience right here in the local South Florida IRS offices.
We are A plus rated by the BBB.
Call us today and we will not only get your IRS tax Levy released we will get you the tax help you need.
We will get your IRS case placed into hardship, installment payment status or workout a tax settlement with the Internal Revenue Service. Your current financial statement will dictate how IRS handles your case. You will need to fill out IRS form 433F on our website. It is a required IRS document.
You can call us today for a free initial tax consultation and hear the truth about your case.
What is a IRS Tax Levy?
A levy is a legal seizure of your property to satisfy a tax debt. Levies are different from liens.
A federal tax lien is a claim used as security for the tax debt, while a levy actually takes the property to satisfy the tax debt.
If you do not pay your taxes the IRS may seize and sell any type of real or personal property that you own or have an interest in. For instance,
IRS could seize and sell property that you hold or they could levy property that is yours but is held by someone else (such as your wages, retirement accounts, dividends, bank accounts, licenses, rental income, accounts receivables, the cash loan value of your life insurance, or commissions).
A Tax Levy can take place after these three IRS requirements are met:
1. IRS assessed the tax and sent you a Notice and Demand for Payment;
2. You neglected or refused to pay 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.
How service of the IRS Notice must take place.
IRS may 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.
What Tax Levy Releases does not mean.
A levy release does not mean you are exempt from paying the balance.
The IRS will work with you to establish payment plans or take other steps to help you pay off the balance.
To help ensure quick action, please have the fax number available for the bank or employer office that is processing the levy.
Note To Employers
Employers generally have at least one full pay period after receiving a Form 668-W, Notice of Levy on Wages, Salary and Other Income before they are required to send any funds from their employee’s wages.
Encourage your employees that have a levy placed on their wages to contact the IRS as soon as possible to discuss a release of levy and resolution of their tax liability.
Requesting a Collection Due Process Hearing
You may ask an IRS manager to review your case, or you may request a Collection Due Process hearing with the Office of Appeals by filing a request for a Collection Due Process hearing with the IRS office listed on your notice.
You must file your request within 30 days of the date on your notice.
Some of the issues you may discuss include:
- You paid all you owed before we sent the levy notice,
- IRS assessed the tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
- IRS made a procedural error in an assessment,
- The time to collect the tax (called the statute of limitations) expired before we sent the levy notice,
- You did not have an opportunity to dispute the assessed liability,
- You wish to discuss the collection options, or
- You wish to make a spousal defense.
Office of IRS Appeals
At the conclusion of your hearing, the Office of Appeals will issue a determination.
You will have 30 days after the determination date to bring a suit to contest the determination. Refer to Publication 1660 (PDF), for more information.
If your property is levied or seized, contact the employee who took the action. You also may ask the manager to review your case.
If the matter is still unresolved, the manager can explain your rights to appeal to the Office of Appeals.
Levying Your Wages, Federal Payments, State Refunds, or Your Bank AccountIf we levy your wages, salary, federal payments or state refunds, the levy will end when:
- You pay your tax debt, or
- The time expires for legally collecting the tax.
Bank Account Levies
If we levy your bank account, your bank must hold funds you have on deposit, up to the amount you owe, for 21 days. This holding period allows time to resolve any issues about account ownership.
After 21 days, the bank must send the money plus interest, if it applies, to the IRS. To discuss your case, call the IRS employee whose name is shown on the Notice of Levy.
Filing a Claim for Reimbursement When We Made a Mistake in Levying Your Bank Account
If you paid bank charges because of a mistake we made when we levied your account, you may be entitled to a reimbursement. You will have 30 days to appeal the determination to the Tax Court.
If you live in South Florida and you need tax relief from an IRS tax Levy we can give you the tax help that you need.
IRS Tax Levy Tax Help – Ft.Lauderdale, Miami – Former IRS Affordable Experts – Broward Dade County
by Fresh Start Tax | Nov 20, 2013 | Tax Help
Tax Help – Ft.Lauderdale, Miami
Stop paying outrageous fees. At Fresh Start Tax LLC we flat fee bill.
We are a South Florida tax firm that specializes in IRS and State tax representation.
We have been in practice right here in South Florida since 1982 and we are A+ rated by the Better Business Bureau.
We have over 206 years of professional tax experience all right here in the Fort Lauderdale Miami area.
Our staff is comprised of tax attorneys, certified public accountants, and former IRS agents.
Staff of Former IRS
On staff are former IRS agents, managers and tax instructors that have worked in the local offices of the Internal Revenue Service for a combined 60 years.
We have worked as IRS auditors, IRS revenue agents, IRS revenue officers, and appeals agents.
We are familiar with every aspect of the Internal Revenue Service and have worked in the areas of management and teaching instructors. We taught many IRS agents of jobs as well as taught tax law at the Internal Revenue Service.
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We handle anything from simple collection notices to Tax Court and everything in between.
You can contact us today for free initial tax consultation and hear the truth about your case.
There are many excellent firms in the South Florida area.
Fresh Start Tax LLC is one of the oldest firms in the South Florida area for IRS and State tax representation.
If you are currently undergoing a tax audit we will hook you up with a former appeals agent of over 35 years with the IRS.
If you are going through an IRS collections matter, you can speak to a former IRS revenue officer who has over 10 years of direct work experience with the local collections division and was a former instructor with IRS.
Our billing and fee practices are based on flat fees.
We let all our clients know exactly what it will cost to resolve the problem that they have. In calling our offices we will give you a no-cost evaluation and let you know of the different resolution options available to you.
We are a very affordable professional tax firm.
Areas of Professional Tax Representation
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
- Full Service Accounting Tax Firm,
- We taught Tax Law in the IRS Regional Training Center
- Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
- Highest Rating by the Better Business Bureau “A” Plus
- Fast, affordable, and economical
- Licensed and certified to practice in all 50 States
- Nationally Recognized Veteran /Published Former IRS Agent
- Nationally Recognized Published EZINE Tax Expert
- As heard on GRACE Net Radio.com – Monthly Radio Show-Business Weekly
Areas of Professional Tax Practice:
- Same Day IRS Tax Representation
- Offers in Compromise or IRS Tax Debt Settlements
- Immediate Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Return Reconstruction
- Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Help
Tax Help – Ft.Lauderdale, Miami – Local Affordable Experts, Since 1982
