by steve | Mar 25, 2011 | IRS Tax Advice, Tax News
Affordable Fresh Start Tax LLC A professional tax firm specializing in IRS Tax Problems and IRS Tax Relief.
Very few people are aware of the injured spouse relief.
Remember this is injured spouse and not innocent spouse. Form 8379 will be your friend.
What is it?
If you file a joint return and all or part of your refund is applied against your spouses’ past-due federal tax, state income tax, child or spousal support or federal non tax debt, such as a student loan, you may be entitled to injured spouse relief.
Facts about IRS Injured Spouse Tax Relief
To be considered an injured spouse, you must have made and reported tax payments, such as federal income tax withheld from wages or estimated tax payments, or claimed a refundable tax credit, such as the earned income credit or additional child tax credit on the joint return, and not be legally obligated to pay the past-due amount.
If you live in a community property state, special rules apply. For more information about the factors used to determine whether you are subject to community property laws, see IRS Publication 555, Community Property.
If you filed a joint return and you’re not responsible for the debt, but you are entitled to a portion of the refund you may request your portion of the refund by filing Form 8379, Injured Spouse Allocation.
You may file form 8379 along with your original tax return or your may file it by itself after you are notified of an offset.
You can file the Form 8379 electronically. If you file a paper tax return you can include Form 8379 with your return, write “INJURED SPOUSE” at the top left corner of the Form 1040, 1040A, or 1040EZ. IRS will process your allocation request before an offset occurs.
If you are filing Form 8379 by itself, it must show both spouses’ social security numbers in the same order as they appeared on your income tax return. You, the “injured” spouse, must sign the form.
Do not use Form 8379 if you are claiming innocent spouse relief.
Instead, file Form 8857, Request for Innocent Spouse Relief. This relief from a joint liability applies only in certain limited circumstances. IRS Publication 971, Innocent Spouse Relief, explains who may qualify, and how to request this relief.
This information was taken and modified from IRS News Wire for clients of Fresh Start Tax LLC.
by steve | Mar 25, 2011 | IRS Tax Advice, Tax News
Affordable Fresh Start Tax LLC A Professional Tax Firm uniquely qualified to handle all your IRS Problems. Since 1982, Former IRS Agents, We Know the System!
We were former IRS Agents, Managers and Tax instructors who worked for the IRS for over 60 years. Let our 60 years of experience work for you.
We can immediately and permanently solve your back IRS issues.
Let former IRS Agents save you money. We know all the tax strategies.
Do not hire a tax mill because you will be ripped off. Be smart and hire true tax professionals. Check BBB Ratings.
Our areas of tax specialty:
- Immediate Tax Representation
- Offers in Compromise/Settlements
- Immediate Release of Bank Garnishments or Wage Levies
- IRS Notices/Bill of Intent to Levy or Final Notices
- IRS Tax Audits, Large and Small Dollar
- Hardships Cases, Payment Plans, Installment Agreements
- Innocent Spouse Relief
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Trust Fund Penalty Cases/6672
- Non-filers, never filed, old and past due tax returns
How we handle your IRS case to get you immediate tax relief and end your IRS Problem
- We obtain all the information from our clients and get an accurate description of the problem.
- We immediately send a power of attorney to the IRS so you never have to speak to them.
- We immediately have the IRS stop all of their enforcement action with that first call.
- We make sure the tax liability is correct by pulling tax transcripts and documents from the IRS’ computer.
- We file any returns that the IRS needs to get you current. All tax returns must be filed before the IRS will consider any agreements.
- We make sure your case is settled for the lowest possible amount allowed by law by going over all the different options that are available to you.
Why Hire Fresh Start Tax, LLC? We tell you the truth!
1. Fresh Start Tax is a National Tax Firm whose principles have been practicing Tax Law since 1982.
2. On staff are Board Certified Tax Attorneys, CPAs and Former IRS Agents, Managers and Instructors.
3. Former IRS Agents/Managers will review, manage, represent and close your IRS Tax Case for the best settlement possible.
4. We are one of the most experienced and trusted Professional Tax Firms with over 140 years of tax experience.
5. We have an “A” Rating from the Better Business Bureau.
by steve | Mar 25, 2011 | IRS Tax Advice, New York Tax, Tax News
Affordable Fresh Start Tax LLC A Professional Tax Firm specializing in immediate IRS Tax Relief and Tax Help, Since 1982, Former IRS, over 60 years with IRS
We are comprised of Board Certified Tax Attorneys, IRS Tax Lawyers, CPA’s and Former IRS Agents.
We have over 140 years of professional tax experience and we have worked for the IRS for over 60 years.
You will have a former IRS Agent, Manager or IRS teaching instructor actually work and successfully get you the tax results you are looking for. We know all the tax strategies.
We are one of the oldest, most trusted and experienced IRS Tax Firms.
We are true IRS Tax Experts.
Tax Help/Relief for:
- Immediate Tax Representation
- Offers in Compromise/Settlements
- Immediate Release of Bank Garnishments or Wage Levies
- IRS Notices/Bill of Intent to Levy or Final Notices
- IRS Tax Audits, Large and Small Dollar
- Hardships Cases, Payment Plans, Installment Agreements
- Innocent Spouse Relief
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Trust Fund Penalty Cases/6672
- Non-filers, never filed, old and past due tax returns
Why Hire Fresh Start Tax, LLC? We tell you the truth!
1. Fresh Start Tax is a National Tax Firm whose principles have been practicing Tax Law since 1982.
2. On staff are Board Certified Tax Attorneys, CPAs and Former IRS Agents, Managers and Instructors.
3. Former IRS Agents/Managers will review, manage, represent and close your IRS Tax Case for the best settlement possible.
4. We are one of the most experienced and trusted Professional Tax Firms with over 140 years of tax experience.
5. We have an “A” Rating from the Better Business Bureau.
Do your homework before hiring a Professional Tax Firm.
Make sure they have on staff Board Certified Tax Attorneys, Lawyers, CPA’s, Former IRS Agents and Managers. Also, check the following to ensure the creditability and history of the TAX FIRM.
1. Better Business Bureau – www.bbb.org/us/Find-Business-Reviews
2. Complaints.com – www.complaintsboard.com
3. Rip Off Report – http://www.ripoffreport.com/
by steve | Mar 25, 2011 | IRS Tax Advice, Tax News
Fresh Start Tax “A” Plus Rated by the BBB A Professional Tax Firm Former IRS Agents, Managers and Instructors can help you through your problem
Call us today to get this process started.
How to get a Federal Tax Lien released or removed!
Releases or removals of the Federal Tax Lien filed by the Internal Revenue Service
Almost all Federal Tax Liens filed by the IRS and your back taxes are filed by the IRS computer system. The Federal Tax Liens are systemically filed by the IRS and the computer system called “CADE’, Customer Account Data Engine.
The Federal Tax Liens are filed after a formal notice and demand was given or issued by the IRS. There are ways to remove or release the Federal Tax Lien on back taxes. Call us today.
The IRS must release your Federal Tax Lien when:
1. The liability is satisfied
2. The liability is unenforceable, the 10 year statute of limitation has expired;
3. A bond has been accepted by the Internal Revenue Service.
If the statute has expired on each of the tax years, the Internal Revenue Service will not issue a formal release of the federal tax lien.
The Service will tell you the lien is expired by statute. Unless you call them and ask for a formal release of the federal tax lien, a paper release will not be generated. It is very important to contact the credit bureau and make sure the released is picked up by each agency. You should check 30 days after the releases of the Federal Tax Liens.
“Unenforceable” means, as a matter of law it is no longer collectible.
Acceptance of a Bond by the Internal Revenue Service;
The bond must be executed by a surety company holding a certificate of authority from the Secretary of the Treasury, or, in the discretion of the area director, collateral may be accepted within established limits .
A listing of approved sureties is contained in Department Circular 570, Treasury’s Listing of Approved Sureties, which is available on the Internet at fms.treas.gov/c570. The acceptability of a surety, other than a Treasury approved surety, will be determined on a case by case basis.
Acceptance of an Offer in Compromise
1. When an Offer In Compromise has been paid in full, the Internal Revenue Service will issue a release of the federal tax lien on back taxes.
Cases involving the Trust Fund Penalties
Issue a Certificate of Release of Federal Tax Lien to the nonpaying officer(s) on a trust fund recovery penalty assessment when one officer has paid the liability in full. This will be done even though the liability has not been abated pending the expiration of the statutory period during which a claim for refund by the paying officer may be made.
Bankruptcy Discharge of One Party on a Jointly Filed Lien
When one party on a jointly filed federal tax lien files bankruptcy and is discharged.
A certificate of releases for the party discharged must be manually prepared. These are not systemic issuance’s. These are much harder to get the attention of IRS employees.
Innocent Spouse Determinations
The IRS through the IRC § 6015 grants relief to a spouse when it is determined that he or she is not responsible for the liability.
The IRS issues a release for the taxpayer who is not responsible for the liability.
With Full Payment an immediate release of the federal tax lien is given
When a taxpayer wants to pay the liability in full in order to secure an immediate lien release, IRS will do the following:
IRS will prepare Form 668(Z), Certificate of Release of the IRS Federal Tax Lien.
IRS will forward a copy of the Form 668(Z) to the correct unit. They will forward the copy by secure email including the date of the release, the reason for the release, and the name and badge number of theperson initiating the release. If unable to send this information via email, phone or fax the information to the lien release unit
IRS will provide Notice 48, Release of the IRS Federal Tax Lien, to the taxpayer.
IRS will advise the taxpayer that he or she must file the certificate and pay a recording fee if the release needs to be recorded immediately. The filing fee is different in each state.
The quick handling of this can be done through a professional company like Fresh Start Tax.
Certificate of the IRS Release of the Federal Tax Lien
Issue a Certificate of Release only after all assessments covered by the federal tax lien meet the criteria for release even though a certificate can be issued after each assessment is satisfied or becomes unenforceable.
If a specific request is received from a taxpayer for the issuance of a release of satisfied or unenforceable modules on federal tax lien recorded with multiple modules, forward the request for a partial release of the federal tax lien
by steve | Mar 25, 2011 | IRS Tax Advice, Tax News
Affordable Fresh Start Tax LLC “A” Plus Rated by the Better Business Bureau A Professional Tax Firm IRS Tax Expert Since 1982 We Know the System
We are comprised of Board Certified Tax Attorneys, IRS Tax Lawyers, CPAs and former IRS Agents and Managers.
Our firm has over 140 years of professional tax experience and over 60 years of working for the IRS.
Hire former IRS Agents who taught the Offer in Compromise Program/ Debt Settlement Program at IRS.
On staff are former IRS Instructors who taught the IRS Tax Debt Settlement Program at the IRS in the local and district IRS offices.
We are one of the oldest, most experienced and professional tax firms when it comes to IRS Tax Debt Resolution
IRS Tax Debt Settlement Programs/Offers in Compromise and other Tax Programs
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 your tax returns are filed and current. If your tax returns are not up to date, IRS will refuse to work your case. This is leverage that the IRS uses to get you compliant. Lost tax records, no problem. We can pull tax transcripts, file and prepare your tax returns within days.
3. IRS requires a current financial statement. We will secure a required 433-F (IRS financial statement), verify the income and expenses and work out a settlement agreement. IRS will require a closing settlement method for each case.
4. IRS Settlement agreements/programs 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 IRS uses for the lowest possible amount required.
c. Offer in Compromise/IRS Settlements. There are three types of OICs:
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.
3. Effective Tax Administration – 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.
Call us for a free tax consultation. Free video conferencing is also available..
Do your homework before hiring a Professional Tax Firm. Make sure they have on staff Board Certified Tax Attorneys, Lawyers, CPA’s, Former IRS Agents and Managers. Also, check the following to ensure the creditability and history of the TAX FIRM.
1. Better Business Bureau – www.bbb.org/us/Find-Business-Reviews
2. Complaints.com – www.complaintsboard.com
3. Rip Off Report – http://www.ripoffreport.com/
by steve | Mar 24, 2011 | IRS Tax Advice, Tax News
Fresh Start Tax LLC A Professional Tax Firm keeps our clients aware of the latest scams that the IRS has found from the slime balls crawling around.
This is the latest from the IRS News Wire of new tax scams.
Latest Tax Scams from the IRS News Wire
The IRS wants taxpayers to be aware of tax scams. These scams are illegal and can lead to problems for taxpayers including significant penalties, interest and possible criminal prosecution. The schemes take several shapes, ranging from promises of large tax refunds to illegal ways of “untaxing” yourself.
Here are three important guidelines to keep in mind:
You are responsible and liable for the content of your tax return.
Anyone who promises you a bigger refund without knowing your tax situation could be misleading you, and
Never sign a tax return without looking it over to make sure it is accurate.
Beware of these common schemes:
Return Preparer Fraud:
Dishonest tax return preparers can cause many headaches for taxpayers who fall victim to their ploys. Such preparers derive financial gain by skimming a portion of their clients’ refunds and charging inflated fees for return preparation services. They attract new clients by promising large refunds. Choose carefully when hiring a tax preparer. As the saying goes, if it sounds too good to be true, it probably is. No matter who prepares your tax return you are ultimately responsible for its accuracy and for any tax bill that may arise due to a questionable claim.
To increase confidence in the tax system and improve compliance with the tax law, the IRS is implementing a requirement that all paid tax return preparers register with the IRS and obtain a preparer tax identification number (PTIN). Later this year, registered preparers will have to pass a competency exam and take continuing education courses.
Identity Theft:
It pays to be choosy when it comes to disclosing personal information. Identity thieves have used stolen personal data to access financial accounts, run up charges on credit cards and apply for new loans. The IRS is aware of several identity theft scams involving taxes or scammers posing as the IRS itself. The IRS does not use e-mail to contact taxpayers about issues related to their accounts. If you have any doubt whether a contact from the IRS is authentic, call 800-829-1040 to confirm it.
Frivolous Arguments:
Promoters have been known to make outlandish claims such as that the Sixteenth Amendment concerning congressional power to establish and collect income taxes was never ratified; that wages are not income; that filing a return and paying taxes are merely voluntary; and that being required to file Form 1040 violates the Fifth Amendment right against self-incrimination or the Fourth Amendment right to privacy. Don’t believe these or other similar claims. Such arguments are false and have been thrown out of court. Taxpayers have the right to contest their tax liabilities in court, but no one has the right to disobey the law.
For more information about these and other tax scams visit the IRS Web site at http://www.irs.gov. Remember that for the genuine IRS Web site be sure to use .gov. Don’t be confused by Internet sites that end in .com, .net, .org or other designations instead of .gov. The address of the official IRS governmental Web site is http://www.irs.gov.
