by Fresh Start Tax | Oct 2, 2013 | Tax Help
After years of making taxpayers suffer, the Internal Revenue Service has come up with a new program that will help thousands and thousands of taxpayers.
As a former IRS agent I cannot tell you the amount of times I’ve signed a federal tax lien.
It would be in the thousands. We would file lien at the drop of a hat.We had to file those federal tax liens because that was the IRS policy. But now after years of taxpayer hardships, complaints and new IRS programs, the Internal Revenue Service is making it easier to each of federal tax lien released
The federal tax lien is very damaging to taxpayers for years to come because of what it does to a taxpayer’s credit score.
One of the problems in trying to pay the Internal Revenue Service in full, it limits the amount of money you could borrow, secure a loan to pay the tax off in full because of the lien has such a damaging impact.
New IRS Program to Get a Federal Tax Lien Released 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 however 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If you wish to have the Notice of Federal Tax Lien withdrawn, you must request the withdrawal in writing.
Please 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you are a qualifying taxpayer and meet the eligibility requirements, you may have your filed Notice of Federal tax Lien withdrawn after entering into a Direct Debit installment agreement.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. 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, also:
- 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.
If you default on your Direct Debit Installment Agreement
If you default on your Direct Debit Installment Agreement after the lien is withdrawn, a new notice of lien may be filed and collection efforts may resume.
Last year approximately 950,000 liens were filed by the Internal Revenue Service. you should be aware that if you contact IRS before the filing of the 1058 letter you have a good possibility of the IRS not filing your federal tax lien.
Contact us today to learn more.
New IRS Program to Get a Federal Tax Lien Released, Former IRS
by Fresh Start Tax | Oct 2, 2013 | Back Taxes
IF The Internal Revenue Service has filed your back tax returns you can reverse the audit process by asking for a tax audit reconsideration.
the Internal Revenue Service filed a substitute for return because they found that you did not voluntarily submit a tax return to the IRS. As a result under 6020 B of the IRC the Internal Revenue Service can both file and assess taxes against you
When the Internal Revenue Service file your tax returns they will not be doing you a favor. You will be paying the highest amount of tax a lot by law. The Internal Revenue Service will grant you no extra dependence, no extra credits, no extra exemptions, and no extra expenses. These are just some of the penalties at Internal Revenue Service will enforce when you do not voluntarily file your back tax returns.
SO WHAT CAN YOU DO
FILE for a IRS Audit Reconsideration for Back Taxes
An Audit Reconsideration is the process the IRS uses to reevaluate the results of a prior audit where additional tax was assessed and remains unpaid, or a tax credit was reversed. If the taxpayer disagrees with the original determination he/she must provide information that was not previously considered during the original examination.
It is also the process the IRS uses when the taxpayer contests a Substitute for Return (SFR) determination by filing an original delinquent return.
There must be specific reasons for a request
Some reasons for an audit reconsideration request:
- The taxpayer did not appear for the audit.
- The taxpayer moved and did not receive the correspondence from the IRS.
- The taxpayer has new documentation to present.
- A taxpayer might request an audit reconsideration if:
- The taxpayer disagrees with an audit assessment from an audit of his/her return.
- The taxpayer disagrees with an assessment created under the authority of IRC Section 6020(b), Substitute for Return (SFR).
- The taxpayer has been denied tax credits such as EITC claimed, during prior examination.
Criteria for a IRS Tax Reconsideration on Back Taxes
In order to request an audit reconsideration:
1. The taxpayer must have filed a tax return.
2. The assessment remains unpaid or the Service has reversed tax credits that the taxpayer is disputing.
3. The taxpayer must identify which adjustments he/she is disputing.
4. The Taxpayer must provide additional information not considered during the original examination.
What you need to provide and problems that may arise
You will need to send to Internal Revenue Service in original tax return along with a letter written to support your claim that you have their right for a tax audit reconsideration.
I suggest you use the reasons mentioned above in your letter.
Remember IRS has the right to reject your IRS tax audit reconsideration for wrong reasons.
There is no statute all limitations for an IRS tax reconsideration.
It is in your best interest to have a professional tax firm who truly knows what they’re doing process your tax returns and file for the IRS tax audit reconsideration.
So if you have not filed back tax returns either follow the above instructions or contact us today for free initial tax consultation.
We can stop the worry and fear of the Internal Revenue Service.
You will back taxes as a result of filing an IRS audit reconsideration we can work out a tax settlement for you.
We are professional tax firm with over 206 years professional tax experience and over 60 years of working directly for the Internal Revenue Service in the local, district, and regional tax offices of the Internal Revenue Service.
We are the affordable tax experts for the filing of back tax returns and tax settlements.
Where to file a Notice of Reconsideration
W & I Cases SB/SE Cases
Form 1040 with Schedule C, E, F, or Form 2106 International Returns
FSC – 89 BSC – 19 BSC – 19
Fresno Campus
ASFR Unit Stop 81304
PO Box 24015
Fresno, CA 93779 1–866–897–3370 Brookhaven Campus
ASFR Unit Stop 654
PO Box 9013
Holtsville, NY 11742-9013
(631) 447-4984 Brookhaven Campus
ASFR Unit Stop 654
PO Box 9013
Holtsville, NY 11742-9013 (631) 447-4984
Back Tax Returns – Did the IRS File Your Tax Return – Here is WHAT TO DO
by Fresh Start Tax | Oct 2, 2013 | Back Taxes, Tax Settlements
File Back Tax Returns & Get IRS Tax Settlement at the Same Time
If you need to file back tax returns and you have put this off because there is some fear, there is a process to file all your back tax returns and apply for an IRS settlement called an offer in compromise or tax debt settlement.
What is a Offer in Compromise
An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship.
IRS will consider your unique set of facts and circumstances:
- Your Asset equity all will play a key factor in IRS tax settlement.
The IRS will generally approve an offer in compromise when the amount offered represents the most we can expect to collect within a reasonable period of time.
IRS will only be interested in your assets and income.
Please know the Offer in Compromise/IRS Settlement program is not for everyone.
We will have you walk through a pre-qualifier tool before we apply for an IRS tax settlement. It will save you time and money and in the same time make sure you are an eligible candidate to settle your IRS taxes.
If you have not filed your Back Tax Returns
You should know you are not alone.
Millions and millions of taxpayers has failed to file their old, back, and past due tax returns.
Once the snowball starts of not filing your tax returns the years add up quickly.
Taxpayers usually bury their heads in the sand for no reason. The process of filing your back tax returns and getting IRS settlements is much easier than taxpayers think.
If you want to get this process taking care of, just contact us today and we will walk to this process with you with a free assessment and let you know how the simple process can be.
We are comprised of tax attorneys, certified public accountants, and former IRS agents with over 60 years of combined work experience in the local, district, and regional tax offices in the state of Florida.
We better practice since 1982 and we are A+ rated by the Better Business Bureau.
If you need to file your back tax returns – With or Without records
If you need to file your old, past due, or late tax returns you can simply order your tax records from the IRS.
We can prepare your returns and send them to Internal Revenue Service.
If you have lost, destroyed, or no records we can reconstruct your tax returns. As former IRS agents, managers and tax instructors we have reconstructed thousands of tax returns over the years.
The Process
The process happens by us contacting the Internal Revenue Service and letting them know we will be filing your tax returns. Stop the worry now.
Once we notify the Internal Revenue Service and file a power of attorney, you will never have to speak to the Internal Revenue Service. All communication goes through our firm.
We will pull income tax transcripts which will allow us to see the income information that IRS has received on you as reported by third parties. We do this to make sure that IRS may not pull your return for a future audit based on unreported income.
If you do not file your own tax return IRS has the right to file for you.
IRS will prepare your return under 6020 B of the IRS code and they will do you absolutely no favors.
You will pay the highest amount possible. We can undo this process by filing for an audit reconsideration but is much more timely and expensive.
We will contact the IRS
Once we file your tax returns we will contact the Internal Revenue Service and provide them with the current financial statement.
With the current financial statement documented with all income and expenses the IRS will then process a tax settlement for you.
Tax settlements may come in the way of hardships, installment agreements or the offer in compromise which is mentioned above.The OIC will end your problem once and for all while the others are temporary solutions.
Once we review your financial statement we will walk you through the process of how IRS will settle your case.
We are one of the most experienced, trusted and honest firms in the tax resolution industry. We are A+ rated by the Better Business Bureau.
File Back Tax Returns & Get IRS Settlement at the Same Time – Jacksonville, Tampa, Miami, Ft.Lauderdale – FLORIDA
by Fresh Start Tax | Oct 2, 2013 | Back Taxes
If you fail to file back tax returns the IRS can and will file for you and they will not do you any favors. You will pay the highest amount of tax allowed by law.
The Internal Revenue Service will not allow you any extra exemptions, deductions or any expenses.
The good news, the IRS has a process where you can reverse their filings.
It is called a Audit Reconsideration.
The process in which all this happens is called the substitute for tax returns. (SFR )
Under code section 6020 b, IRS has the authority to file any and all back returns that are late. The Internal Revenue Service must give you notice that this will take place.
The IRS Code Section that allows filing of your back tax returns 6020B
(a) Preparation of return by Secretary
If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person.
(b) Execution of return by Secretary
(1) Authority of Secretary to execute return
If any person fails to make any return required by any internal revenue law or regulation made thereunder at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise.
(2) Status of returns
Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes.
The good news is is there is a process called tax audit reconsideration in which you can file in original tax return to replace the IRS audit assessment.
The Internal Revenue Service does not have to grant this reconsideration but as a general rule if all tax return are prepared properly and the tax return is correct, the Internal Revenue Service will adjust your tax assessment.
The IRS Tax Audit Reconsideration Process
The IRS Tax Audit Reconsideration procedure is available as a matter of IRS administrative policies to make sure only a correct tax has been assessed. The Internal Revenue Service does not have to allow this reconsideration.
There is no “reconsideration” statute.
The process is described in the Internal Revenue Manuals.
This tax procedure applies only to unpaid assessments.
If the assessed tax has been paid, taxpayers can file an amended return, submit a Form 843 and pursue refund litigation in federal court.
The IRS allows this process to make sure that:
- Making sure the amount of assessed tax is correct.
- Making sure the collection process is suspended while the reconsideration request is being considered.
- Making sure that the procedures support the abatement of assessments in appropriate situations.
- Making sure that cases are handled in a consistent and fair matters to all taxpayers.
IRS will not allow frivolous requests.
As a former IRS agent in teaching instructor when a taxpayer filed frivolous tax returns on some occasions I referred the cases to criminal investigation.
Make sure when you are filing a tax return you are fair and accurate as possible.
Internal Revenue Service will only process tax reconsideration to make sure that new information has been provided.
Taxpayers who have not filed an original tax return easily can justify the filing of there reconsideration’s because they have not turned in any documents to the Internal Revenue Service.
Therefore
A IRS tax reconsideration occurs when the taxpayer/business submits to the IRS information not previously considered after the issuance of a final determination. The information must be different than what was previously considered.
What is the next step
IRS audit reconsideration are sometimes tricky and IRS has a right to deny the audit reconsideration.
I suggest taxpayers use a professional company whose experienced in the matters of filing back tax returns and tax matters.
It is critical you follow up with the IRS correspondence because the IRS may process the assessment and then will follow up with collection enforcement action which includes the filing of the federal tax liens, the filing of bank levies, seizures and the garnishment of wages.
Contact us today and we can help you through this process to correct your tax returns and to stop the IRS.
File Back Tax Returns Before the IRS Files For You – Get Former Affordable Agents to Help
by Fresh Start Tax | Oct 2, 2013 | Tax Returns
Most taxpayers are very surprised to learn that IRS can file your back tax returns and you will not like the results.
As a former IRS agent, I executed this code section and filed back tax returns for taxpayers who failed to file past due, late or overdue tax returns.
The good news is that there is a procedure which reverses process called an audit reconsideration.
By contacting us today, we can tell you about the process and start to reverse the IRS audit assessment that was created as a result of the Internal Revenue Service filing your back tax returns.
We are tax specialty firm that deals with IRS problems, issues and tax matters.
We are comprised of tax attorneys, tax lawyers, certified public accountants, former IRS agents, managers and tax instructors.
We have over 206 years professional tax experience and over 60 years of working directly for the Internal Revenue Service and the local, district, and regional tax offices of the IRS.
The IRS Code Section that allows filing of your back tax returns
(a) Preparation of return by Secretary
If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person.
(b) Execution of return by Secretary
(1) Authority of Secretary to execute return
If any person fails to make any return required by any internal revenue law or regulation made thereunder at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise.
(2) Status of returns
Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes.
How IRS Ascertains the Back Tax Returns
The Internal Revenue Service does not take just an estimated guess on what your income is.
They usually have facts and figures already made available to them by third parties. The Internal Revenue Service collects 1099s, W-2s and assorted income information from third-party filers who must report to the Internal Revenue Service. Most of this information is from people,companies you have derived income from such as employers, vendors, contractors and banks.
Those income sources are matched up against taxpayers Social Security number.
If the Internal Revenue Service CADE2 computer does not find a tax return/social security number matched up with that income, the IRS will issue a notice of proposed assessment.
The Internal Revenue Service will do you no favor in filing this tax return. They will allow you a single exemption, no expenses and no deductions. You will be paying the highest amounts allowed by law.
As a general rule, IRS issues 1.4 million adjustments each and every year from the matching program. Many matching program audits just make adjustments due to one or two W-2s or 1099’s, however when no tax return was filed the IRS files a substitute for return.
IRS notifies taxpayers that they Filed Your Back Taxes
By law, the Internal Revenue Service notifies you of the proposed notice of assessment. The IRS is tries to contact taxpayers well before IRS prepares these substitute for returns.
Problems is- taxpayers have moved and have not received any correspondence. Taxpayers have failed to get any of these notices or letters and the problem just perpetuates itself. It then snowballs until at some point in time the taxpayer realizes the IRS filed a notice of tax assessment, filed the tax lien, sent out a bank levy, or garnished your wages.
What to do to resolve this problem – Reverse this process
To resolve this problem you need to prepare original tax returns and send them in to the reconsideration unit of the Internal Revenue Service.
You must be prepared to document those tax returns with expense items should the IRS want to fully audit your tax return.
Make sure your tax return is accurate because an IRS audit could follow. You should contact us today to prepare your tax return and walk you through the reconsideration process.
Where to file a Notice of Reconsideration
W & I Cases SB/SE Cases
Form 1040 with Schedule C, E, F, or Form 2106 International Returns
FSC – 89 BSC – 19 BSC – 19
Fresno Campus
ASFR Unit Stop 81304
PO Box 24015
Fresno, CA 93779 1–866–897–3370 Brookhaven Campus
ASFR Unit Stop 654
PO Box 9013
Holtsville, NY 11742-9013
(631) 447-4984 Brookhaven Campus
ASFR Unit Stop 654
PO Box 9013
Holtsville, NY 11742-9013 (631) 447-4984
Remember if you do not follow up with the tax audit reconsideration, the Internal Revenue Service will follow these assessments up with enforcement action. The last thing you want to do is have the Internal Revenue Service file a federal tax lien because you failed to file a back tax return.
Contact us today and speak directly to a former IRS agent, manager or tax instructor who can walk you through this problem and successfully resolve your case.
Did IRS File Your Back Tax Returns, You can Reverse this Process, Former IRS
